A.
Purpose. The primary purpose of this zone is to promote
the continuation and preservation of agricultural activities in those
areas most suitable for such activities. This Zone also intends to
protect and stabilize the Township's viable agricultural economy by
eliminating uses that are incompatible with farming but permitting
limited agricultural support businesses. Consequently, residential
uses are limited, and any future inhabitants in this zone must be
willing to accept the impacts associated with normal farming practices
and related businesses.
B.
Permitted uses.
(1)
Agriculture, intensive agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, subject to the standards listed in § 185-28.
(2)
Single-family detached dwellings and farm dwellings.
(3)
Public uses.
(11)
Municipal uses and structures.
(14)
Accessory uses customarily incidental to and
on the same lot as the above Permitted use.
E.
Lot area requirements.
[Amended 8-11-2008 by Ord. No. 2008-2]
(1)
Agricultural use:10 acres.
(2)
Single-family detached dwelling: minimum lot area
of 32,000 square feet and a maximum lot area of two acres or as may
be required to meet DEP requirements for on-lot water supply and sewage
disposal; provided, however, that the maximum lot area shall not be
permitted to exceed two acres if a dispersion plume easement can be
used.
(3)
Other permitted, special exception, or conditional
uses: Unless otherwise specified, all other principal uses shall contain
at least one acre. Except as otherwise specifically stated, no nonagricultural
use shall have a lot area in excess of five acres.
F.
Minimum lot width: 200 feet at the minimum front yard
setback line; 150 feet at the lot frontage.
G.
Minimum setbacks and maximum height requirements.
(1)
Agricultural uses (other than farm dwellings).
(3)
Other permitted, special exception or conditional
uses. Unless otherwise specified, the following requirements shall
apply to all other principal uses permitted within the Agricultural
Zone:
(4)
I.
Required conservation plan. Any agricultural production,
horticultural or forestry-related uses which involve earthmoving activities,
or the commercial harvesting or timbering of vegetation, shall require
the obtainment of an approved conservation plan by the Lancaster County
Conservation District, pursuant to Chapter 102, Erosion Control, of
Title 25, Rules and Regulations, Department of Environmental Protection.
All on-site activities shall then be in compliance with the approved
conservation plan.
J.
Driveways and access drives. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities and farm occupations shall be exempt from driveway and access drive requirements.
K.
All uses permitted within this zone shall also comply with the general provisions contained within Article III of this chapter.
L.
Agricultural nuisance disclaimer. All lands within
the Agricultural Zone are located within an area where land is used
for commercial agricultural production. Owners, residents and other
users of this property may be subjected to inconvenience, discomfort
and the possibility of injury to property and health arising from
normal and accepted agricultural practices and operations, including
but not limited to noise, odors, dust, the operation of machinery
of any kind, including aircraft, the storage and disposal of manure,
the application of fertilizers, soil amendments, herbicides and pesticides.
Owners, occupants and users of this property should be prepared to
accept such inconveniences, discomfort and possibility of injury from
normal agricultural operations, and are hereby put on official notice
that Section 4 of the Pennsylvania Act 133 of 1982, "The Right to
Farm Law"[1] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 954
et seq.
M.
Vegetation setback requirement. No shrub nor tree
shall be planted within 10 feet and 15 feet, respectively, of any
adjoining farm.
N.
Subdivision and land development limitations. It is
the intent of the Supervisors to preserve and protect agriculture
and to preserve prime agricultural soils through limitations on subdivision
and land development.
[Added 8-11-2008 by Ord. No. 2008-2]
(1)
Number of lots, dwellings or other principal nonagricultural buildings permitted. For each parent tract there shall be permitted the subdivision of one lot (which shall specifically include, but not be limited to, a subdivision to create a farm or farms and a subdivision to change lot lines or a "lot add-on" subdivision which removes land from the parent tract to add the land to another lot) or the erection of one single-family dwelling or other principal nonagricultural building on the parent tract, but not both, with the portion of the existing or newly created lot used for residential purposes limited to the maximum lot size set forth in § 185-14E above, for each 25 acres held on July 20, 1976, or if the parent tract was not classified as Agricultural Zone (A) on July 20, 1976, on the date when such land was first included in the Agricultural Zone (A) after July 20, 1976. Lots created before July 20, 1976, and dwellings which existed on July 20, 1976, shall not be counted in determining the number of lots permitted to be subdivided or the number of dwelling permitted to be erected. A tabular example of this limitation on the creation of lots or the erection of dwellings is as follows:
|
Parent Tract Size
(acres)
|
Number of Permitted Subdivisions or Dwellings
or Principal Nonagricultural Buildings Permitted To Be Erected
| |
|---|---|---|
|
At least 3 but less than 25
|
1
| |
|
At least 25 but less than 50
|
2
| |
|
At least 50 but less than 75
|
3
| |
|
At least 75 but less than 100
|
4
| |
|
At least 100 but less than 125
|
5
| |
|
At least 125 but less than 150
|
6
| |
|
At least 150 but less than 175
|
7
| |
|
At least 175 but less than 200
|
8
| |
|
At least 200 but less than 225
|
9
| |
|
At least 225 but less than 250
|
10
|
(a)
For those parent tracts equal to or greater
than three acres but less than 25 acres which contained one or more
residential dwellings on July 20, 1976, one new lot may be subdivided
or one single-family dwelling or other principal non-agricultural
building may be erected (but not both), provided that, wherever possible,
such new lot contains soils predominantly within the agricultural
land capability classifications of IV, V, VI, VII, or VIII as defined
by the USDA or such dwelling shall be constructed upon such soil types
and be surrounded predominantly by such soil types and be immediately
adjacent to an existing public road. No further subdivision or erection
of additional single-family dwellings or other principal non-agricultural
buildings shall be permitted. Any plan for the subdivision of any
such lot or the erection of any such dwelling or other principal non-agricultural
building shall contain a note stating that further subdivision of
the parent tract or the erection of additional dwellings or other
non-agricultural principal buildings is prohibited. The deed for any
lot so created shall contain a similar notation.
(b)
For those parent tracts equal to or greater
than three acres but less than 25 acres which did not contain a residential
dwelling on July 20, 1976, two new lots may be subdivided or two single-family
dwellings or other principal non-agricultural buildings may be erected
(but not both), provided that, wherever possible, each such new lot
contains soils predominantly within the agricultural land capability
classifications of IV, V, VI, VII, or VIII as defined by the USDA
or each such dwelling shall be constructed upon such soil types and
be surrounded predominantly by such soil types and be immediately
adjacent to an existing public road. No further subdivision or erection
of additional single-family dwellings or other principal non-agricultural
buildings shall be permitted.
(c)
For those parent tracts which contain at least
25 acres, the table set forth above shall be followed to determine
the number of lots which may be created or the number of dwellings
or other principal non-agricultural buildings which may be erected.
Whenever possible, each lot shall be created to contain and each dwelling
or other non-agricultural building shall be erected on soils with
the agricultural land capability classifications of IV, V, VI, VII,
or VIII as defined by the USDA. The burden shall be upon the applicant
to demonstrate that development on such soils is not possible. If
subdivision of a lot with such soils or the location of a dwelling
or other principal non-agricultural building upon such soils is not
possible, the lot or dwelling or other principal non-agricultural
building shall be so located as to be directly adjacent to an existing
public road.
(d)
The number of lots which may be created or single-family
dwellings or other principal non-agricultural buildings which may
be erected on the parent tract shall be fixed according to the parent
tract. This number shall not be increased by the subdivision of such
parent tract. Any subsequent owner of a parent tract or land remaining
in a parent tract after subdivision shall be bound by the actions
of his predecessor.
(e)
Any land development, the purpose of which is
to permit the erection of a permanent single-family dwelling on a
parent tract which has been previously improved with a dwelling which
also will remain upon the parent tract or to permit the erection of
a structure for an additional principal use on the parent tract, shall
be considered a subdivision for the purposes of this section. It is
the purpose and intent of this section to limit the development of
agricultural tracts for non-agricultural purposes regardless of whether
such development is accomplished by subdivision or land development
as those terms are defined in the Municipalities Planning Code.
(f)
No subdivision shall be permitted which shall
increase the lot size of a lot of record used or to be used for residential
purposes in excess of the maximum lot size as set forth herein. Any
lot which is less than 10 acres in size shall be presumed to be used
for residential purposes.
(g)
If a parent tract is to be subdivided to create
a new lot for a farm, the remainder of the parent tract and the new
lot to be created for the new farm each must contain a minimum of
10 acres. The applicant shall have the burden to present substantial
evidence to support the applicant's position that the principal use
of the new lot will be a farm.
(h)
In addition to any other requirements of this chapter, any proposal to subdivide a parent tract to create a new lot which is greater than three acres but less than 10 acres or which will result in the remainder of the parent tract being in excess of three acres but less than 10 acres shall not be permitted unless the applicant obtains a special exception. The applicant shall demonstrate i) that the lot size and the use to be conducted upon such lot or remainder of the parent tract is authorized within the Agricultural Zone (A) and, if such use is authorized by special exception, such special exception shall have been obtained, or ii) that the proposed subdivision uses all remaining rights to subdivide lots or erect additional dwellings or other principal non-agricultural buildings on the parent tract and no configuration which would limit the creation of the lot to less than three acres while retaining a parent tract of at least 10 acres is possible. Notwithstanding the foregoing, a landowner of a parent tract shall be permitted to subdivide the number of residential lots with a maximum lot size of three acres authorized by § 185-14N(1) even if such subdivision or subdivisions will result in the remainder of the parent tract being less than 10 acres.
(2)
Exemptions from limitation on subdivision of land. The following types of subdivisions shall not be counted against the subdivision/land development quota established by § 185-14N(1):
(a)
A subdivision, the sole purpose of which is
to transfer land to increase the size of a tract being used for agricultural
purposes, where both the parent tract from which the land is taken
and the parent tract to which the land is added will be 10 acres or
greater after such subdivision.
