[Amended 8-6-1974]
On a corner lot in any residential district, nothing shall be erected (except street or traffic signs and utility poles), placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (21/2) and 10 feet above the center-line grades of the intersecting streets in the area bound by the street center lines of such corner lots and a line joining points along said street center lines 100 feet from the point of intersection. If the intersection involves a major thoroughfare, the clear site line joining points along the street center lines shall be 150 feet from said points of the line to the point of intersection.
[Amended 6-8-2015 by Ord. No. 228]
Notwithstanding any other provision of this chapter, fences, walls, steps, mailboxes, streetlights, and hedges may be permitted in any required yard, provided that any fence, wall, mailbox, streetlight or hedge shall meet the requirements of § 184-17 concerning visibility at intersections and provided further that no fence or wall within the front yard setback shall exceed three feet in height along the street of address or six feet in height along any other street frontage.
[Amended 8-6-1974]
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot, and a plan has been recorded in compliance with Chapter 155, Subdivision and Land Development, as amended.
[Amended 3-3-1987 by Ord. No. 61; 5-14-1990 by Ord. No. 82; 6-12-1995 by Ord. No. 107]
All buildings and structures shall be subject to the maximum height regulations specified within each zoning district, except chimneys, church spires, belfries, cupolas and domes not intended for human occupancy, monuments, public utility lines, smokestacks, poles, antennas, towers, water storage tanks, signs, elevators, penthouses, flagpoles, silos, windmills and farm accessory buildings; provided, however, that no penthouse, roof structure or any space above the height limit specified for each zoning district shall be used for the purpose of providing additional floor space for residential or commercial use; provided, further, that the height of any such structure or protection shall not exceed 85 feet or such lesser limit as provided by § 184-41, Airport safety zones. However, communications towers and antennas for the purpose of facilitating communications services and attendant support structures shall not be subject to the height restriction of 85 feet but shall be subject to the requirements of § 184-43.1, Communications towers and antennas.
Every building hereafter erected or removed shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
[Amended 5-14-1990 by Ord. No. 82]
On every corner lot there shall be provided on each street frontage a front yard in accordance with the required front yard setback in the applicable zoning district. The remaining two yards shall be side yards.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
Where a lot is not served by a public water supply and/or sanitary sewerage system and Chapter 155, Subdivision and Land Development, or other state or local ordinance in force requires a higher standard for lot area or lot width than this chapter, the more restrictive regulations of such other ordinance or regulation shall apply.
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the district, the front yard required may be reduced to a depth equal to the average of the two adjoining lots.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
A. 
Terraces, patios or open porches, provided that such terraces, patios or open porches are unroofed or otherwise enclosed and are not closer than five feet to any adjacent property line.
B. 
Projecting architectural features — bay windows, cornices, eaves, fireplaces, chimneys, window sills or other architectural features — provided that any single feature does not exceed five square feet in external area.
C. 
Uncovered stairs and landings, provided that such stairs or landings do not exceed three feet six inches in height.
D. 
Open balconies or fire escapes, provided that such balconies or fire escapes are not supported on the ground and do not project more than five feet into any yard nor closer than three feet to any adjacent property line.
[Added 2-6-1979 by Ord. No. 1-1979; amended 10-1-1983 by Ord. No. 43]
A. 
Poultry houses for housing more than 500 birds shall not be located closer than 75 feet to all property lines and street right-of-way lines; provided, however, that such poultry houses shall not be located closer than 200 feet to all existing dwelling units other than the dwelling unit owned by the person constructing the poultry house. A properly designed turnaround facility shall be provided in order that vehicles leaving the property can enter onto the roadway front first.
B. 
All pools containing liquid manure, "liquid manure" being defined as manure with sizable quantities of liquid added (less than 8% solids), shall be subject to the permit requirements of this chapter prior to the commencement, continuation or use of said pool for liquid manure storage; provided, further, that the entire pool shall be entirely enclosed with a permanent fence not less than four feet in height, except that pools containing liquid manure being less than 30 feet in diameter shall be excluded from this requirement.
[Added 2-6-1979 by Ord. No. 1-1979; amended 9-20-1988 by Ord. No. 75; 7-22-1996 by Ord. No. 118]
Notwithstanding anything to the contrary in this chapter, the minimum side yard and minimum rear yard requirements for utility sheds, when permitted as an accessory use, shall be four feet, provided that the maximum dimensions of such utility sheds shall be twelve by twenty-four (12 x 24) feet and eight feet in height.
[Amended 2-6-1979 by Ord. No. 1-1979; 7-22-1996 by Ord. No. 118]
Dwelling units with direct access to a public street may be used for a home occupation, provided that such home occupation is clearly incidental and secondary to the use of the property as a residence and further provided that the home occupation does not change the residential character of the property. If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the permit application for the home occupation. All home occupations shall also meet the following specific criteria:
A. 
The home occupation shall be conducted entirely within the dwelling unit, and the area of the home occupation shall not be greater than 25% of the floor area of the dwelling unit or 500 square feet, whichever is less.
B. 
There shall be one home occupation per dwelling unit.
C. 
No more than two nonresident employees shall be permitted. However, in the case of a home occupation of an office in the building trades and similar fields, the business may have additional employees for off-site activities, provided that they are not employed on-site, they do not park on or near the property and they do not visit the property during the course of business.
D. 
Home occupations shall be limited to those occupations customarily conducted within a dwelling unit. These uses shall include:
(1) 
Artists and artisans.
(2) 
Authors and composers.
(3) 
Beauticians and barbers.
(4) 
Office facilities, excluding medical offices and dental offices.
(5) 
Individual tutoring.
(6) 
Preparation of food or food products to be sold or served off-site.
(7) 
Individual musical instrument instruction, provided that no instrument shall be amplified to be audible at the property line.
(8) 
Telephone solicitation.
(9) 
Family child day-care involving no more than six children unrelated to the operator and provided that the following criteria are met:
(a) 
The minimum size of the lot containing the day-care facility shall be 10,000 square feet.
(b) 
Passenger drop-off and pick-up areas shall be provided on-site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(c) 
There shall be a suitable outside activity/recreation area which shall be buffered from all adjoining properties with screening of evergreens, walls, fencing or other materials acceptable to the Zoning Officer. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass or woven chain link or sheet metal. Screening shall be arranged to block the ground level views between grade and the height of six feet. Landscape screens shall achieve this visual blockage within two years following installation.
(10) 
Dressmaking, sewing and tailoring.
(11) 
Uses not listed that, in the determination of the Zoning Hearing Board, are considered to be of the same general character as the home occupations listed herein.
E. 
The exterior appearance of the dwelling is maintained as a residential dwelling.
F. 
The applicant shall demonstrate that adequate off-street parking shall be provided for both the home occupation and the dwelling unit. In no event shall the parking spaces provided be less than two for the dwelling unit, one for each nonresident employee and such other parking spaces as required under § 184-36 of this chapter. Such parking spaces shall be screened from adjoining properties.
G. 
Retail sale of merchandise, supplies or products shall not be conducted on the property, except for the following:
(1) 
The sale of items subordinate to the conducting of the home occupation or items used in the home occupation, such as the sale of beauty supplies used by the proprietor, is permitted, provided that there are no direct sales of products from display shelves or racks.
(2) 
Orders previously made by telephone, by appointment or at a sales party may be filled at the site of the home occupation. There shall be no direct sales of products from display shelves or racks, but a person may pick up an order placed earlier as described above. Parties for the purpose of selling merchandise or taking orders shall not be held more than one time each month at the site of the home occupation.
H. 
No storage or display of goods shall be visible from the outside of the building.
I. 
No external storage of materials or products shall be permitted. No storage of materials or products in accessory structures or attached garages shall be permitted.
J. 
Manufacturing, repairing or other mechanical work shall be performed in such a way that noise, odor, vibration, electromagnetic interference or smoke shall not affect neighboring properties or be noticeable at or beyond the property line. No explosive or highly combustible materials shall be used or stored on the premises.
K. 
The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks.
L. 
A home occupation shall not generate waste products or material of a quality or quantity not normally associated with a residential use.
M. 
The applicant shall demonstrate that sufficient water and sewage disposal service is available for the home occupation. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the home occupation. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the existing on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the home occupation.
N. 
One sign, which shall comply with § 184-35B(2)(a), shall be permitted.