(b)
A subdivision, the sole purpose of which is
to transfer land from the parent tract to increase the size of an
existing adjoining lot, where the amount of land removed from the
parent tract to increase the size of such adjoining lot shall not
cumulatively exceed 10,000 square feet after the effective date of
this section (July 21, 2008).[2]
(c)
A subdivision to create a lot which will be
transferred to the Township or a municipal authority created by the
Township.
(3)
Requirements for plans and deeds relating to lands
within the Agricultural Zone (A). Any subdivision or land development
plan hereafter filed with the applicable approving body for subdivision
or land development of land in the Agricultural Zone (A) shall specify
on the recorded plan which lot or lots shall carry a right of further
subdivision or erection of single-family dwellings or other principal
non-agricultural buildings, if any such right remains from the quota
allocated to the parent tract on July 20, 1976, or on the date when
such land was first included in the Agricultural Zone (A), whichever
is later. The right of further subdivision or erection of single-family
dwellings or other principal non-agricultural buildings, or a statement
that no further subdivision or erection of single-family dwellings
or other principal non-agricultural buildings is permissible, shall
also be included in the deed to the newly created lot. If the designation
of the right of further subdivision or erection of additional single-family
dwellings or other principal non-agricultural buildings was not included
on a subdivision or land development plan of a parent tract, it shall
be conclusively presumed that the largest lot remaining after subdivision
shall carry the right of further subdivision or erection of additional
single-family dwellings or other principal non-agricultural buildings.
A.
Purpose. The primary purpose of this zone is to promote
a continuation of the rural character of the area, characterized by
a mixture of agricultural and sparsely developed residential uses.
In addition, other small-scale nonresidential uses have developed.
This Zone will continue these development trends but will install
additional protection for agricultural uses and rural residences from
the impacts of other nonresidential uses. These areas are not likely
to be served by public sewer or water facilities within the foreseeable
future; therefore, larger lot sizes are indicated. This Zone has been
deliberately located away from large areas of productive farmlands;
nonetheless, extensive areas have been placed within this zone owing
to the Township's overall rural flavor. Because of the vastness of
these areas, some steep slopes are included. For this reason, specific
lot design requirements have been imposed on steeply sloped development
sites. Finally, several intensive land uses have been allowed within
this zone by conditional use. These uses have been targeted for the
rural landscape as a means of protecting the Township's sensitive
environmental features, its prime agricultural soils and its other
more densely populated portions. Numerous protective criteria are
attached to these uses to ensure their compatibility within this and
other zones within the Township. Residential uses are limited, and
any future inhabitants in this zone must be willing to accept the
impacts associated with normal farming practices and related businesses.
B.
Permitted uses.
(1)
Agriculture, intensive agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, subject to the standards listed in § 185-28.
(2)
Single-family detached dwellings and farm dwellings.
(3)
Public parks.
(4)
Public uses.
(7)
Municipal uses and structures.
(14)
Accessory uses customarily incidental to and
located on the same lot as the above Permitted use.
E.
Design Standards. Unless specified elsewhere, the
following table prescribes lot area, width and coverage, as well as
minimum yard requirements, for uses within this zone:
|
Minimum Yard Setbacks
(feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Front
Yard
|
One
Side
|
(Both
sides)
|
Rear
Yard
|
|
Agricultural
|
10 acres
|
200
|
25%
|
50
|
50
|
(100)
|
50
|
|
All other permitted use
|
2 acres
|
250
|
20%
|
50
|
30
|
(60)
|
50
|
|
All permitted uses if more than 50% of site
possesses slopes in excess of 15%
|
3 acres
|
250
|
10%
|
50
|
30
|
(60)
|
50
|
|
Accessory uses and structures1
|
NA
|
NA
|
NA
|
Not permitted in front yard
| |||
|
15 feet high or less
|
6
|
6
| |||||
|
15 feet to 35 feet high
|
15
|
15
| |||||
|
NOTES:
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
1
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
| ||||||||
G.
Driveways and access drives. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities and farm occupations shall be exempt from driveway and access drive requirements.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Vegetation setback requirement. No shrub or tree shall
be planted within 20 feet and 30 feet, respectively, of any adjoining
farm.
J.
Agricultural nuisance disclaimer. All lands within
the Rural Zone are located within an area where land is used for commercial
agricultural production. Owners, residents and other users of this
property may be subjected to inconvenience, discomfort and the possibility
of injury to property and health arising from normal and accepted
agricultural practices and operations including but not limited to
noise, odors, dust, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides and pesticides. Owners, occupants and
users of this property should be prepared to accept such inconveniences,
discomfort and possibility of injury from normal agricultural operations
and are hereby put on official notice that Section 4 of the Pennsylvania
Act 133 of 1982, "The Right to Farm Law,"[1] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951
et seq.
A.
Purpose. This zone is meant to accommodate suburban
residential growth within the Township. No public sewer and/or public
water utilities are foreseeable within this zone; therefore, minimum
lot area requirements have been sized to provide sufficient space
to install on-site utilities. Additionally, the minimum lot size has
been specified to allow the use of an initial on-site sewage disposal
system and an alternative system, should the initial system fail.
Uses permitted within this zone have been limited so to create a pleasant
neighborhood setting.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock subject to the standards listed in § 185-28.
(2)
Single-family detached dwellings and farm dwellings.
(3)
Public parks.
(4)
Public uses.
(5)
Municipal uses and structures.
(9)
Accessory uses customarily incidental to and on the
same lot as the above permitted uses.
D.
Design standards. Unless specified elsewhere, the
following table prescribes lot area, width and coverage, as well as
minimum yard requirements, for uses within this zone:
|
Minimum Yard Setbacks
(feet)
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
(feet)
|
Maximum Lot Coverage
|
Front
Yard
|
One
Side
|
(Both sides)
|
Rear
Yard
|
|
Agricultural
|
10 acres
|
2002
|
NA
|
25%
|
50
|
50
|
(100)
|
50
|
|
Agricultural accessory uses
|
Subject to the same setback requirements
as agricultural buildings above3
| |||||||
|
All other permitted uses
|
1 acre1
|
2002
|
175
|
20%
|
50
|
30
|
(60)
|
50
|
|
Accessory uses
and structures3
|
NA
|
NA
|
NA
|
Not permitted in front yard
(except permitted signs)
| ||||
|
15 feet high or less
|
6 (each side)
|
6
| ||||||
|
15 feet to 35 feet high
|
15 (each side)
|
15
| ||||||
|
NOTES:
| |
|---|---|
|
1
|
The minimum required lot size may be
increased to ensure an acceptable level of nitrate-nitrogen in the
adjoining groundwater. Such determinations will be made by the PADEP
through its sewer module review process.
|
|
2
|
One hundred and fifty feet at the lot
frontage.
|
|
3
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
|
F.
Driveways and access drives. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities and farm occupations shall be exempt from driveway and access drive requirements.
G.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
H.
Vegetation setback requirement. No shrub or tree shall
be planted within 10 feet or 15 feet, respectively, of any adjoining
farm.
A.
Purpose. This zone seeks to accommodate the higher-density
housing needs of the Township in and around its existing villages.
A wide range of housing types is allowed, with densities exceeding
those permitted elsewhere in the Township. These increased densities
are permitted only when the use of public sewer and/or public water
utilities is assured. The location of this zone is logically related
to the Township's Village Commercial Zone, in the hopes of minimizing
automobile usage in favor of pedestrian movements.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(2)
Single-family detached dwellings and farm dwellings.
(3)
Duplexes, if both public sewer and water facilities
are utilized.
(4)
Townhouses, if both public sewer and water facilities
are utilized.
(5)
Multiple-family dwellings, if both public sewer and
water facilities are utilized.
(6)
Public parks.
(7)
Public uses.
(8)
Municipal uses and structures.
(12)
Accessory uses customarily incidental to and
located on the same lot as the above permitted uses.
E.
Design standards for single-family detached dwellings
special exception and conditional uses (unless otherwise noted): See
Table 2-1 below.
|
Table 2-1
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Yard Setbacks
(feet)
| |||||||
|
Utilized Public Utilities
|
Minimum
Lot
Area
(square feet)
|
Minimum
Lot
Width1
(feet)
|
Maximum
Lot
Coverage
|
Front
|
Side
|
(Both
Sides)
|
Rear
|
|
None
|
43,5602
|
150
|
25%
|
50
|
25
|
50
|
50
|
|
Public water
|
32,6702
|
120
|
30%
|
50
|
20
|
40
|
50
|
|
Public sewer
|
20,000
|
100
|
35%
|
50
|
20
|
40
|
40
|
|
Both public sewer and public water
|
10,000
|
80
|
40%
|
35
|
15
|
30
|
35
|
|
Accessory uses and structures
|
NA
|
NA
|
NA
|
Not permitted in front yard
(except permitted signs)
| |||
|
15 feet high
or less
|
6 (each side)
|
6
| |||||
|
15 feet to 35
feet high
|
15 (each side)
|
15
| |||||
|
NOTES:
| |
|---|---|
|
1
|
Minimum lot width shall be measured
at the building setback line; in no case shall a lot's width, as measured
along its frontage, be less than 70% of that required at the building
setback line. Lot widths required at the frontage shall be measured
along a line paralleling the street line, even if it is curvilinear.
|
|
2
|
The minimum required lot size may be
increased to ensure an acceptable level or nitrate-nitrogen in the
adjoining groundwater. Such determinations will be made by the PADEP,
through its sewer module review process.
|
F.