A. 
Swimming pools. Private noncommercial swimming pools, whether above or below ground, which are designed to contain a water depth of 24 inches or more shall be located in a rear or side yard only and shall be set back not less than 15 feet from side and rear property lines. Swimming pools shall not occupy more than 25% of the minimum required rear yard setback. Each swimming pool shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate; however, this does not apply to aboveground pools having a wall measuring at least four feet in height and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water and shall be constructed so as to prohibit the passage of a sphere larger than four inches in diameter through any opening in the fence. No water from a pool shall be discharged onto any public street.
[Amended 10-1-1983 by Ord. No. 43; 5-14-1990 by Ord. No. 82; 9-24-2018 by Ord. No. 245]
B. 
No nonresidential activities shall be permitted in any residential zone except those permitted by home occupation regulations, § 184-29 of this chapter.
C. 
No agricultural use or individual gardens for home consumption shall occupy more than one-half (1/2) of the minimum open area required by the applicable zoning district.
D. 
Carriage horses or other animals maintained for the sole purpose of providing the primary means of transportation via a carriage or buggy are permitted as an accessory use to a residential dwelling in accordance with the following standards:
[Added 7-22-1996 by Ord. No. 118[1]]
(1) 
The maximum number of horses or other animals which may be maintained shall not exceed four.
(2) 
The carriage horses shall be maintained within a fully enclosed building. The fully enclosed building may also be used for the sheltering of additional carriage horses of visitors and guests.
(3) 
If a grazing area is provided, it shall be enclosed by a fence designed for containment of the animals. The fence shall be located at least 10 feet from all property lines.
(4) 
The owner shall submit a plan to the Zoning Officer for the suitable disposal of animal waste.
(5) 
No building shall be closer than 50 feet to the nearest dwelling other than that of the property owner.
(6) 
The owner of the carriage horses shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
[1]
Editor's Note: This ordinance also provided for the relettering of former Subsection D as Subsection E.
E. 
Nothing in this section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
[Amended 7-22-1996 by Ord. No. 118]
The conversion of a single-family detached dwelling existing on the effective date of this section to a dwelling containing two, three or four dwelling units shall be permitted in any district in accordance with the following standards:
A. 
Dwelling units within a multifamily conversion structure shall have a minimum of 600 square feet per dwelling unit.
B. 
Where on-lot sewage disposal is utilized, the lot shall contain one acre of land for each proposed dwelling unit. Where public sewer is available, the lot area per dwelling unit shall be 10,000 square feet.
C. 
The applicant shall demonstrate that sufficient water and sewage disposal service is available for each dwelling unit proposed to be created. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the public water and/or sewage service provider that capacity is available for each additional proposed dwelling unit. If the property is served by on-lot sewage disposal, the applicant shall present substantial evidence that the existing on-lot sewage disposal system is adequate to dispose of the sewage flows from each additional dwelling unit or that the applicant has obtained a permit from the sewage enforcement officer to modify the existing on-lot sewage disposal system to handle such additional sewage flows.
D. 
Structural additions of 25% of the floor area of the original structure are permitted for a conversion which shall create a two-dwelling-unit structure. No structural additions are permitted for multifamily conversions into three- or four-dwelling units. No modifications to the external appearance of the building which would alter the residential appearance of the building shall be permitted, except modifications to comply with applicable statutes and regulations concerning accessibility and fire safety.
E. 
Two off-street parking spaces shall be provided on the property for each dwelling unit. Off-street parking spaces shall comply with all of the requirements of this chapter.
F. 
All dwelling units located on floors above grade shall have direct means of escape to ground level. Any dwelling unit located below grade shall have two means of egress to ground level.
G. 
The applicant shall acknowledge as part of the building permit application that additional township, county, Commonwealth and federal requirements may exist and that it is his responsibility to comply with any additional requirements.
[Added 9-28-2009 by Ord. No. 206]
A. 
Hospitals and medical centers, as further defined under Article II of this Zoning Ordinance, shall be permitted by conditional use within the PE Zoning District.
B. 
Hospitals and medical centers shall comply with the following minimum and maximum dimensional requirements:
(1) 
A minimum of five acres of contiguous net land area shall be required to accommodate the hospital or medical center.
(2) 
The minimum lot width shall be 200 feet.
(3) 
All principal buildings shall be located at least 50 feet from all property lines and street right-of-ways.
(4) 
The minimum distance between principal buildings shall be 50 feet.
(5) 
The maximum building coverage shall be 40% of the lot.
(6) 
The maximum impervious coverage shall be 60% of the lot.
(7) 
The maximum height of a principal building, other than an inpatient hospital building, shall be 50 feet.
(8) 
The maximum height of an inpatient hospital building shall be 50 feet at the front yard, side yard and rear yard building setback lines. For each one foot of additional building height over 50 feet, the minimum building setback lines shall increase by six feet for the front yard building setback line and three feet for the side and rear building setback lines. The maximum building height for an inpatient hospital building shall be 120 feet.
C. 
Hospitals and medical centers shall be subject to the following standards and specifications:
(1) 
The uses contained within the hospital or medical center shall be served by public sanitary sewer facilities, which shall be planned in accordance with the West Earl Township Sewage Facilities Plan, as adopted to comply with the Pennsylvania Sewage Facilities Act (PA Act 537, as amended)[1] as well as any ordinances adopted by West Earl Township. All sewage disposal facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Sewer Authority and the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1.
(2) 
The uses contained within the hospital or medical center shall be served by public water supply facilities, which shall be consistent with any plans and ordinances adopted by West Earl Township. All water supply facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Water Authority and the Pennsylvania Department of Environmental Protection.
(3) 
All other utility provisions serving the hospital or medical center shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, all utility connections shall be installed underground.
(4) 
Subordinate uses within the hospital or medical center shall be limited to restaurants or cafeterias; administrative and professional offices; retail sales establishments; banks or financial institutions; personal care or service establishments; conference or convention centers; commercial day-care facilities; recreational uses; educational uses; religious uses; and other similar uses that are determined appropriate by West Earl Township as part of the conditional use application. The cumulative gross floor area for all such accessory uses shall not occupy more than 40% of the cumulative gross floor area of all uses within the hospital or medical center. All subordinate uses shall be located at least 50 feet from all property lines and street right-of-ways.
(5) 
All heliport or helistop facilities shall be located at least 500 feet from all property lines. All such uses shall be approved by the appropriate local, state and federal authorities.
(6) 
The primary points of ingress and egress to the medical research park shall be located along a collector or arterial street. As part of the land development application, the applicant shall mitigate all potential traffic impacts that will be created by the hospital or medical center.
(7) 
All means of ingress and/or egress shall be located at least 300 feet from any existing public street intersection and shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of the traffic site improvements, as may be required by the Pennsylvania Department of Transportation or West Earl Township.
(8) 
All designated points of ingress and egress for emergency management vehicles shall be located at least 500 feet from a residential zoning district and designed to consider traffic volumes on existing streets and adjacent uses.
(9) 
All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the residential neighborhood from inappropriate noise, light and other disturbances.
(10) 
Unless otherwise required by the utility company or authority providing service, all utility connections shall be installed underground.
(11) 
The off-street parking and loading spaces shall be designed to comply with the provisions specified under § 184-36 of this Zoning Ordinance. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(12) 
All proposed signs for the hospital or medical center shall comply with the provisions specified under § 184-35 of this Zoning Ordinance.
(13) 
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be enclosed, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area for trash and rubbish shall be permitted within 50 feet from any lot line of a nonresidential use and 100 feet from any lot line of a residential use.
(14) 
All medical waste, biohazardous materials, equipment, Red Bag waste, and other similar items, which because of their potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(15) 
The disposal of all materials and wastes shall be accomplished in a manner that complies with state and federal laws. The applicant shall provide documentation to West Earl Township that licensed waste haulers have been contracted to dispose of the discarded materials and wastes from the site. Should the nature of the use change in the future, such that the materials used or wastes generated change significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with these requirements.
D. 
As part of the conditional use application, the applicant shall provide evidence that the use or activities shall comply with the provisions established by West Earl Township. This may include the submission of a grading plan, utility plan, landscaping plan, traffic impact study and/or environmental assessment report. Prior to the submission of the conditional use application, the applicant shall consult with the West Earl Township Engineer and Zoning Officer to initially discuss the documentation that may be required as part of the application.
E. 
As part of the conditional use application, the Board of Supervisors may consider optional design and site development alternatives if the standard requirements are determined to be unwarranted or inappropriate based upon the existing site conditions. If approved, the optional design and site requirements shall be considered as part of the subdivision plan, land development plan and/or zoning permit.
F. 
If the Board of Supervisors approves the conditional use application, a complete land development plan shall be submitted for review and consideration. The land development plan shall comply with all conditions of approval issued as part of the conditional use application as well as all other provisions specified by West Earl Township.
[Added 9-28-2009 by Ord. No. 206]
A. 
Medical, dental, vision, counseling and similar heath care providers, as further defined under Article II of this Zoning Ordinance, shall be permitted in the PE Zoning District as follows within West Earl Township:
(1) 
By right within the PE Zoning District if the building footprint is 50,000 square feet or less of gross floor area.
(2) 
By conditional use within the PE Zoning District if the building footprint is more than 50,000 square feet of gross floor area.
B. 
The use shall be located on an improved lot or development, which shall comply with the minimum and maximum dimensional requirements that are specified by the zoning district in which it is located and subject to the land development provisions of West Earl Township.
C. 
The following design standards and specifications shall apply to medical, dental, vision, counseling and similar health care uses:
(1) 
The use shall be served by public sanitary sewer facilities, which shall be planned in accordance with the West Earl Township Sewage Facilities Plan, as adopted to comply with the Pennsylvania Sewage Facilities Act (PA Act 537, as amended)[1] as well as any ordinances adopted by West Earl Township. All sewage disposal facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Sewer Authority and the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1.
(2) 
The use shall be served by public water supply facilities, which shall be consistent with any plans and ordinances adopted by West Earl Township. All water supply facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Water Authority and the Pennsylvania Department of Environmental Protection.
(3) 
All other utility provisions serving the use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, all utility connections shall be installed underground.
(4) 
All proposed uses providing health care or treatment to patients shall be conducted on an outpatient basis.
(5) 
All means of ingress and/or egress shall be located at least 100 feet from any existing public street intersection and shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of the traffic site improvements, as may be required by the Pennsylvania Department of Transportation or West Earl Township.
(6) 
Interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of trucks, emergency vehicles and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(7) 
The off-street parking and loading spaces shall be designed to comply with the provisions specified under § 184-36 of this Zoning Ordinance.
(8) 
All signs shall comply with the provisions specified under § 184-35 of this Zoning Ordinance.
(9) 
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be enclosed, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area for trash and rubbish shall be permitted within 20 feet from any property line or street right-of-way line.
(10) 
All medical waste, biohazardous materials, equipment, Red Bag waste, and other similar items, which because of their potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(11) 
The disposal of all materials and wastes shall be accomplished in a manner that complies with state and federal regulations. The applicant shall provide documentation to West Earl Township that licensed waste haulers have been contracted to dispose of the discarded materials and wastes from the site. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with these requirements.
D. 
As part of the land development plan, the applicant shall provide evidence that the use or activities shall comply with the provisions established by West Earl Township. This may include the submission of a grading plan, utility plan, landscaping plan, architectural renderings, traffic impact study and/or environmental assessment report. Prior to the submission of the land development plan, the applicant shall consult with the West Earl Township Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.
E. 
As part of the conditional use application or land development plan, West Earl Township may consider optional design and site development alternatives if the standard requirements are determined to be unwarranted or inappropriate based upon the existing site conditions. If approved, the optional design and site requirements shall be considered as part of the land development plan and/or zoning permit.
[Added 9-28-2009 by Ord. No. 206]
A. 
Recreation clubs, as further defined under Article II of this Zoning Ordinance, shall be permitted by right within the PE Zoning District upon the following terms:
B. 
All recreation clubs shall be located on approved lots, which comply with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the recreation club is located or by the appropriate development requirements specified by this Zoning Ordinance.
C. 
The following standards and specifications shall be required for clubs, lodges and social quarters:
(1) 
The use shall be serviced by public sanitary sewage disposal facilities and public water supply facilities.
(2) 
All buildings and structures shall be set back at least 50 feet from all street right-of-way lines and property lines.
(3) 
Provisions for recreation facilities and uses shall comply with provisions specified under § 184-31.4 of this Zoning Ordinance.
(4) 
The provisions for landscaping, lighting and other supplemental requirements shall be considered and designed to comply with the applicable provisions of this Zoning Ordinance.
(5) 
The off-street parking, loading spaces and interior access lanes shall be designed to comply with the provisions specified under § 184-36 of this Zoning Ordinance.
(6) 
All signs shall comply with the provisions specified under § 184-35 of this Zoning Ordinance.
D. 
Where required to comply with the provisions specified by this Zoning Ordinance, a subdivision and/or land development plan shall be prepared and submitted to West Earl Township for review and consideration in accordance with the prevailing standards of West Earl Township.
[Added 9-28-2009 by Ord. No. 206]
A. 
Recreational facilities and playgrounds, as further defined under Article II of this Zoning Ordinance, shall be permitted by right within the PE Zoning District upon the following terms:
B. 
The following design standards and specifications shall apply to recreation facilities and playgrounds:
(1) 
A minimum of one acre of contiguous land area shall be required to accommodate a recreational uses.
(2) 
All active or passive recreational areas shall be located at least 20 feet from all property lines and street right-of-ways.
(3) 
All buildings associated with the recreation use shall be located at least 50 feet from all external property lines and street right-of-ways.
(4) 
The recreational use shall be serviced by sanitary sewer facilities and water supply facilities with sufficient capacities in accordance with the most recent update to the West Earl Township Sewage Facilities Plan, as adopted to comply with Pennsylvania Sewage Facilities Act (PA Act 537, as amended)[1] as well as any ordinances adopted by West Earl Township.
[1]
Editor's Note: See 35 P.S. § 750.1.
(5) 
All means of ingress and/or egress shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration and/or deceleration lanes as may be required by the Pennsylvania Department of Transportation or West Earl Township.
(6) 
The off-street parking, loading spaces and interior access lanes shall be designed to comply with the provisions specified under § 184-36 of this Zoning Ordinance.
(7) 
Sufficient vehicular access roads and off-street parking areas shall be designed, located and constructed in a manner considering the size and weight of all delivery vehicles and customer vehicles entering and exiting the property. All such vehicular access roads and off-street parking areas shall be mud free and shall not create a traffic hazard.
(8) 
All signs shall comply with the provisions specified under § 184-35 of this Zoning Ordinance.
(9) 
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be enclosed, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area for trash and rubbish shall be permitted within 50 feet from any property line or street right-of-way line.
C. 
As part of the land development plan, the applicant shall provide evidence that the use or activities shall comply with the provisions established by West Earl Township. This may include the submission of a grading plan, utility plan, landscaping plan, architectural renderings, traffic impact study and/or environmental assessment report. Prior to the submission of the land development plan, the applicant shall consult with the West Earl Township Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.
D. 
As part of the land development plan, West Earl Township may consider optional design and site development alternatives if the standard requirements are determined to be unwarranted or inappropriate based upon the existing site conditions. If approved, the optional design and site requirements shall be considered as part of the land development plan and/or zoning permit.
[Added 9-28-2009 by Ord. No. 206]
A. 
Regional impact development, as defined under Article II of this Zoning Ordinance, shall be permitted as follows within West Earl Township:
(1) 
Commercial or institutional regional impact developments may be permitted by conditional use within the PE Zoning District:
(a) 
Hospitals or medical centers, subject to the provisions of §§ 184-31.1 and 184-31.2 of this Zoning Ordinance.
(b) 
Business and office parks.
(c) 
Medical research park.
(d) 
Other commercial uses permitted within the PE Zoning District that meet the qualifications for a "commercial regional impact development," as defined by this Zoning Ordinance.
(e) 
Other institutional uses permitted within the PE Zoning District that meet the qualifications for an "institutional regional impact development," as defined by this Zoning Ordinance.
B. 
Where a development meets the definition of "regional impact development" as provided in Article II, such development shall be permitted subject to the following requirements.
(1) 
Where a regional impact development is an extension, expansion, or revision of a development existing prior to the adoption of these regulations, only that part of the regional impact development being extended, expanded, or revised shall be subject to the requirements of this section.