Design standards for other uses with public sewer
and public water utilities: See Table 2-2 below.
|
Table 2-2
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Minimum Yard Setbacks
(feet)
| ||||||||
|
Use
|
Minimum Lot Area
(square feet)
|
Maximum Density
(units per
net acre)
|
Minimum Lot Width1
(feet)
|
Maximum Lot Coverage
|
Front
|
Side
|
(Both sides)
|
Rear
|
|
Duplexes
|
7,260
|
6
|
50
|
40%
|
30
|
25
|
(NA)
|
30
|
|
Townhouses2
|
2,000
|
8
|
20
|
60%
|
30
|
15
|
(End units)
|
30
|
|
Multiple
family3
|
87,120
|
8
|
200
|
60%
|
50
|
30
|
(60)
|
50
|
|
Other uses
|
43,560
|
NA
|
200
|
30%
|
50
|
30
|
(60)
|
50
|
|
Accessory uses and structures
|
NA
|
NA
|
NA
|
Not permitted in front yard
(except permitted signs)
| ||||
|
15 feet high
or less
|
6 (each side)
|
6
| ||||||
|
15 feet to 35
feet high
|
15 (each side)
|
15
| ||||||
|
NOTES:
| ||
|---|---|---|
|
1
|
Minimum lot width shall be measured
at the building setback line; in no case shall a lot's width, as measured
along its frontage, be less than 70% of that required at the building
setback line. Lot widths required at the frontage shall be measured
along a line paralleling the street line, even if it is curvilinear.
| |
|
2
|
No more than 20% of the total number
of townhouse groupings shall contain more than six units and in no
case shall any grouping contain more than eight units. For each townhouse
grouping containing more than four units, no more than 60% of such
units shall have the same front yard setback; the minimum variation
of setback shall be two feet. In addition, no more than two contiguous
units shall have identical roof lines that generally parallel the
ground along the same horizontal plane. All townhouse buildings shall
be set back a minimum of 15 feet from any parking facilities contained
on commonly held lands. All townhouse buildings shall be set back
at least 30 feet from any perimeter boundary of the development site.
In those instances where several townhouse groupings are contained
upon the same lot, the standards listed in the following Footnote
3 shall apply.
| |
|
3
|
In those instances where several multiple-family
dwelling buildings and/or townhouse groupings are located on the same
lot, the following separation distances will be provided between each
building:
| |
|
a.
|
Front to front, rear to rear, or front
to rear, parallel buildings shall have at least 80 feet between faces
of the building. If the front or rear faces are obliquely aligned,
the above distances may be decreased by as much as 10 feet at one
end if increased by similar or greater distance at the other end.
| |
|
b.
|
A minimum yard space of 30 feet is
required between end walls of buildings. If the buildings are at right
angles to each other, the distance between the corners of the end
walls of the building may be reduced to a minimum of 20 feet.
| |
|
c.
|
A minimum yard space of 30 feet is
required between end walls and front or rear faces of buildings.
| |
G.
Design standards for agricultural uses: See Table
2-3 below.
|
Table 2-3
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Minimum Yard Setbacks1
(feet)
| ||||||||
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
|
Maximum Lot Coverage
|
Front
Yard
|
One
Side
|
(Both sides)
|
Rear
Yard
|
|
Agricultural
|
10 acres
|
200
|
NA
|
25%
|
50
|
50
|
(100)
|
50
|
|
Agricultural accessory uses
|
Subject to the same setback requirements
as agricultural buildings above
| |||||||
|
NOTES:
| |
|---|---|
|
1
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
|
I.
Driveways and access drives. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities and farm occupations shall be exempt from driveway and access drive requirements.
J.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
K.
Vegetation setback requirement. No shrub or tree shall
be planted within 10 feet and 15 feet, respectively, of any adjoining
farm.
A.
Purpose. The purpose of this zone is to provide basic
convenience commercial goods and services to local residents who live
in the existing Villages. Uses have been limited to those that residents
are likely to need on a daily or regular basis. Overall, retail size
has been restricted to prevent the establishment of intensive commercial
uses that exceed the local orientation of this zone. These zones have
been sized to permit a grouping of several businesses; lot sizes may
vary depending upon the use of public utilities. Finally, several
larger and more intensive uses have been allowed (by special exception
or conditional use) because of their provision of commercial conveniences
for local residents; however, numerous protective requirements have
been imposed to protect adjoining land uses.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(2)
Offices.
(3)
Banks and similar financial institutions.
(4)
Restaurants (but not including drive-through or fast-food
restaurants, taverns or nightclubs).
(5)
Retail sale and/or rental of goods, provided that
the total sales and/or display area is less than 3,600 square feet.
(6)
Retail services, including barber/beauty salons, music,
dance, art or photographic studios and repair of clocks and small
appliances.
(7)
Medical or dental clinics.
(9)
Public uses.
(10)
Single-family detached, duplexes, townhouses and/or multiple-family dwellings subject to the requirements of the R-2 Village Residential Zone listed in § 185-17.
(14)
Municipal uses and structures.
(18)
Bakeries.
(19)
Mixed use: commercial with accessory residential
use.
(20)
Accessory uses customarily incidental to and
located on the same lot as the above Permitted use.
E.
Lot area, lot width, and lot coverage requirements:
See the following table:
|
Utilized
Public Utilities
|
Minimum
Lot Area
(square feet)
|
Minimum
Lot Width
(feet)
|
Maximum
Lot Coverage
| |
|---|---|---|---|---|
|
None
|
43,560
|
200
|
50%
| |
|
Public water
|
32,670
|
150
|
60%
| |
|
Public sewer
|
20,000
|
125
|
70%
| |
|
Both public sewer
and public water
|
15,000
|
100
|
80%
|
F.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs), and outdoor loading areas shall be set back at least
35 feet from the street right-of-way; off-street parking lots shall
be set back a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures (except
permitted signs) shall be set back at least 25 feet from the side
lot lines. Off-street parking lots and loading areas shall be set
back at least 15 feet from the side lot lines, unless joint parking
facilities are shared by adjoining uses. In such instances, one of
the side yard setbacks can be waived solely for parking and/or loading
facilities.
(3)
Rear yard setback. All buildings, structures, off-street
parking lots and loading areas shall be set back at least 20 feet
from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within
a residential zone shall maintain a twenty-five-foot setback for nonresidential
buildings, structures, off-street parking lots and loading areas from
the residentially zoned parcels. Such areas shall be used for a landscape
strip and screen.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 185-37 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 185-38 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (see § 185-42 of this chapter.)
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (see § 185-42 of this chapter.)
(2)
A minimum fifteen-foot-wide landscape strip shall
be provided along all property lines. Such landscape strip can be
waived for that portion of the site occupied by a joint parking lot
and/or loading area shared by adjoining uses.
N.
Solid waste receptacles. Dumpsters may be permitted
within the side or rear yard, provided that such dumpsters are screened
from any adjoining roads and/or properties. All dumpsters shall be
set back a minimum of 50 feet from any adjoining residentially zoned
properties. All waste receptacles shall be completely enclosed.
O.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
P.
Commercial operations standards. All commercial operations
shall be in compliance with any Commonwealth of Pennsylvania and/or
federal government regulations, as required by the most recent regulations
made available from these governmental bodies.
Q.
Outdoor storage. Within the VC Zone, no outdoor storage
is permitted within any required yard areas.
A.
Purpose. This Zone provides suitable locations for
larger-scale and/or highway-oriented retail, service and entertainment
businesses. The uses typically involve outdoor activities and/or storage
areas like automobile, boat and trailer sales and service establishments.
The uses provided in this zone are meant to serve local residents
as well as those motorists passing through the Township. Access to
these areas is provided by adjoining major roads. Specific setbacks
are imposed upon outdoor storage areas to protect adjoining properties.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(2)
Offices.
(3)
Banks and similar financial institutions.
(4)
Restaurants (but not including drive-through or fast-food
restaurants, taverns and nightclubs).
(5)
Retail sale of goods and services.
(7)
Hotels, motels and similar lodging facilities.
(8)
Automobile, boat, farm machinery and trailer sales
(including service or repair facilities as an accessory use and if
conducted within a wholly enclosed building).
(9)
Theaters and auditoriums.
(10)
Offices, shops and storage facilities for contractors.
(11)
Public uses.
(16)
Municipal uses and structures.
(21)
Automobile parts stores.
(22)
Recycling collection facilities, as an accessory
use, provided that such facilities are sufficiently enclosed to prevent
the scattering of debris, the materials collected are removed at regular
intervals, the facility is posted to prohibit the disposal of any
material, good or furnishing that cannot be placed within the actual
recycling bin, and the total size of the facility is less than 300
square feet.
(23)
Single-family detached dwellings.
(24)
Mixed uses: commercial with accessory residential
use.
(25)
Accessory uses customarily incidental to the
above Permitted use.
C.
Special exception uses (subject to the procedures presented in § 185-113C of this chapter).
D.
E.
Lot area, lot width, and lot coverage requirements:
See the following table:
|
Utilized
Public Utilities
|
Minimum
Lot Area
(square feet)
|
Minimum
Lot Width
(feet)
|
Maximum
Lot Coverage
| |
|---|---|---|---|---|
|
None
|
43,560
|
200
|
50%
| |
|
Public water
|
32,670
|
150
|
60%
| |
|
Public sewer
|
20,000
|
125
|
70%
| |
|
Both public sewer
and public water
|
15,000
|
100
|
80%
|
F.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs), and outdoor loading areas shall be set back at least
35 feet from the street right-of-way; off-street parking lots and
outdoor storage areas shall be set back a minimum of 20 feet from
the street right-of-way.
(2)
Side yard setback. All buildings and structures (except
permitted signs) shall be set back at least 25 feet from the side
lot lines. Off-street parking lots, loading areas, and outdoor storage
areas shall be set back at least 15 feet from the side lot lines,
unless joint parking facilities are shared by adjoining uses. In such
instances, one of the side yard setbacks can be waived solely for
parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street
parking lots, loading areas, and outdoor storage areas shall be set
back at least 20 feet from the rear lot line.
(4)
Buffer area. Any lot adjoining land within a residential
zone shall maintain a fifty-foot setback for nonresidential buildings,
structures, off-street parking lots, loading areas and outdoor storage
areas, from the residentially zoned parcels. Such areas shall be used
for a buffer area and screening.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 185-37 of this chapter.
I.
Off-street parking. Off-street parking shall be provided as specified in § 185-38 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (see § 185-42 of this chapter.)
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (see § 185-42 of this chapter.)
(2)
A minimum fifteen-foot-wide buffer area shall be provided
along all property lines. Such buffer area can be waived for that
portion of the site occupied by a joint parking lot and/or loading
area shared by adjoining uses.
N.
Solid waste receptacles. Dumpsters may be permitted
within the side or rear yard, provided that such dumpsters are screened
from any adjoining roads or properties. All dumpsters shall be set
back a minimum of 50 feet from any adjoining residentially zoned properties.
All waste receptacles shall be completed enclosed.
O.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
P.
Commercial operations standards. All commercial operations
shall be in compliance with any Commonwealth of Pennsylvania and/or
federal government regulations, as required by the most recent regulations
made available from these governmental bodies.
Q.
Outdoor storage. Within the HC Zone, outdoor storage
is permitted, provided that all outdoor storage areas are screened
from adjoining roads and properties, and they comply with all of those
setbacks specifically imposed thereon, listed in this section. The
outdoor storage areas for automobile sales uses need not be screened
from adjoining roads.
A.
Purpose. This Zone provides for a wide range of industrial
activities that contribute to the well-being of the Township by diversifying
its economy and providing valuable employment opportunities. The required
lot sizes have been kept small to accommodate the start-up industries
that are likely to emerge; however, larger and heavier industries
have also been permitted. Essentially, this zone provides for light
industrial uses as permitted by right but requires obtainment of a
conditional use for heavier and potentially more-objectionable types
of industrial uses. These areas have been located near existing public
utility service areas and along major roads. Design standards have
been imposed to create attractive site designs and moderate the objectionable
impacts associated with industrial uses. Substantial setbacks are
used to protect adjoining residences.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(2)
Laboratories for medical, scientific or industrial
research and development.
(3)
Light industrial uses, including but not limited to
manufacturing, packaging, storage and/or wholesaling of, but not limited
to, the following:
(a)
Furniture, cabinets, fixtures, office supplies,
and other household appointments.
(b)
Scientific, specialized and technical instruments
and equipment.
(c)
Audiovisual components, computers, vending machines,
electronic equipment and video games.
(d)
Finished textile products.
(e)
Brushes, brooms, combs.
(f)
Hot tubs, spas, saunas and swimming pools.
(g)
Jewelry and other precious metals.
(h)
Photographic, lighting and timekeeping equipment.
(i)
Small household appliances, excluding major
appliances.
(j)
Musical instruments and sporting equipment.
(k)
Cosmetics, toiletries and pharmaceuticals.
(l)
Optical, dental, and medical supplies and equipment.
(m)
Small or novelty products from prepared materials
(excluding the use of sheet metals).
(6)
Bookbinding, printing, and publishing.
(7)
Machine shops.
(8)
Repair shops for products permitted to be manufactured
in this zone.
(9)
Small engine repair shops.
(10)
Welding shops.
(11)
Sign makers.
(12)
Offices.
(13)
Public buildings.
(14)
Agricultural support businesses, including:
(15)
Schools.
(18)
Accessory uses customarily incidental to and
located on the same lot as the above permitted uses.
(19)
Municipal uses and structures.
(22)
Retail sales of products or equipment produced
or stored on site as an accessory use to the permitted principal use(s),
but not to exceed 10% of the total gross floor area of the principal
use(s).
C.
Conditional uses (subject to the procedures presented in § 185-122 of this chapter).
(1)
Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations (see § 185-77).
D.
Design standards for agricultural uses: -- See Table
2-4 below.
|
Table 2-4
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Minimum Yard Setbacks1
(feet)
| ||||||||
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
|
Maximum Lot Coverage
|
Front
Yard
|
One
Side
|
(Both sides)
|
Rear
Yard
|
|
Agricultural
|
10 acres
|
200
|
NA
|
25%
|
50
|
50
|
(100)
|
50
|
|
Agricultural accessory uses
|
Subject to the same setback requirements
as agricultural buildings above
| |||||||
|
NOTES:
| |
|---|---|
|
1
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
|
E.
Lot area requirements. -- Unless otherwise specified,
each use within this zone shall have a minimum lot size of 43,560
square feet.
F.
Minimum lot width: 200 feet.
G.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs), off-street loading areas, dumpsters, and outdoor
storage areas shall be set back at least 50 feet from the adjoining
right-of-way. All parking lots shall be set back at least 20 feet
from any adjoining right-of-way.
(2)
Side yard setbacks. All buildings, structures (except
permitted signs), dumpsters, and off-street loading areas shall be
set back at least 30 feet from any side property lines. All outdoor
storage areas and off-street parking lots shall be set back at least
20 feet from any side lot lines unless joint parking lots and/or loading
areas are shared by adjoining uses. In such instances, one of the
side yard setbacks can be waived solely for parking and/or loading
facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters
and off-street loading areas shall be set back at least 35 feet from
any rear property lines. All outdoor storage areas and off-street
parking lots shall be set back at least 25 feet from any rear lot
lines.
(4)
Buffer area. Any use adjoining land within a residential zone or across a road from land within a Residential Zone shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All fences contained on an industrial property shall be set back a minimum of 10 feet from any adjoining residentially zoned land. All of these setback areas shall be devoted to landscaping (see § 185-42).
(5)
Accessory recreation uses. These facilities can be
developed in any side or rear yard to within 50 feet of any property
line.
H.
Maximum permitted structural height. The height of
any principal or accessory structure shall not exceed 40 feet, except
that chimneys, flagpoles, water tanks, and other mechanical appurtenances
may be built to a height not exceeding 75 feet above the finished
grade when erected upon or as an integral part of a building. All
structures (except permitted signs) shall be set back a distance at
least equal to their height from all property lines.
I.
Off-street loading. Off-street loading shall be provided as specified in § 185-37 of this chapter.
J.
Off-street parking. Off-street parking shall be provided as specified in § 185-38 of this chapter.
L.
Driveway and access drive requirements. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities and farm occupations shall be exempt from driveway and access drive requirements.
M.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (see § 185-42 of this chapter.)
N.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (see § 185-42 of this chapter.) A minimum twenty-foot-wide buffer area shall be provided along all property lines. Such buffer area can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
O.
Solid waste receptacles. Dumpsters may be permitted
within the side or rear yard, provided that such dumpsters are screened
from any adjoining roads or properties. All dumpsters shall be set
back a minimum of 75 feet from any adjoining residentially zoned properties.
All waste receptacles shall be completed enclosed.
P.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
Q.
Industrial operations standards. All industrial operations
shall be in compliance with any Commonwealth of Pennsylvania and/or
federal government regulations, as required by the most recent regulations
made available from these governmental bodies.
R.
Outdoor storage. Within the I Zone, outdoor storage
is permitted, provided that all outdoor storage areas are screened
from adjoining roads and properties and they comply with all of those
setbacks specifically imposed thereon, listed in this section.
A.
Purpose. This zone provides an area in which a variety
of limited industrial uses and some commercial uses may be located.
Essentially, this zone provides for limited industrial uses as permitted
by right, along with limited commercial uses and accessory retail
sale of uses produced or stored on the same lot. New residential uses
of land are to be excluded in this zone. Limited industrial areas
have been located near existing public utility service areas and along
major roads. Design standards have been imposed to create attractive
site designs and moderate the objectionable impacts associated with
industrial uses. Substantial setbacks are used to protect adjoining
residences.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(2)
Offices.
(3)
Wholesale trade establishments, warehousing and similar
storage buildings, provided that there is no outside storage of any
materials concerning any of the foregoing uses. Mini storage facilities
shall not be permitted in this zone.
(4)
Manufacturing, packaging, storage and/or wholesaling
of the following:
(5)
Contractor or general service shops.
(6)
Retail sale of goods produced or stored as permitted
use, provided that the goods are sold on the same property on which
they are produced, and provided that not more than 25% of the gross
floor area of the building(s) is devoted to such retail use.
(8)
Accessory uses customarily incidental to and located
on the same lot as the above permitted uses.
(9)
Municipal uses and structures.
C.
Special exception uses (subject to the procedures presented in § 185-113C of this chapter). Any use of the same general character as any of the permitted uses as set forth in Subsection B above shall be permitted by special exception, provided that:
(1)
The Zoning Hearing Board shall not grant any application
for a special exception unless the Zoning Hearing Board specifically
finds that the proposed use will not adversely affect the public interest
and the neighborhood.
D.
Design standards for agricultural uses: See Table
2-5 below:
|
Table 2-5
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Minimum Yard Setbacks1
(feet)
| ||||||||
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
|
Maximum Lot Coverage
|
Front
Yard
|
One
Side
|
(Both sides)
|
Rear
Yard
|
|
Agricultural
|
10 acres
|
200
|
NA
|
25%
|
50
|
50
|
(100)
|
50
|
|
Agricultural accessory uses
|
Subject to the same setback requirements
as agricultural buildings above
| |||||||
|
NOTES:
| |
|---|---|
|
1
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
|
E.
Lot area requirements. Unless otherwise specified,
each use within this zone shall have a minimum lot size of 43,560
square feet.
F.
Minimum lot width: 200 feet.
G.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs), off-street loading areas, dumpsters, and outdoor
storage areas shall be set back at least 50 feet from the adjoining
right-of-way. All parking lots shall be set back at least 20 feet
from any adjoining right-of-way.
(2)
Side yard setbacks. All buildings, structures (except
permitted signs), dumpsters, and off-street loading areas shall be
set back at least 30 feet from any side property lines. All outdoor
storage areas and off-street parking lots shall be set back at least
20 feet from any side lot lines unless joint parking lots and/or loading
areas are shared by adjoining uses. In such instances, one of the
side yard setbacks can be waived solely for parking and/or loading
facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters
and off-street loading areas shall be set back at least 35 feet from
any rear property lines. All outdoor storage areas and off-street
parking lots shall be set back at least 25 feet from any rear lot
lines.