(2) 
Where a regional impact development is to be constructed in phases, the conditional use application shall include the entire project area to be developed in all phases. In such case, the applicant shall provide a conceptual master site plan and/or a detailed construction schedule for each phase of the development, which shall specify the timing and sequence of construction for all infrastructure and site improvements to be completed as part of the regional impact development.
(3) 
The regional impact development shall be serviced by public sanitary sewage disposal facilities, which shall be planned in accordance with the most recent update to the West Earl Township Sewage Facilities Plan, as adopted to comply with the Pennsylvania Sewage Facilities Act (PA Act 537, as amended)[1] as well as any ordinances adopted by West Earl Township. All sewage disposal facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Sewer Authority and the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1.
(4) 
The regional impact development shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by West Earl Township. All water supply facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Water Authority and the Pennsylvania Department of Environmental Protection.
(5) 
All other utility provisions serving the regional impact development shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, all uses within the regional impact development shall have individual utility connections and services that shall be installed underground.
(6) 
All means of ingress and/or egress shall be located at least 300 feet from any existing public street intersection and shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration and/or deceleration lanes as may be required by the Pennsylvania Department of Transportation or West Earl Township.
(7) 
The regional impact development shall have not less than two primary points of access onto an arterial or collector street. All such vehicular access points shall be designed and improved to accommodate all anticipated traffic in a safe and efficient manner.
(8) 
Interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of trucks and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(9) 
Where a regional mass or public transit system provides service along a street adjacent to the development, or where such a system is proposed as part of an adopted municipal or regional transportation plan to serve the development, appropriate dropoff and shelter facilities shall be strategically located within the development.
(10) 
The development shall include a clearly defined internal pedestrian circulation system. Sidewalks shall be provided along all public streets and along any private streets within the development unless the applicant demonstrates that the internal pedestrian circulation eliminates the need for such sidewalks. Sidewalks shall also be provided from the development to nearby regional mass transit facilities, to any adjacent developments from which pedestrians would reasonably be expected to walk, to any adjacent undeveloped lands zoned for development from which pedestrians would reasonably be expected to walk in the future, and to adjacent community facilities.
(11) 
Sufficient exterior lighting shall be required to provide convenience and safety for people utilizing the facilities within the development; however, all such lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
(12) 
No use shall emit any obnoxious noise, glare, dust, odor, vibration, electrical disturbance, smoke, toxic gas, radiation, heat or any other objectionable impact beyond the lot line of the facility.
(13) 
A landscaped screen shall be provided for outdoor storage, parking, and loading areas where they abut a residential zoning district, regardless of whether such property is developed for residential use at the time that the regional impact development is proposed. This landscaping screen shall be designed by a registered landscape architect; shall be comprised of trees, shrubs and other plantings; and shall provide a substantially complete visual barrier within five years of the initial planting.
(14) 
The applicant shall be responsible for providing landscaping throughout the entire development in accordance with a landscape plan designed by a registered landscape architect. Said plan shall provide a uniform, cohesive, and visually attractive landscape for the development that de-emphasizes the size and bulk of the development so that it is visually compatible with the surrounding neighborhood.
(15) 
The architectural features and building facade for the uses contained within the regional impact development shall be harmoniously planned as an integrated community considering the following:
(a) 
The applicant or developer shall identify the nonresidential uses and demonstrate how these uses can be amicably planned considering their architectural appearance.
(b) 
Buildings, structures, landscaping and streetscape improvements shall be designed in an effort to and integrate, reflect and/or enhance the character of the regional impact development.
(c) 
Buildings shall include architectural design features such as recesses, openings, windows, details and/or variable materials in order to avoid creating massive or monotonous building facades.
(d) 
Buildings shall be designed with at least two different building aspects and architectural features, which may include concrete or masonry plinth at the base of the walls; belt courses of different texture or color; projecting or decorative cornices; quoins; decorative tile work; trellis containing seasonal plantings; medallions; opaque or translucent glass; bay windows, artwork; vertical articulation; stylized lighting fixtures; porticos; building extensions; stonework; and/or other similar architectural elements.
(e) 
Rooflines shall be pitched and not appear flat when viewed from public streets or adjoining properties. All roof-mounted equipment including HVAC, electrical, venting or other mechanical equipment shall be contained or concealed as part of the architectural design.
(16) 
Drive-through establishments shall be prohibited use within the regional impact development.
(17) 
Office or nonresidential condominiums may be permitted as part of the regional impact development, provided that each use is a permitted use as described in this Zoning Ordinance. The permitted uses shall be designed as self-contained structures without common facilities, which comply with all pertinent requirements of West Earl Township. In addition to these requirements, the following provisions shall apply to office or nonresidential condominiums:
(a) 
The ownership of office condominiums shall be under single ownership, partnership, corporation, or under a guaranteed unified management control. The office condominiums must have at least one on-site manager or a designated individual whose office is located within 100 miles of West Earl Township.
(b) 
The owner shall provide West Earl Township with a complete list of on-site managers or designated individuals on an annual basis. The list shall include the name, mailing address and telephone number of each on-site manager or each designated individual responsible for the daily operation of all uses within the office or nonresidential condominiums.
(c) 
The owner or manager shall provide West Earl Township with a complete list of tenants located within the office or nonresidential condominium on an annual basis. The list shall include the name of the tenant, business name, mailing address, telephone number, land use activity and scheduled hours of operation.
(18) 
The off-street parking, loading spaces and interior access lanes shall be designed to comply with the provisions specified under § 184-36 of this Zoning Ordinance.
(19) 
All signs shall comply with the provisions specified under § 184-35 of this Zoning Ordinance.
(20) 
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be enclosed, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area for trash and rubbish shall be permitted within 50 feet from any property line or street right-of-way line.
C. 
As part of the conditional use application, the applicant shall provide evidence that the regional impact development shall comply with the provisions established by West Earl Township. This may include the submission of a grading plan, utility plan, landscaping plan, conceptual architectural renderings, traffic impact study and/or environmental impact assessment report. Prior to the submission of the application, the applicant shall consult with the West Earl Township Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.
D. 
As part of the conditional use application, West Earl Township may consider optional design and site development alternatives if the standard requirements are determined to be unwarranted or inappropriate based upon the existing site conditions. If approved, the optional design and site requirements shall be considered as part of the subdivision plan, land development plan and/or zoning permit.
E. 
If the conditional use application is approved by West Earl Township, a complete land development plan shall be submitted to West Earl Township for review and consideration. The land development plan shall comply with all conditions of approval issued as part of conditional use application, as well as all other provisions specified by the Zoning Ordinance.
[Added 9-28-2009 by Ord. No. 206]
A. 
Satellite communication centers utilized to transmit and/or receive audio, video and/or other communication, shall be permitted by conditional use within the PE Zoning District.
B. 
The following design standards and specifications shall apply:
(1) 
The use shall be located on an approved lot containing a principal building that utilizes the satellite communication center as part of its functional use.
(2) 
The satellite communication center facilities and all support apparatus shall comply with the height requirements specified under §§ 184-16.1E, 184-20 and 184-41 of this Zoning Ordinance.
(3) 
The satellite communication center facilities and all support apparatus shall be located at least 50 feet from any property line or street right-of-way line.
(4) 
The satellite communication center facilities and all support apparatus shall be enclosed by an eight-foot high fence. Such fence shall include warning signs that are appropriate for the use.
(5) 
The allowance of a satellite communication center shall not place liability upon West Earl Township for the disruption, obstruction or interruption of the transmission or reception as a result of permitted uses on adjoining or nearby properties.
(6) 
The satellite communication center shall comply with all pertinent state and federal laws regulating the transmission and/or reception of audio, video and/or other communications.
C. 
As part of the conditional use application, West Earl Township may consider optional design and site development alternatives if the standard requirements are determined to be unwarranted or inappropriate based upon the existing site conditions. If approved, the optional design and site requirements shall be considered as part of the subdivision plan, land development plan and/or zoning permit.
D. 
If the Board of Supervisors approves the conditional use application, a complete land development plan shall be submitted to West Earl Township for review and consideration. The land development plan shall comply with all conditions of approval issued as part of the conditional use application as well as all other provisions specified by the West Earl Township Code.
[Added 9-28-2009 by Ord. No. 206]
A. 