(4)
Buffer area. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All fences contained on an industrial property shall be set back a minimum of 10 feet from any adjoining residentially zoned land. All of these setback areas shall be devoted to landscaping (see § 185-42).
(5)
Accessory recreation uses. These facilities can be
developed in any side or rear yard to within 50 feet of any property
line.
H.
Maximum permitted structural height. The height of
any principal or accessory structure shall not exceed 40 feet, except
that chimneys, flagpoles, water tanks, and other mechanical appurtenances
may be built to a height not exceeding 75 feet above the finished
grade when erected upon or as an integral part of a building. All
structures (except permitted signs) shall be set back a distance at
least equal to their height from all property lines.
I.
Off-street loading. Off-street loading shall be provided as specified in § 185-37 of this chapter.
J.
Off-street parking. Off-street parking shall be provided as specified in § 185-38 of this chapter.
K.
Signs. Except as provided for below, any signs in the LI Zone shall be permitted as specified in § 185-39 of this chapter.
(1)
Limitation on signs. Only those signs relating to
the principal uses conducted on the premises, or to the principal
materials or products made, sold or displayed on the premises, shall
be permitted.
L.
Driveway and access drive requirements. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities and farm occupations shall be exempt from driveway and access drive requirements.
M.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 185-42 of this chapter.)
N.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (see § 185-42 of this chapter).
(2)
A minimum twenty-foot-wide buffer area shall be provided
along all property lines. Such buffer area can be waived for that
portion of the site occupied by a joint parking lot and/or loading
area shared by adjoining uses.
O.
Solid waste receptacles. Dumpsters may be permitted
within the side or rear yard, provided that such dumpsters are screened
from any adjoining roads or properties. All dumpsters shall be set
back a minimum of 75 feet from any adjoining residentially zoned properties.
All waste receptacles shall be completed enclosed.
P.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
Q.
Industrial operations standards. All industrial operations
shall be in compliance with any Commonwealth of Pennsylvania and/or
federal government regulations, as required by the most recent regulations
made available from these governmental bodies.
A.
Purpose. The primary purpose of the Business Campus
District is to provide an alternative zoning district that will provide
for the orderly and integrated development of mixed professional,
industrial and commercial uses. The zone is intended to apply to large
parent tracts or blocks of land where the purpose and intended design
elements of the zone can be effectively and equitably applied. To
this end, prior to any subdivision and/or land development within
this zone, applicants shall be required to prepare and submit an overall
sketch plan/master plan of the entire project site. This approach
shall ensure comprehensive and coordinated development, rather than
random development.
B.
Permitted uses.
(1)
Agriculture and agricultural production, except intensive agriculture, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(2)
Municipal uses and structures.
(3)
Accessory uses customarily incidental to and located
on the same lot as the above-permitted uses.
D.
Design standards for agricultural uses: See table
below:
|
Minimum Yard Setbacks1
(feet)
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
|
Maximum Lot Coverage
|
Front Yard
|
One
Side
|
(Both sides)
|
Rear Yard
|
|
Agricultural
|
100 acres
|
200
|
NA
|
25%
|
50
|
50
|
(100)
|
50
|
|
Agricultural accessory uses
|
Subject to the same setback requirements
as agricultural buildings above
| |||||||
|
NOTES:
| |
|---|---|
|
1
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
|
E.
Criteria required in sketch plan/master plan; uses.
(1)
Business Campus criteria. Development within the Business
Campus District shall require the submission of a detailed sketch
plan/master plan of the entire business campus site for review by
the Township Zoning Officer, Planning Commission and Zoning Hearing
Board. In case of a preliminary plan calling for the installation
of improvements beyond a five-year period, a schedule delineating
all proposed sections, as well as deadlines within which applications
for final plan approval of each section are intended to be filed,
shall be provided. The sketch plan/master plan shall be prepared to
the requirements for sketch plans as provided in the governing subdivision
and land development ordinance and shall address the following issues:
(a)
The minimum area of a business campus site shall
be 50 acres.
(b)
The business campus shall be served by centralized water and sewer facilities. However, the Zoning Hearing Board may, by special exception approval, permit a modification of the requirement to provide centralized water and sewer facilities to service a portion of the site, subject to the requirements of Subsection E(1)(b)[3], with on-lot water and sanitary sewage facilities. An applicant desiring to obtain such special exception approval shall, when making application for special exception approval for a business campus, shall also make application for special exception approval using the on-lot design option under this Subsection E(1)(b). The Zoning Hearing Board shall consider both approval requests simultaneously. Any special exception to permit a modification of this design standard shall be subject to the following standards:
[1]
Such modifications of the design standard shall
better serve the intended purposes and goals of the business campus
design.
[2]
Such modifications of the design standard would
not result in adverse impact to adjoining properties nor future inhabitants
within the Business Campus Zone.
[3]
Use of on-lot water and sanitary sewage facilities
shall be limited to an area that is equal to or less than 25% of the
net area of the business campus site.
[4]
A formal recorded agreement between the Township
and the applicant shall require the installation of centralized water
and sewer facilities by the applicant when an area greater than 25%
of the net area of the business campus site is proposed for development.
(c)
The applicant shall provide a detailed transportation
plan to demonstrate that access to the business campus will be adequate
under Township and state standards. The plan will specifically show
access points to the external street system and an internal street
layout. The access to external streets shall be separated, as measured
from center line to center line of the access points, by a minimum
distance of 800 feet. Such application and approval of the sketch
plan/master plan will not release the applicant from its obligation
to meet all standards of the governing Subdivision and Land Development
Ordinance when actual improvements are proposed, nor will it relieve
the applicant of its responsibility to meet all applicable local,
state and federal regulations.
(d)
The business campus shall be developed as a
single, integrated unit having shared access points (individual lot
access points to existing perimeter streets will not be permitted),
an internal street system and interconnected off-street parking facilities.
Stormwater management facilities shall comply with all applicable
ordinances and studies.
(e)
The business campus will contain a mixture of commercial and industrial uses, as identified in Subsection E(2) of this section, which will not exceed a maximum of twenty-percent commercial uses and eighty-percent industrial uses as measured by the gross floor area of the buildings within the business campus. Commercial buildings may not exceed 20,000 square feet. The area set aside as commercial use shall be designed to be internal to the business campus; the use shall serve the local community and function as an integrated component of the business campus site.
(f)
The sketch/master plan shall provide conceptual
lot locations and proposed structures or buildings, shared driveway
access points, proposed densities, and the location of distribution
systems for water and sewer.
(g)
The business campus shall contain nonmotorized
transportation facilities, including but not limited to sidewalks,
walking paths, bicycle paths, and greenway linkages. The nonmotorized
transportation facilities shall provide linkages to all proposed lots
and buildings within the Business Campus District. The applicant shall
identify the functions of each non-motorized pathway and design such
pathway to adequately perform its designated function.
(h)
The applicant shall provide an overall landscaping plan for the business campus which shall incorporate and preserve existing natural features and preserves and promotes native species. A natural vegetative buffer screening, a minimum of 30 feet in width and compliant with § 185-42 of this chapter, shall also be submitted with the landscaping plan for all portions of the business campus which abut existing residential dwellings or residentially zoned land. Additional standards include:
[1]
Landscaped planting strips shall be provided
adjacent to all existing public streets and shall have a minimum width
of 50 feet. The planting strip shall be planted with a combination
of street trees, shrubbery, and ground cover. Street trees shall be
provided at a maximum spacing of 50 feet and shall be evenly distributed
along the entire length of the planting strip. A minimum of 10% of
the planting strip shall be landscaped with shrubbery, which shall
be evenly distributed along the entire length of the planting strip.
[2]
Landscaped planting strips shall be provided
adjacent to all proposed public and private streets. The planting
strip shall have a minimum width of 20 feet and shall be planted with
street trees with minimum spacing of 50 feet. A minimum of 10% of
the planting strip shall be landscaped with shrubbery, which shall
be evenly distributed along the entire length of the planting strip.
(i)
The applicant shall submit a narrative summary
detailing how the applicant proposes to provide for an integrated
development. If the land within the business campus is owned by more
than one landowner, the applicant shall explain the method by which
it will insure a single, integrated development and provide legally
binding assurances, in a recordable form acceptable to the Township,
that it is able to create that single, integrated development.
(j)
The business campus shall comply with all applicable
stormwater ordinances and studies.
(k)
The Zoning Hearing Board, in approving zoning
use applications, shall make compliance with the site plan and any
revisions thereto required by the Zoning Hearing Board a part of the
approval. The applicant shall develop the business campus in the manner
set forth on the site plan and any required revisions thereto unless
a change to the site plan is authorized in accordance to meet the
provisions of the governing Subdivision/Land Development Ordinance.
Future development shall not be exempt from additional requirements
as outlined in this chapter.
(2)
Business Campus uses.
(a)
Commercial uses.
[2]
Agricultural support businesses.
[3]
Agriculture and agriculture production.
[4]
Automobile sales, parts, service and repair.
[5]
Bakeries.
[6]
Banks and similar financial institutions.
[7]
Boat, farm machinery and trailer sales.
[8]
Building supply store.
[10]
Contractor or general service
shops.
[11]
Dry cleaners and laundries.
[13]
Greenhouses, nurseries and gardening
centers.
[14]
Health and recreational facilities.
[15]
Heavy equipment sales, service
and repair.
[16]
Hotels, motels and similar lodging
facilities.
[17]
Medical or dental clinics.
[18]
Personal service shops, including
barber/beauty salons, music and dance studios.
[19]
Professional offices.
[20]
Restaurants.
[21]
Retail sale and/or rental of goods.
[22]
Theaters and auditoriums.
(b)
Industrial uses.
[1]
Heavy industrial uses involving processing,
packaging, production, repair or testing of materials, goods and products,
all conducted within a fully enclosed building.
[2]
Laboratories for medical, scientific or industrial
research and development.
[3]
Light industrial uses.
[4]
Machine shops.
[5]
Mini warehouses.
[6]
Municipal uses and structures.
[7]
Public uses.
[8]
Warehousing and wholesale trade establishments
less than 50,000 square feet.
G.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard. Front yard setback distances are determined
by the classification of road or highway on which the property fronts
as follows:
(a)
Existing perimeter street.
[1]
All buildings, structures, dumpsters, parking
and outdoor storage areas shall be set back at least 50 feet from
the street right-of-way line. Off-street loading areas shall be set
back at least 90 feet from existing perimeter street right-of-way
line.
[2]
The Zoning Hearing Board may, by special exception approval, permit a modification of this perimeter street setback requirement to reduce the setback to a minimum of 30 feet from the street right-of-way line. An applicant desiring to obtain such special exception approval shall, when making application for special exception approval for a business campus, also make application for special exception approval under this § 185-22G(1). The Zoning Hearing Board shall consider both approval requests simultaneously. Any special exception to permit a modification of this design standard shall be subject to the following standards:
[a]
Such modifications of the design
standard shall better serve the intended purposes and goals of the
business campus design.
[b]
Such modifications of the design
standard would not result in adverse impact to adjoining properties
nor future inhabitants within the Business Campus Zone.
[c]
The applicant shall provide architectural
renderings of the proposed buildings. The renderings shall include
design elements that create the appearance that the buildings will
"face" or "front" the existing perimeter street.
[d]
Parking and loading areas, dumpsters
and outdoor display and storage areas shall not be located within
any portion of the reduced setback area.
(b)
Internal collector and local streets. All buildings
and structures shall be set back at least 30 feet from the street
right-of-way line. Parking and loading areas shall be set back at
least 20 feet from the street right-of-way line.
(2)
Side yard. All buildings and structures shall be set
back at least 30 feet from each side property line.
(a)
Parking and loading areas, dumpsters and outdoor
display and storage areas shall be set back at least 15 feet from
the side lot lines unless joint parking lots and/or loading areas
are shared by adjoining uses. In such instances, one of the side yard
setbacks can be waived solely for parking and/or loading facilities.
(4)
No building or structure, other than required parking
areas or stormwater management facilities, may be located closer than
200 feet to an existing residential building or residential zone unless
the owner(s) of the adjoining property(ies) waives this requirement
in writing to the Board of Supervisors.
(5)
Multiple buildings located on one lot shall have a
minimum building separation distance of 30 feet.
H.
Building height regulations. The maximum building
height shall be three stories or 40 feet.
I.
Off-street parking. Off-Street parking shall comply with the provisions of § 185-38 of this chapter. In addition, any off-street parking facilities containing 20 or more spaces shall be required to devote 5% of the interior area of the lot to landscaping. Landscape islands shall be used to break up rows of parking spaces at every 10 parking spaces. All landscaped islands shall be protected with concrete curb. Landscape areas situated outside the parking lot such as perimeter landscaping shall not constitute interior landscaping. At least one shade tree is to be provided for every 300 square feet of parking area.
J.
Off-street loading. Off-street loading facilities in this district shall be permitted to face internal streets; however, if facing existing perimeter streets, loading areas must be set back 90 feet from the street right-of-way and must be completely landscaped/screened from the existing perimeter street. All other loading shall comply with the provisions of § 185-37 of this chapter.
L.
Open/outdoor storage. Outdoor storage and display,
when accessory to a permitted or special exception use shall be regulated
as follows:
(1)
Display areas.
(a)
Display areas shall not occupy any part of any
street right-of-way, any areas intended or designed for pedestrian
use, required off-street parking areas, or required front yard.
(b)
Areas used as outdoor display shall be considered
as floor area as if the display area is contained within a building.
The area shall be calculated using the perimeter of the entire display
area.
(2)
Outdoor storage of materials and equipment is prohibited
unless located within the side or rear yard, enclosed within a fenced
area and screened in accordance with this chapter.
(a)
For the purposes of this section, outdoor storage
shall:
[1]
Be an accessory use to the principal use of
the property; and
[2]
Include accessory materials and equipment, including,
but not limited to, shipping pallets or skids, disabled vehicles or
equipment, waste or recyclable products produced as a by-product of
a manufacturing, assembly or processing operation and other similar
materials which are utilized from time to time on the property; and
[3]
Exclude principal materials and components of
products delivered to the property and used as a part of a manufacturing,
assembly or processing operation on the property; and
[4]
Exclude principal materials, components of products,
or finished products manufactured, assembled, or processed on the
property and intended to be shipped from the property.
(b)
Materials and equipment stored shall be no more
than 12 feet in height above the finished grade of the storage area.
(c)
Materials and equipment over six feet in height above the finished grade of the storage area shall be screened by landscaping in accordance with § 185-42 of this chapter.
(d)
The maximum area for outdoor storage shall be
1,000 square feet.
(e)
Storage areas shall not occupy any part of any
street right-of-way, any areas intended or designed for pedestrian
use or required off-street parking areas.
(f)
All organic rubbish or storage shall be in airtight,
verminproof containers.
M.
Performance standards.
(1)
The following standards shall be followed within the
Business Campus District:
(a)
Noise pollution and vibration: "Rules and Regulations"
of the Pennsylvania Department of Environmental Protection.
(b)
Air pollution, airborne emissions and odor:
"Rules and Regulations" of the Pennsylvania Department of Environmental
Protection.
(c)
Water pollution: the Clean Streams Law, June
22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended.
(d)
Glare and heat: "Rules and Regulations" of the
Pennsylvania Department of Environmental Protection.
(e)
Handicap access: the latest version of the American
Disabilities Act.
(2)
Perimeter streetscapes should be oriented to the pedestrian.
It should be safe, functional and attractive. Abundant landscaping
shall complement the streetscape and preserve the character of the
neighborhood.
N.
Traffic impact. A traffic impact study, prepared in
accordance with the requirements of the applicable Subdivision/Land
Development Ordinance, shall be provided.
O.
Additional standards. Notwithstanding any of the provisions
in this section of the chapter, all other general provisions of this
chapter, where not specifically superseded by this section, will continue
to be in effect for the Business Campus District.
A.
Purpose. This zone seeks to protect environmentally
sensitive areas of the Township that also have significant value for
passive and active recreational pursuits. Specifically, forested areas,
steep slopes, stream and creek valleys, lakes and floodplains are
included. Permitted uses within this zone encourage the most appropriate
conservation/recreation activities for these areas; however, some
forms of development are allowed under prescribed criteria.
B.
Permitted uses.
(1)
Public parks.
(2)
Public activities related to the preservation and
conservation of natural and/or historical resources.
(3)
Agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-28.
(4)
Public uses.
(5)
Single-family detached dwellings.
(10)
Municipal uses and structures.
(12)
Accessory uses customarily incidental to and
located on the same lot as the above-permitted uses.
C.
D.
Design standards. Unless specified elsewhere, the
following table prescribes lot area, width and coverage, as well as
minimum yard requirements, for uses within this zone:
|
Minimum Yard Setbacks
(feet)
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
(feet)
|
Maximum Lot Coverage
|
Front Yard
|
One Side
|
(Both sides)
|
Rear Yard
|
|
Agricultural
|
10 acres
|
200
|
NA
|
25%
|
50
|
50
|
(100)
|
50
|
|
Agricultural accessory uses
|
Subject to the same setback requirements
as agricultural buildings above2
| |||||||
|
All other permitted uses
|
10 acres
|
3501
|
350
|
4%
|
50
|
50
|
(100)
|
50
|
|
Accessory uses and structures2
|
NA
|
NA
|
NA
|
Not permitted in front yard
(except permitted signs)
| ||||
|
15 feet high or less
|
6 (each side)
|
6
| ||||||
|
15 feet to 35 feet high
|
15 (each side)
|
15
| ||||||
|
NOTES:
| |
|---|---|
|
1
|
Two hundred fifty feet at the lot frontage.
|
|
2
|
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
|
E.
Maximum permitted height: 35 feet.
G.
Driveway and access drive requirements. All driveways serving single-family dwellings and farm dwellings shall be in accordance with § 185-30 of this chapter. All access drives serving other uses shall be in accordance with § 185-26 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry related activities and farm occupations shall be exempt from driveway and access drive requirements.
[Amended 5-9-2005 by Ord.
No. 2005-2; 3-21-2016 by Ord. No. 2016-1]
A.
Purpose and authorization.
(1)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Township.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the Township and its residents
by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978, delegated
the responsibility to local governmental units to adopt floodplain
management regulations to promote public health, safety, and the general
welfare of its citizenry. The Board of Supervisors has enacted this
section in accordance with the Flood Plain Management Act, the Second
Class Township Code, and the MPC.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.,
53 P.S. § 65101 et seq., and 53 P.S. § 10101 et
seq., respectively.
B.
Floodplain Zone (F) applicability and administration.
(1)
The regulations of the Floodplain Zone (F) shall apply throughout
the entire Township as overlay zoning regulations that supplement
the zoning district regulations. Where the regulations of this section
differ from the regulations of any other section of this chapter,
the provision that is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in
this section shall not be interpreted to allow any structure or construction
that is not expressly authorized by this section. If the Zoning Hearing
Board grants a variance to allow a structure or construction not authorized
by this section, such structure or construction shall comply with
all construction and floodproofing standards in this section unless
the Zoning Hearing Board also grants a variance from a specific construction
or floodproofing standard.
(2)
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas, will be free from flooding or flood damages.
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
(3)
This section supersedes any other conflicting provisions which may
be in effect in identified floodplain areas. However, any other ordinance
provisions shall remain in full force and effect to the extent that
those provisions are more restrictive. If there is any conflict between
any of the provisions of this chapter and provisions of other ordinances,
the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce
this section and for all purposes shall be considered and may sometimes
be referred to as the Floodplain Administrator. The Floodplain Administrator
may fulfill the duties and responsibilities set forth in these regulations,
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees, or enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the Township of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22. In addition to the powers and duties
generally set forth in this chapter, when serving as Floodplain Administrator
the Zoning Officer shall have the following powers and duties:
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[2] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
In the case of existing structures, prior to the issuance of any permit
the Floodplain Administrator shall also review the history of repairs
to the subject building so that any repetitive loss concerns can be
addressed before the permit is issued.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.,
32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et
seq., respectively.