Schools and educational uses shall be permitted by conditional use within the PE Zoning District.
B. 
The following standards and specifications shall be required for schools and educational uses:
(1) 
The school or educational use shall be located on an approved lot, which complies with the lot area requirements, as specified by the zoning district in which the school or educational use is located.
(2) 
The school or educational use shall be serviced by public or private sanitary sewage disposal facilities, which shall comply with the West Earl Township Sewage Facilities Plan, as prepared and adopted to comply with Pennsylvania Sewage Facilities Act[1] as well as any ordinances adopted by West Earl Township. All sewage disposal facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Sewer Authority and the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1.
(3) 
The school or educational use shall be serviced by public or private water supply facilities, which shall be consistent with any plans and ordinances adopted by West Earl Township. All water supply facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Water Authority and the Pennsylvania Department of Environmental Protection.
(4) 
All other utility provisions serving the educational use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, all utility connections shall be installed underground.
(5) 
All principal and accessory buildings utilized for the school or educational use shall be located at least 50 feet from any property line or street right-of-way line.
(6) 
Subordinate uses within the educational use shall be limited to cafeterias; administrative and professional offices; recreational uses; day-care facilities; religious uses; and other similar uses that are determined appropriate by the Zoning Hearing Board as part of the special exception application. The cumulative gross floor area for all such accessory uses shall not occupy more than 40% of the cumulative gross floor area of all uses within the school or educational facility. The accessory uses shall be considered subordinate uses that directly benefit the educational use. All designated subordinate uses and buildings shall be located at least 50 feet from all property lines and street right-of-ways.
(7) 
Recreation facilities and uses shall comply with the appropriate dimensional setback provisions that are contained under § 184-31.4 of this Zoning Ordinance.
(8) 
All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the residential neighborhood from inappropriate noise, light and other disturbances.
(9) 
All means of ingress and/or egress shall be located at least 300 feet from any intersecting street and shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration and/or deceleration lanes as may be required by the Pennsylvania Department of Transportation or West Earl Township.
(10) 
The off-street parking and loading spaces shall comply with the provisions specified under § 184-36 of this Zoning Ordinance. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All designated areas for the loading or unloading of school buses, emergency response vehicles and/or other commercial vehicles shall be arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(11) 
All signs for the use shall comply with the provisions of § 184-35 of this Zoning Ordinance.
(12) 
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be enclosed, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area for trash and rubbish shall be permitted within 50 feet from any property lines or street right-of-way lines.
C. 
As part of the special exception application or conditional use application, the applicant shall provide evidence that the educational use or activities shall comply with the provisions established by West Earl Township. This may include the submission of a grading plan, utility plan, landscaping plan, architectural renderings, traffic impact study and/or environmental assessment report. Prior to the submission of the special exception application or conditional use application, the applicant shall consult with the West Earl Township Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.
D. 
As part of the special exception application or conditional use application, West Earl Township may consider optional design and site development alternatives if the standard requirements are determined to be unwarranted or inappropriate based upon the existing site conditions. If approved, the optional design and site requirements shall be considered as part of the subdivision plan, land development plan and/or zoning permit.
E. 
If the special exception application or conditional use application is approved by West Earl Township, a complete land development plan shall be submitted to West Earl Township for review and consideration. The land development plan shall comply with all conditions of approval issued as part of the special exception application or conditional use application as well as all other provisions specified by West Earl Township.
[Amended 2-13-1995 by Ord. No. 106]
A. 
General requirements. Single stores in excess of 10,000 square feet of floor area and shopping centers present regional impacts and must be carefully evaluated to ensure that transportation systems, utilities and other public services are available to serve the proposed use. Design of such facilities must ensure safe and convenient access and must minimize impact upon surrounding uses. Single stores in excess of 10,000 square feet of floor area shall comply with these regulations. Shopping centers shall be in a single ownership or under a guaranteed unified management control and shall also comply with these requirements.
B. 
Permitted principal and accessory uses shall be as follows:
(1) 
Stores for retail sale of goods otherwise permitted within the applicable zoning district.
(2) 
Stores for the performance of customary personal services otherwise permitted within the applicable zoning district.
(3) 
Business, professional or banking offices.
(4) 
Restaurants, cafes or similar places serving food and/or beverages as otherwise permitted within the applicable zoning district.
(5) 
Parking areas for motor vehicles, including vehicles of customers and park-and-ride facilities for persons using public transportation but excluding the storage or sale of new and/or used vehicles.
(6) 
Customary accessory uses associated with permitted principal uses, provided that such uses are clearly incidental and further provided that they shall be limited to the same lot upon which the principal use is conducted.
C. 
Prohibited principal and accessory uses shall be as follows:
(1) 
Any residential use.
(2) 
Any industrial use.
(3) 
Any drive-in or drive-through establishment.
D. 
Area and bulk regulations shall be as follows:
(1) 
Minimum lot size: five acres for shopping centers; three acres for single stores in excess of 10,000 square feet of floor area.
(2) 
Maximum lot coverage: 20%.
(3) 
Maximum impervious surface coverage: 60%.
(4) 
Maximum building height: two stories or 35 feet.
(5) 
Minimum front yard: 200 feet for all shopping centers and stores in excess of 50,000 square feet of floor area; 100 feet for all stores between 10,001 and 50,000 square feet of floor area.
(6) 
Minimum side yard: 100 feet for all shopping centers and stores in excess of 50,000 square feet of floor area; 75 feet for all stores between 10,001 and 50,000 square feet of floor area.
(7) 
Minimum rear yard: 100 feet for all shopping centers and stores in excess of 50,000 square feet of floor area; 75 feet for all stores between 10,001 and 50,000 square feet of floor area.
E. 
A landscape buffer yard shall be provided along all property lines (except for necessary access drives) which shall be at least 80 feet in depth for shopping centers and stores in excess of 50,000 square feet in area and at least 50 feet in depth for stores between 10,001 and 50,000 square feet in area. The buffer yard shall be planted in ground cover, trees and shrubs and shall contain a landscape screen. The landscape screen shall consist of one row, staggered, of mixed evergreen and deciduous trees which shall be at least eight feet in height when planted and shall be spaced not more than 10 feet apart on center and two rows, staggered, of mixed broadleaf and needle evergreen shrubs which shall be at least three feet in height when planted and shall be spaced not more than five feet apart on center. The trees shall be of such species so as to attain a height at maturity of not less than 20 feet. The shrubs shall be of such species as to provide continuous screening from the ground to a height of six feet at maturity. Deciduous plant materials shall comprise no more than 30% of the number of plants in the buffer. Trees shall be planted so that at maturity they shall not be closer than 10 feet to any property line. Drainage swales or easements shall not be placed in the buffer areas unless there is no alternative available. If the drainage swales or easements or basins interfere with the buffer or screening areas, the buffers or screens shall be placed further toward the interior of the lot to provide for the intent of this section.
(1) 
All buffer areas and landscape screens shall be maintained and kept free of all structures, rubbish and debris. Required plant material located in these areas which become diseased or die shall be replaced by the property owner in order to maintain the requirements of this section.
(2) 
Any plant material which does not live shall be replaced within one year of installation with plant material of the same or similar character and equal or higher point value. Grass or ground cover shall achieve 100% coverage within one year.
(3) 
All portions of lots or sites which are not occupied by buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with trees, shrubs and an all-season ground cover.
F. 
Off-street parking. Off-street parking shall be provided at the rate of one off-street parking space per 200 square feet of floor area devoted to customer sales or service, plus one space for each employee on the largest shift. Off-street parking spaces shall not be located closer than 80 feet to any property line or right-of-way line.
G. 
Screening and landscaping of parking compounds. The following landscaping and screening requirements shall apply to all parking lots:
(1) 
When a parking compound is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. This strip shall be measured from the street right-of-way line. The strip may be located within any other landscaped or buffer strip required to be located along a street.
(2) 
Five percent of the total area of the lot shall be devoted to interior landscaping. Such interior landscaping may be used, for example, at the end of parking space rows to break up rows of parking spaces at least every 10 parking spaces and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside the parking lot, such as peripheral area and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet (or fraction) of required interior landscaping area. These trees shall have a clear trunk at least five feet above finished grade level.