(c)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Township ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(e)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning Township participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated, but the ultimate
responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements
of the UCC.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed,
enlarged or structurally altered or land used except in full compliance
with these floodplain regulations and other provisions of applicable
Township ordinances. A Township zoning permit is required for any
development within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the one-hundred-year
floodplain, including development, redirecting drainage ways, changes
in grade or filling in, shall only occur after a determination by
the Zoning Officer that all Township ordinances have been complied
with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration
or relocation of a waterway shall be given prior notice of such proposal,
with copies of such notice provided to the DCED and FEMA.
D.
Permits for uses, structures and grading within the identified floodplain
area. Applications for such a permit shall be made, in writing, to
the Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed
construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed
construction, as well as any existing buildings or structures, and
also showing the one-hundred-year flood line.
(g)
A brief description of proposed work and estimate cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, permit applicants
shall provide all the necessary information in sufficient detail and
clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Zoning Officer
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn in at a
scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, driveways and other access
ways.
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a BFE.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified floodplain area, when combined with all other
existing and anticipated development, will not cause any increase
in the BFE.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the BFE. Such statement shall
include a description of the type and extent of floodproofing measures
which have been incorporated into the design of the structure and/or
the development.
(e)
Detailed information needed to determine compliance within § 185-24Q(6), Storage, and § 185-24R, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 185-24Q(6) and § 185-24R which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the PA DEP "Planning Module for
Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting
PA DEP requirements to implement and maintain erosion and sedimentation
control.
E.
Review of permit applications by Conservation District. A copy of
all applications and plans for any proposed construction or development
in any identified floodplain area to be considered for approval shall
be submitted by the Zoning Officer to the Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Zoning Officer
for possible incorporation into the proposed plan.
F.
Review of permit applications by others. A copy of all plans and
applications for any proposed construction or development in any identified
floodplain area to be considered for approval may be submitted by
the Zoning Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Township Engineer, etc.) for review and
comment.
G.
Changes to permits. After the issuance of a permit by the Zoning
Officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Zoning Officer. Requests for any such change shall be in writing,
and shall be submitted by the applicant to the Zoning Officer for
consideration.
H.
Placards. In addition to the permit, the Zoning Officer shall issue
a placard which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of
the permit and the date of its issuance, and shall be signed by the
Zoning Officer.
I.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a time extension is granted, in writing, by the
Zoning Officer. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under the
proposed subsurface footings, or the installation of sewer, gas, and
water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Zoning Officer to approve such a request.
J.
Identification of Floodplain Zone (F). The Floodplain Zone (F) includes:
(1)
All those areas of Elizabeth Township, Lancaster County, Pennsylvania,
classified as special flood hazard areas in the Flood Insurance Study
(FIS) and the accompanying FIRM dated April 5, 2016, and issued by
FEMA, or the most recent version thereof, including all digital data
developed as part of the FIS and FIRM. The above referenced FIS and
FIRM, and any subsequent revisions and amendments are hereby adopted
by Elizabeth Township and declared to be a part of this section and
the Floodplain Zone (F).
(2)
The area adjoining any water or drainage course or body of water
subject to periodic flooding or overflow and/or delineated as soils
that are or may include alluvial soils by the U.S. Department of Agriculture,
Soil Conservation Service, Soil Survey of Lancaster County, Pennsylvania,
May 1985. Studies used to establish the Floodplain Zone (F) boundaries
shall be available for reference in the Township office.
K.
Description and special requirements of identified floodplain areas
of the Floodplain Zone (F).
(1)
Floodway Area.
(a)
Description: the area identified as floodway in the FIS and
FIRM which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(2)
Special flood hazard area.
(a)
Description: The areas identified as Zones AE and A1-30 in the
FIS and FIRM which are subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the PA DEP Regional Office.
[2]
In special flood hazard areas without a designated floodway,
no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
(c)
Permitted uses. The following uses are permitted only if done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended; the rules and regulations of the PA DEP; § 185-24K(2)(c) and K(2)(d); and all other applicable provisions of this chapter:
[1]
Agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 185-14, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
[2]
Erosion and sedimentation control measures, facilities, and
structures, provided that no increase in flood heights or frequency,
unhealthful ponding, or other unsanitary conditions shall occur.
[3]
Public and private recreational uses such as parks, play areas,
picnic groves, lawns, gardens, golf courses, driving ranges, archery
ranges, game farms, paved bicycle paths, and hiking and horseback
trails, all excluding any structures, and excluding any grading or
filling which would cause any increase in flood heights or frequency.
[4]
Open space and front, side, or rear yards required by other sections of this chapter. Floodplain land may be used to meet minimum open space, yard, and lot area requirements, provided that the purpose and intent of this section, as set forth in § 185-24A, together with the requirements of any other pertinent Township regulations, are complied with; if such compliance cannot be shown, the land areas within the Floodplain Zone (F) shall not be used or calculated for purposes of meeting lot, open space, area, or yard requirements.
[5]
Stream improvements whose sole purpose is to improve aquatic life habitat and which are approved by the Pennsylvania Fish Commission and reviewed by the Conservation District, and subject to the provisions of § 185-24D.
[6]
One- or two-strand fences.
[7]
Picnic tables, park benches, fireplaces and grills, and playground
equipment, all if anchored to prevent flotation.
[8]
Farm ponds that are constructed in accordance with a conservation plan reviewed by the Conservation District and which do not create any increase in flood heights or frequency, and subject to the provisions of § 185-24D.
[9]
Floodproofing and flood hazard reduction structures to protect
only lawfully existing and registered nonconforming structures and
lawfully existing and registered nonconforming uses within structures.
(d)
Special exception uses. The following uses are permitted in the Floodplain Zone (F) only when special exceptions are granted by the Zoning Hearing Board as provided for herein and in Article VI, when permitted by the underlying zone as permitted uses or special exception uses, and when done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended; the rules and regulations of the PA DEP; and all other provisions of this chapter:
[1]
Parking lots, loading areas, driveways, and aircraft landing strips and taxiways, if they are water-permeably surfaced, and if they are consistent with the provisions of § 185-24K(2)(e)[18] of this article, except that parking lots designed or used for storage and parking lots for hotels, motels, and other transient lodgings are prohibited.
[2]
Public utility facilities not under the exclusive jurisdiction
of the Pennsylvania Public Utility Commission, subject to the following
conditions:
[a]
Facilities such as pipelines, gaslines, storm sewers,
sanitary sewers, waterlines, outlet installations for sewage treatment
plants, sealed public and private water supply wells, pumping stations,
and underground communication facilities, shall, together with associated
structures, but excepting necessary vents, be designed and installed
underground so as to be at or below the existing natural surface grade
within the floodplain and in such a manner as will prevent flotation,
minimize or eliminate flood damage, and not alter the cross-sectional
area of the floodplain. All new or replacement water supply facilities
and/or sanitary sewage facilities shall be designed to minimize or
eliminate infiltration of floodwaters into the facilities and discharges
from the facilities into floodwaters. All gaslines shall have a system
of shutoff valves for service to the Floodplain Zone (F) to allow
positive control during flood emergencies.
[b]
Electrical distribution lines and supporting structures
shall be installed so as to minimize or eliminate flood damage, and
all lines of less than 15 kilovolts shall be installed underground,
below the existing natural surface grade within the floodplain. Electrical
distribution and transmission lines of 15 kilovolts or more may be
allowed above the ground as a special exception, provided that they
are certified by a licensed professional engineer registered by the
Commonwealth of Pennsylvania as meeting all of the following standards:
[i]
Aboveground lines and supporting structures shall
enter the Floodplain Zone (F) only to cross a watercourse, shall cross
the watercourse and the Floodplain Zone (F) using the most direct
and shortest route possible consistent with the goals, objectives,
purposes, and intents of this Zoning chapter, shall make the minimum
number of crossings necessary, and shall be designed and installed
so as to minimize or eliminate flood damage.
[ii]
Aboveground lines shall be elevated so that their
lowest portions are a minimum of 10 feet above the maximum flood elevation.
[iii]
Supporting structures for aboveground lines within
the Floodplain Zone (F) shall be the minimum number necessary to carry
the lines across the Floodplain Zone (F). Supporting structures shall
be designed and installed so as to be able to withstand the maximum
volume, velocity, and force of floodwaters which can be expected at
the point where they are located.
[iv]
Facilities and services in the Floodplain Zone
(F) shall be designed so that flood damage within the Zone does not
disrupt service outside the Zone.
[3]
Fish hatcheries, including uncovered ponds and raceways, which
are approved by the Pennsylvania Fish Commission, but excluding other
structures.
[4]
Culverts, bridges, and approaches to private culverts and bridges
that meet all the following conditions:
[a]
Review and/or approval by the Lancaster County
Planning Commission, if required.
[b]
Approval by the Susquehanna River Basin Commission,
if required.
[c]
Approval by the PA DEP, if required.
[d]
Approval by the United States Army Corps of Engineers,
if required.
[e]
Approval by PennDOT, if required.
[f]
If approval by PennDOT is not required, the proposed
use must still meet all of the appropriate minimum design standards
of PennDOT.
[g]
The proposed structure must be designed in such
a way as to have the capacity to allow the unrestricted passage of
waters of maximum flood elevation below and through it without any
upstream or downstream increase in water surface elevation.
(e)
Prohibited uses. The following uses are prohibited in the Floodplain
Zone (F):
[1]
All uses prohibited either expressly or implicitly in the underlying
zoning district for the land in question.
[2]
All structures, with the exception of those specifically allowed in § 185-24K(2)(c) and K(2)(d).
[3]
Sanitary landfills, dumps, junkyards and salvage yards, and
outdoor storage of vehicles and/or materials.
[4]
Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading necessary to accomplish and carry out those uses permitted in § 185-24K(2)(c) and K(2)(d); provided, however, that no grading is permitted which would cause any increase in flood heights or frequency.
[5]
Removal of topsoil, excluding sod production and nursery activities as allowed in § 185-24K(2)(c) and K(2)(d), and excluding such grading necessary to accomplish and carry out those uses which are permitted in § 185-24K(2)(c) and K(2)(d); provided, however, that no grading is permitted which would cause any increase in flood heights or frequency.
[6]
Damming or relocation of any watercourse, except as provided for in § 185-24K(2)(c) and K(2)(d).
[7]
Any parts of new on-site sewage disposal systems.
[8]
Swimming pools.
[9]
Fences, except one- or two-strand fences.
[10]
Stockpiling, storage, or disposal of buoyant materials,
logging slash, herbicides, pesticides, domestic or industrial waste,
radioactive materials, petroleum or other flammable materials, explosives,
poisonous materials, hazardous materials or other material which,
if flooded, would pollute the watercourse or be injurious to human,
animal, or plant life.
[11]
Cemeteries for humans or animals.
[12]
Any new or substantially improved structure which
will be used for the production or storage of any of the following
materials or substances or which will be used for any activity requiring
the maintenance of a supply (more than 550 gallons or other comparable
volume or any amount of radioactive substances) of any of the following
materials or substances on the premises: acetone, ammonia, benzene,
calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric
acid, hydrocyanic acid, magnesium, nitric acid, and oxides of nitrogen,
petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium,
sodium, sulfur and sulfur products, pesticides (including insecticides,
fungicides and rodenticides), radioactive substances, insofar as such
substances are not otherwise regulated, and other substances defined
as "hazardous waste" under Section 75.261, Chapter 75, Title 25 of
the Pennsylvania Code (PA DEP's Hazardous Waste Management Regulations).
[13]
The commencement of, or any construction of, a
new manufactured home park or manufactured home subdivision, or substantial
improvement to an existing manufactured home park or manufactured
home subdivision.
[15]
Feedlots.
[16]
Zoo, menagerie, wild animal farm or domestic or
farm animal enclosures which will not allow all animals to escape
floodwaters of maximum flood elevation without human intervention
while remaining safely confined.
[17]
The floodproofing of new residential structures,
as an exception from the elevation requirement.
[18]
Any development, structure, or use that may, whether
alone or in combination with others, and except where specifically
authorized elsewhere in this article:
[a]
Endanger human life.
[b]
Obstruct, impede, retard, change or increase the
velocity, direction, or flow of floodwaters.
[c]
Increase the surface elevations of floods or the
frequency of floods.
[d]
Catch or collect debris carried by floodwaters.
[e]
Be placed where the natural flow of the stream
or floodwaters would carry it downstream to the damage or detriment
of property within or adjacent to the Floodplain Zone (F).
[f]
Degrade the water-carrying capacity of any watercourse,
channel, or floodplain.
[g]
Increase the rate of local runoff, erosion, or
sedimentation.
[h]
Degrade the quality of surface water or the quality
or quantity of groundwater.
[i]
Be susceptible to flotation and subsequent movement
that would cause damage to other property.
[19]
Fully and partially enclosed space below the lowest
floor (including basement).
(3)
Approximate Floodplain Area.
(a)
Description: the areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the PA DEP Regional Office.
[2]
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
[3]
In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
L.
Changes in identified floodplain area. The identified floodplain
area may be revised or modified by the Board of Supervisors where
studies or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. As soon as practicable, but not later
than six months after the date such information becomes available,
the Township shall notify FEMA of the changes by submitting technical
or scientific data.
M.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Zoning
Officer and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
N.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township,
and until all required permits or approvals have been first obtained
from the PA DEP Regional Office. It is the responsibility of the applicant
to provide all required studies and pay all fees.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
FEMA and DCED shall be notified prior to any alteration or relocation
of any watercourse.
(2)
Submit technical or scientific data to FEMA for a letter of map revision
(LOMR) within six months of the completion of any new construction,
development, or other activity resulting in changes in the BFE.
(3)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this section and any other applicable
codes, ordinances and regulations.
O.
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements other than those expressly authorized by § 185-24K shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 185-24X, then the following provisions apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 185-24K(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 185-24K(3)(b)[2] and [3].
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(d)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
P.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1)
The accessory structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 150 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to cause
the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
Q.
Design and construction standards. Within any identified floodplain area, any new construction or substantial improvements other than those expressly authorized by § 185-24K shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 185-24X, then the following minimum standards shall apply for all construction and development proposed within any identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only; Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and Township regulations for such systems. If any such system
is permitted, is shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities From Flood Damage, and The International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 185-24R, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, storage tanks, and other similar objects or components
located below the regulatory flood elevation shall be securely anchored
or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
of the UCC shall apply to the above and other sections and subsections
of this section, to the extent that they are more restrictive and/or
supplement the requirements of this section.
R.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the DCED as required by the Act, any new
or substantially improved structure which will be used for the production
or storage of any of the following dangerous materials or substances;
or will be used for any activity requiring the maintenance of a supply
of more than 550 gallons, or other comparable volume, of any of the
following dangerous materials or substances on the premises; or will
involve the production, storage, or use of any amount of radioactive
substances, shall be subject to the provisions of this section, in
addition to all other applicable provisions. The following list of
materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel, oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2)
Within any floodway area, any structure of the kind described in § 185-24R(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 185-24R(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above BFE;
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood. Any such structure, or part thereof,
that will be built below the regulatory flood elevation shall be designed
and constructed in accordance with the standards for completely dry
floodproofing contained in the publication "Flood-Proofing Regulations"
(U.S. Army Corps of Engineers, June 1972 as amended March 1992), or
with some other equivalent watertight standard.
(4)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 185-24R(1) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
S.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where BFE
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a conditional letter of
map revision or letter of map revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
T.
Special requirements for manufactured homes and recreational vehicles. Within any identified floodplain area, manufactured homes and recreational vehicles are prohibited. If a variance is obtained in accordance with § 185-24X, then the following provisions apply:
(1)
Within any floodway, manufactured homes and recreational vehicles
shall be prohibited.
(2)
Within approximate floodplain or special flood hazard area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the International Residential Code
adopted as part of the UCC or the U.S. Department of Housing and Urban
Development's Permanent Foundations for Manufactured Housing,
1984 Edition, or latest revision thereto shall apply.
(5)
Consideration shall be given to the installation requirements of
the UCC where appropriate and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the unit's(s') proposed installation.
U.
Prohibitions. In accordance with the administrative regulations promulgated
by the DCED to implement the Pennsylvania Flood Plain Management Act,
the following activities shall be prohibited within any identified
floodplain area.
V.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 185-24W shall apply. Historic structures as defined in this section undergoing repair or rehabilitation that would constitute a substantial improvement as also defined in this section must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve historic character and design of the structure.
W.
Improvements. Within any identified floodplain area any new construction or substantial improvements other than those expressly authorized by § 185-24K shall be prohibited. If a variance is obtained for substantial improvements in the identified floodplain area in accordance with § 185-24X, then the following provisions shall apply. The following provisions also apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1)
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any special flood hazard area that would, together with all
other existing and anticipated development, increase the BFE more
than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement, of
any kind to an existing structure, to an extent or amount of 50% or
more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this section.
X.
Variances.
(1)
If compliance with any of the requirements of this section would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article VI of this chapter and the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway that would cause any increase
in the BFE.
(b)
No variance shall be granted for any construction, development,
use, or activity within any special flood hazard area that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development which may
endanger human life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
Whenever a variance is granted, the Zoning Hearing Board shall
attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare,
and to achieve the objectives of this section.
(g)
(h)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the FEMA.
(i)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
Y.
ACCESSORY STRUCTURE OR USE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC RESOURCE
LOWEST FLOOR
MANUFACTURED HOME
(1)
(2)
(3)
(4)
(5)
MANUFACTURED HOME PARK OR SUBDIVISON
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
OBSTRUCTION
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Unless specifically defined below, words and phrases
use in this section shall be interpreted so as to give this section
its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the FIRM for Zones AE, AH, A1-30 that
indicates the water surface elevation resulting from a flood that
has a one-percent or greater chance of being equaled or exceeded in
any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials forming a permanent structure
and which has walls and a roof. This term shall include manufactured
homes and trailers used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials, and the subdivision of land.
A manufactured home park or subdivision for which the construction
or facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the Township.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the FEMA or Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any building, structure, site, object or district that is
included on the National Register of Historic Places, individually
or as a contributing resource in a National Register Historic District.
The lowest floor of the lowest fully enclosed area, including
any basement. An unfinished flood-resistant partially enclosed area
used solely for the parking of vehicles, building access and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this section.
A type of single-family detached dwelling that meets all
of the following requirements:
It is transportable in a single piece, or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
It may be constructed so that it may be used without a permanent
foundation;
It is not a recreation vehicle.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile/manufactured
home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced
on or after the effective date of these floodplain regulations that
were adopted by the Township, and includes any subsequent improvements
thereto. Any construction started after September 28, 1979, and before
the effective date of these floodplain regulations is subject to the
regulations in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the Township.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, fence, stockpile, refuse,
fill, structure or other matter in, along, across or projecting into
any channel, watercourse or flood-prone area, which may impede, retard
or change the direction of the flow of water, either by itself or
by catching or collecting debris carried by such water, or is placed
where the flow of the water may carry the matter downstream to threaten
life and property.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
The BFE or estimated flood height as determined using simplified
methods plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on an average, equals or exceeds
25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
A subdivision as defined in the MPC.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "repetitive loss," regardless of the actual repair work performed.
The term does not include either any project for improvement of a
structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the Township code enforcement official and which are the minimum
necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
with the State floodplain construction. For coordination purposes,
references to the above are made specifically to various sections
of the IRC and IBC.
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