(3) 
Interior landscaping shall be protected by the installation of vertical curbs which shall be a minimum of six inches in height and which shall be in accordance withthe construction standards of Chapter 155, Subdivision and Land Development. Parked vehicles may not overhang interior landscaped areas more than two and one-half (2 1/2) feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang.
H. 
Interior circulation. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of shops or for trash or recyclables collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with internal circulation.
I. 
Traffic impact study. The applicant shall present a traffic study prepared by a professional engineer with experience in traffic analysis which meets the following minimum requirement:
(1) 
A description of the traffic impact area (TIA), including such area's major roads and potential trip generation rates to be determined by current land use planning references. At a minimum, the TIA shall include all streets and major intersections within the area contained in a one-half-mile concentric circle drawn around each entrance to the proposed development and, if a street abutting the proposed development does not contain an intersection with another street within that area, the first intersection with such abutting street. If the proposed development will generate in excess of 100 trips per peak hour, the TIA shall include all streets and major intersections contained in a one-mile concentric circle drawn around each entrance to the proposed development. The determination of whether an intersection shall be considered a major intersection shall be made in accordance with accepted engineering practices. In the event of a dispute, the determination of the Township Engineer shall be final. Trip generation rates shall be determined through the use of the current edition of the Trip Generation Report, published by the Institute of Transportation Engineers.
(2) 
Existing twenty-four-hour and peak-hour traffic volume data, including weekdays, Saturdays and Sundays, for all streets which provide direct access to the proposed development and for the arterial streets and collector streets which will serve the proposed development, as well as any major intersection within the TIA.
(3) 
Twenty-four-hour and peak-hour traffic volume data, including weekdays, Saturdays and Sundays, for all streets which provide direct access to the proposed development and for the arterial streets and collector streets which will serve the proposed development, as well as any major intersection within the TIA projected for the design year without the impacts of the proposed development. The design year shall be considered the point in time when the development is completed and shall be determined in accordance with accepted engineering practices. In the event of a dispute as to the design year, the determination of the Township Engineer shall be final.
(4) 
Estimates of the total number of vehicle trips to be generated by the proposed development for typical twenty-four-hour periods, including weekdays, Saturdays and Sundays, and the typical a.m. and p.m. peak periods for weekdays, Saturdays and Sundays.
(5) 
Assignments of postdevelopment twenty-four-hour and peak-hour volumes to the arterial streets and collector streets and other streets that will serve the proposed development based upon the projections of increased traffic volumes within the TIA. In making these estimated assignments, consideration shall be given to other developments approved but not yet constructed and to development trends.
(6) 
Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the development.
(7) 
Existing levels of service and levels of service projected for the design year without the impacts of the proposed development on all abutting streets and all major intersections within the TIA. Level of service shall be computed in accordance with 1985 Highway Capacity Manual, Special Report 209, published by the Transportation Research Board, or any subsequent revision of such manual.
(8) 
Capacity and level of service analysis on all abutting streets and all major intersections which will be impacted by the additional volumes generated by the development, including postdevelopment capacity and level of service and degradation of capacity and level of service.
(9) 
Accident levels within the past five years at the above intersections categorized by accident type for each intersection.
(10) 
Projected twenty-four-hour and peak-hour turning movement data for all access points for the proposed development.
(11) 
Descriptions of all improvements that will be required in order to avoid problems of traffic congestion and traffic safety. These improvements shall provide safe and efficient movement of traffic to and from and within and past the proposed use, while minimizing the impact to non-site trips. The current levels of service must be maintained if they are C or D, not allowed to deteriorate to worse than C if they are currently A or B and improved to D if they are E or F.
(12) 
Cost estimates of any proposed improvements that will be required.
(13) 
The time period within which the improvements will be made (particularly if the improvements are associated with various phases of development construction) and any monitoring of operating conditions and improvements that may be required.
(14) 
Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed use on the transportation network.
(15) 
Descriptions of existing and planned public transportation services in the township and the potential to serve the proposed development.
(16) 
The source of the standards used and the data presented.
(17) 
Data shall be presented in tables, graphs, maps and diagrams whenever possible for clarity and ease of review.
(18) 
To facilitate examination, an executive summary of one or two pages shall be provided, concisely summarizing the purpose, conclusions, recommendations and proposed improvements.
J. 
Traffic control and access requirements.
(1) 
Applicant shall demonstrate that the road network providing access to the site can accommodate the volume of traffic reasonably expected to be generated by the proposed use in a safe and convenient manner or that applicant will make all improvements necessary to the road network to provide for safe and convenient access to the site.
(2) 
Applicant shall demonstrate that the horizontal and vertical alignments of the existing road network and the proposed accessways to the site permit safe and convenient access to the site or that applicant will make all modifications to the horizontal or vertical alignment to eliminate any unsafe condition.
(3) 
Applicant shall demonstrate that the proposed use will not create unusual traffic patterns or movements which will jeopardize the traveling public.
(4) 
Applicant shall demonstrate that the proposed use will not materially increase traffic congestion on the streets abutting the site or at any of the intersections required to be studied by § 184-32I.
(5) 
Applicant shall demonstrate that the location and design of the proposed accessways to the site are designed in a manner that will provide the least detrimental impact upon traffic capacity, level of service and safety upon abutting roads. Applicant shall install all traffic control devices necessary to mitigate detrimental impact.
(6) 
If reduction of the speed limit, installation of traffic control devices or similar measures are required to mitigate traffic impacts upon township or state highways, applicant shall present traffic studies performed in accordance with Pennsylvania Department of Transportation (PennDOT) regulations to support the imposition of such traffic regulations or installation of such traffic control device. If the enactment of an ordinance is necessary to effectuate the traffic regulation, applicant shall reimburse the township for all expenses in the preparation and enactment of the necessary ordinance.
(7) 
The applicant shall make all improvements necessary to maintain an adequate level of service and to eliminate any unsafe conditions on all abutting intersections and streets and shall make all improvements required by the applicable subdivision and land development ordinance, road ordinance, any other municipal ordinance and the regulations of the Pennsylvania Department of Transportation.
K. 
Public sewer and water service shall be provided.
L. 
Lighting. Lighting facilities for buildings, signs, accessways and parking areas shall be provided and arranged in a manner which shall protect the highway and neighboring properties from glare or hazardous interference of any kind.
M. 
Shopping cart storage. Establishments furnishing shopping carts or mobile baskets shall provide definite area on the site for the storage of said carts. Storage areas shall be clearly marked and designated for the storage of shopping carts. If such spaces are located within the parking areas, they shall not be counted toward the required minimum off-street parking.
A. 
All junkyards shall be enclosed with a fence a minimum of six feet in height with gates. Gates shall be securely locked except during business hours when an adult attendant is on the premises.
B. 
All junk shall be stored and set back at least 25 feet from any adjoining premises and at least 50 feet from the right-of-way of any public road or highway.
C. 
Burning or melting of any junk, rubbish or refuse is prohibited.
D. 
All junk shall be stored and arranged so as to permit access by fire-fighting equipment and to prevent accumulation of stagnant water. Junk or scrapped automobiles shall not be piled to a height of more than 10 feet from the ground.
E. 
All gasoline shall be drained from any junk or scrapped automobile into containers and removed from the premises within 12 hours of the arrival of the junked automobile on the premises.
F. 
No garbage or organic waste shall be permitted to be stored in any junkyard.
G. 
All other requirements and provisions of Chapter 110, Junk and Junkyards, and subsequent amendments shall be complied with.
[Amended 8-6-1974]
When authorized by the Board of Supervisors, mobile home parks shall be permitted. All such facilities shall conform to all requirements of Chapter 155, Subdivision and Land Development, as amended.[1]
[1]
Editor's Note: See now Chapter 118, Mobile Homes and Mobile Home Parks.
A. 
Area of sign. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered to be the smallest rectangle which can be drawn to encompass all of the letters and symbols. Both faces of double-face signs shall be used to calculate sign area.
B. 
Permitted signs. In zoning districts, the maximum permitted size of signs and the types of signs shall be in accordance with the following regulations:
(1) 
All districts:
(a) 
Official traffic or directional signs and other official federal, state, county or township government signs.
(b) 
A temporary sign announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided that such sign shall not exceed 12 square feet in area and shall be removed immediately upon the completion of the campaign, drive or event.
(c) 
A business sign offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed six square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one sign may be erected on each street frontage.
(d) 
Temporary signs of contractors, developers, architects, engineers, builders and artisans erected and maintained on the premises where the work is being performed, provided that the area of such sign shall not exceed 12 square feet and provided that such sign shall be removed upon completion of the work.
(e) 
Trespassing signs, signs indicating the private nature of a road, driveway or premises and signs controlling fishing or hunting on the premises, provided that the area of any such sign shall not exceed four square feet.
(2) 
Residential or agricultural districts:
(a) 
A home occupation or name sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, provided that not more than one sign shall be erected for each permitted use or dwelling and further provided that the area of each side of such sign shall not exceed two square feet. The home occupation or name sign shall be fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of a street line. Such sign may be interior lighted in the case of the office of a physician or dentist only.
[Amended 2-6-1979 by Ord. No. 1-1979; 7-22-1996 by Ord. No. 118]
(b) 
A sign, bulletin, announcement board or identification sign for a school, church, hospital, sanitarium, club or multiresidence or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.
(c) 
A sign offering the sale of farm products, nursery products or livestock produced or raised on the premises, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.
(d) 
A sign denoting membership in agricultural associations or cooperatives or indicating specialization in a particular breed of cattle, hogs, etc., or in a particular hybrid or strain of plant, provided that such sign is limited to six square feet and not more than one sign on any one street frontage.
(3) 
Signs for multifamily dwellings. The following signs and no others shall be permitted:
(a) 
A freestanding temporary real estate sign for advertising the sale or rental of the premises upon which the sign is erected, provided that the total area of any one side of the sign does not exceed 50 square feet, that there shall be no more than one such sign on any one property on the same street frontage and that no sign shall be erected so as to stand higher than any of the buildings it advertises. For the purpose of this chapter, multifamily dwelling premises shall not be advertised by temporary real estate signs for more than 12 months after building construction is completed.
(b) 
Directional signs, not to exceed two square feet each, erected within the project itself to direct persons to a rental office or sample apartment.
(c) 
Permanent identifying signs for the purpose of indicating the name of the multifamily project and for the purpose of identifying the individual buildings within the project. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted, and no such sign shall exceed 10 square feet in size. Signs to identify the individual buildings within the project shall not exceed three square feet in size.
(4) 
Neighborhood Commercial Districts. The following signs shall be permitted:
(a) 
A business or commercial sign attached or displayed on the surface of a building to which it relates, provided that such sign is limited to 30 square feet and not more than one sign on any one street frontage.
(5) 
General Commercial, Industrial and Professional Enterprise Districts. The following signs shall be permitted:
[Amended 6-7-1977 by Ord. No. 33; 9-28-2009 by Ord. No. 206]
(a) 
Signs directing patrons, members or audiences to temporary exhibits, shows or events and signs erected in conjunction with a political election, provided that such sign shall not exceed six square feet, shall be removed within two weeks after the date of the exhibit, show, event or election and shall not be posted earlier than two weeks before the date of the exhibit, show or event and that political signs shall not be posted earlier than one month prior to an election.
(b) 
A business or commercial sign on the same lot as the use to which it relates, provided that such sign shall be limited to two square feet for each linear foot of horizontal building facade length, but not to exceed an aggregate area of 160 square feet.
(c) 
Special temporary promotional devices, signs or displays, such as banners or pennants, for a period not to exceed 15 days in any one calendar year.
(d) 
Panel-type signs (billboards). Signs which advertise products or services other than those which are sold on the premises where the signs are located shall be permitted to be erected only in the General Commercial and Industrial Districts under the following restrictions and controls, as well as all other applicable requirements:
[1] 
No advertising signs shall be permitted to be erected upon the roof of any building.
[2] 
Advertising signs shall be required to conform to the minimum yard dimensions for the district in which they are proposed to be erected.
[3] 
No billboards or advertising signboards shall exceed 300 square feet in area, nor shall any billboards or advertising signboards exceed 12 feet in vertical measurement or 25 feet in length.
[4] 
No advertising signs shall be erected within 1,000 feet of a designated residential district.
[5] 
No more than one panel (two sides) shall be permitted at one location.
[6] 
A minimum of 1,320 feet of distance shall be maintained between a proposed advertising sign and any other proposed or existing advertising sign. This minimum distance shall be measured radially from the furthest extension of any proposed or existing advertising sign.
[7] 
No advertising sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view, but in no event shall an advertising sign be located within 500 feet of any intersection.
[8] 
Section 184-35C of this chapter, entitled "Supplemental sign regulations," shall apply to the extent that any provisions thereof are more restrictive than the provisions heretofore set forth for panel-type signs (billboards).
[9] 
Nothing contained herein shall be construed to abrogate or affect the provisions of any lawful state or federal statute or regulation controlling outdoor advertising which are more restrictive than the provisions of this chapter.
C. 
Supplemental sign regulations.
(1) 
Projection. No sign shall project more than 12 inches from the building facade to which it is attached. No freestanding sign may project beyond the property line.
(2) 
Height. No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. A freestanding sign shall meet the height requirements of the particular district in which it is located.
(3) 
Clearance. No sign structure erected directly upon the ground shall have less than three feet of clear space between such sign and the ground; however, necessary supports may extend through such open space.
(4) 
Street intersections. No sign shall be erected, attached or displayed within 25 feet of the point of intersection, measured at the street line, at a street corner.
(5) 
Illumination. Signs may be lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that no red, green or amber lights shall be permitted and provided that lighting is screened from adjacent properties. No lights of intermittent, flashing or animated types shall be permitted.
(6) 
Placement. No signs shall be permitted which are posted, stapled or otherwise permanently attached to public utility poles or trees within the street line. No sign shall be located within 10 feet of any side property line.
(7) 
Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair.
(8) 
Nonconforming signs. Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired, provided that such repainting or repairing does not exceed the dimensions of the existing sign.
(9) 
A separate zoning permit shall be required prior to the erection or reerection, construction or reconstruction, alteration, razing, change or removal of any sign pursuant to § 184-51A.
[Added 2-6-1979 by Ord. No. 1-1979]
A. 
Off-street parking.
(1) 
Minimum parking requirements.
(a) 
Any building or other structure erected, enlarged, altered or used and any lot used or occupied for any of the following purposes shall be provided with the minimum off-street parking spaces as set forth herewith:
[1] 
Residential dwellings: two parking spaces for each dwelling unit.
[2] 
Churches, schools and public auditoriums: one parking space for every five seats provided.
[3] 
Hotels and motels: one parking space for each rental unit.
[4] 
Eating establishments: one parking space for every four seats.
[5] 
Retail stores: one parking space for each 200 square feet of gross floor area plus one space for each employee on the two largest shifts. (For shopping centers see § 184-32F.)
[Amended 3-11-2024 by Ord. No. 270]
[6] 
Wholesale establishments or warehouses: one parking space for each two employees in the maximum shift but at least one space for each 5,000 square feet of gross floor area.
[7] 
Manufacturing, industrial and general commercial uses not otherwise specified: one parking space for each two employees on the maximum shift but at least one space for each 5,000 square feet of gross floor area.
[8] 
Offices: one space for each 400 square feet of net rentable floor area.
[9] 
Bowling alleys: five spaces for each lane.
[10] 
Drive-in eating establishments: one space for each 50 square feet of gross building area.
[11] 
Other uses not specified: the same requirement as for the most similar use listed.
(b) 
Minimum design requirements. Each off-street parking space shall be not less than 180 unobstructed square feet of space, exclusive of all aisles and drives. Parking facilities shall be designed so that each vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle. A parking space within a garage shall be considered an off-street parking space meeting the requirements of this section if access can be provided in accordance with the requirements of this section. Off-street parking spaces shall be paved with an all-weather surface which may include stone, concrete or bituminous material.
[Amended 7-22-1996 by Ord. No. 118]
(2) 
Shared parking. One or more parking lots may be designed to service a multiple number of commercial uses so long as the total requirements shall be equal to the sum of the requirements of the component uses computed separately.
(3) 
Fractional spaces. When required parking computations result in fractions, any fraction below one-half (1/2) may be disregarded, and any fraction over one-half (1/2) shall be construed to require a full space.
(4) 
Reduction of existing parking. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for the particular district.
(5) 
Paving. All required parking areas and all access drives for commercial or industrial uses shall have a hard homogeneous all-weather surface.
(6) 
Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any street or on any residentially zoned property other than in completely enclosed buildings.
(7) 
Services. No service of any kind shall be permitted in any accessory parking facility.
B. 
Off-street truck loading.
(1) 
Required loading spaces. Every building or structure, lot or land hereafter put to a business or industrial use or existing building or structure enlarged shall provide one off-street truck loading space for the first 10,000 square feet or less of gross floor area, plus a minimum of one additional off-street truck loading area for each additional 40,000 square feet of gross floor area.
(2) 
Size of truck loading space. An off-street truck loading space shall have a minimum of 12 feet in width, a minimum of 35 feet in length and a minimum clear height of 14 feet.
[Amended 5-5-1981 by Ord. No. 37; 12-6-1993 by Ord. No. 103; 4-25-2005 by Ord. No. 184; 3-14-2016 by Ord. No. 234]
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,[1] 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]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Floodplain Conservation District applicability and administration.
(1) 
The regulations of the Floodplain Conservation District 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 zoning 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);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] 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.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(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 that 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.
(5) 
Enforcement. This section and all other sections of this Chapter 184, Zoning, shall be enforced in accordance with Article VII, Administration and Enforcement, including but not limited to § 184-54 and the MPC.
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 and grading, 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 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 bridges, culverts, pipes and associated facilities, paving, stone areas, grading, fencing, landscaping and all other changes to the site as well as 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:
[1] 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.
[2] 
The BFE.
[3] 
Supplemental information as may be necessary under the UCC.
(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 base flood.
[2] 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[3] 
Documentation, calculations, plans and computer models, as may be necessary, 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 flood proofing measures which have been incorporated into the design of the structure and/or the development.
(e) 
Detailed information needed to determine compliance within § 184-37O(6) Storage, and § 184-37P, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in § 184-37O(6) and § 184-37P which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 184-37P during a base flood.
(f) 
The appropriate component of the DEP "Planning Module for Land Development."
(g) 
Where any excavation or grading is proposed, a plan meeting DEP, Conservation District, and Township requirements to implement and maintain erosion and sedimentation control.
E. 
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, Conservation District, etc.) for review and comment.
F. 
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.
G. 
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, the date of its issuance, and be signed by the Zoning Officer.
H. 
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.
I. 
Identification of Floodplain Conservation District.
(1) 
The Floodplain Conservation District is all those areas of West Earl 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.
(2) 
The above referenced FIS and FIRM, and any subsequent revisions and amendments are hereby adopted by West Earl Township and declared to be a part of this section and the Floodplain Conservation District.
(3) 
The floodplain area as defined in § 184-37W.
(4) 
In those areas delineated as approximated floodplain in the FIS and FIRM or identified as floodplain areas, the BFE shall be determined by using other existing sources of data, such as those provided by the United States Army Corps of Engineers, United States Geologic Survey, or the Susquehanna River Basin Commission. In lieu of this, the Zoning Officer may require the applicant to determine the BFE through hydrologic and hydraulic study. Such study shall be signed, sealed and certified by a licensed professional engineer registered to perform such surveys and studies. Copies of the studies shall be submitted to the Township Engineer for review. When deemed appropriate by the Township, the Township may accept less information to evaluate the BFE.
J. 
Description and special requirements of identified floodplain areas of the Floodplain Conservation District.
(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.
(b) 
Special requirements:
[1] 
Any encroachment that would cause any increase in flood heights shall be prohibited.
[2] 
No new construction or development shall be allowed, unless a permit is obtained from the DEP regional office and the Township.
(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 DEP regional office and the Township.
[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.
(c) 
Permitted uses. The following uses and no others are permitted in the Floodplain Conservation District:
[1] 
Agriculture, horticulture and forestry, excluding any structures and excluding any grading or filling which would cause any increase in flood heights or frequency.
[2] 
Public and private recreational areas, such as parks, swimming areas, play areas, campgrounds, picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, bicycle paths and hiking and horseback riding trails, all excluding structures and excluding any grading or filling which would cause any increase in flood heights or frequency.
[3] 
Open space and front, side or rear yards required by other sections of this chapter.
[4] 
Stream restoration projects where flood heights and frequency will not be increased.
[5] 
Repair of existing bridges and culverts where flood heights and frequency will not be increased and water quality will not be impacted from the resulting structure.
[6] 
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to the following conditions:
[a] 
Facilities such as pipelines, gas lines, storm sewers, sanitary sewers, waterlines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations and underground communications 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 and in such a manner as will prevent flotation, minimize or eliminate flood damage and which will not cause any increase in flood heights and frequency.
[b] 
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.
(d) 
Special exception uses. The following uses are permitted in the Floodplain Conservation District only when special exceptions are granted by the Zoning Hearing Board as provided for herein:
[1] 
Water-oriented uses, such as docks, piers, wharves, marinas, boat liveries and boat launching ramps.
[2] 
Extraction of sand, gravel and other mineral resources, excluding topsoil.
[3] 
Installation of proposed bridges and culverts to cross the floodplain, which shall be minimized and only permitted when alternate viable access routes with reduced floodplain and/or environmental impact are not reasonably available, as determined by the Zoning Hearing Board. Proposed bridges and culverts shall not cause any increase in flood heights or frequency unless such increase is entirely contained on the subject property. The applicant shall demonstrate that the proposed bridge or culvert shall not increase adverse conditions that may adversely impact water quality following completion of the project.
(e) 
Prohibited uses. The following uses are prohibited in the Floodplain Conservation District:
[1] 
All structures, buildings and mobile homes, with the exception of those specifically allowed by this section.
[2] 
Sanitary landfills, dumps, junk- and salvage yards and outdoor storage of vehicles and/or materials.
[3] 
Damming or relocation of any watercourse, except as provided for in this section.
[4] 
Any parts of any on-site sewage disposal systems.
[5] 
The storage of buoyant, toxic or hazardous material.
[6] 
Grading or placement of fill which would cause any increase in flood height or frequency.
(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 DEP regional office and the Township.
[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, plans, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
(c) 
The provisions of § 184-37J(2)(c), (d), and (e), are applicable to the approximate floodplain area.
(4) 
Floodplain area.
(a) 
Description. Areas identified in § 184-37I(3).
(b) 
Special requirements. The provisions of § 184-37J(3)(b) are applicable to the floodplain area.
(c) 
The provisions of § 184-37J(2)(c), (d), and (e), are applicable to the floodplain area.
K. 
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 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.
L. 
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.
M. 
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 DEP regional office and the Township. 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.
N. 
Elevation and floodproofing requirements. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(1) 
Residential structures.
(a) 
In AE, Al-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 § 184-37J(3)(b)[2] and [3].
(c) 
In floodplain areas, 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 § 184-37J(3)(b)[2] and [3].
(d) 
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, Al-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:
[1] 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and,
[2] 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(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 § 184-37J(3)(b)[2] and [3].
(c) 
In floodplain areas, 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 § 184-37J(3)(b)[2] and [3].
(d) 
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 United States 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.
(e) 
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.
O. 
Design and construction standards. All new and substantially improved structures are prohibited in the identified floodplain except for those uses such as bridges and culverts permitted by § 184-37J(2)(c) and (d) unless a variance is granted. The following minimum standards shall apply for all construction and development of those uses such as bridges and culverts permitted by § 184-37J(2)(c) and (d) and uses for which a variance has been granted 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 three 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 storm water 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. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(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, it 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 No. 348, Protecting Building Utilities From Flood Damage, and the International Private Sewage Disposal Code shall be utilized.
(4) 
Other utilities. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted. All other utilities such as gas lines and 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 above the regulatory flood elevation. When permitted by the Township, the finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
Storage. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted. 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 § 184-37P, 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 no effect upon the flow and height of floodwater.
(8) 
Anchoring. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(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. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(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. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(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.
(11) 
Electrical components. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(a) 
Electrical distribution panels shall be at least three feet above the BFE.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12) 
Equipment. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted. 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 new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted. 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.
P. 
Development which may endanger human life.
(1) 
In accordance with the Pennsylvania Flood Plain Management Act,[5] 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.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
Within any floodway area, any structure of the kind described in § 184-37P(1) shall be prohibited.
(3) 
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 184-37P(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" (United States 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 § 184-37P(1) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
Q. 
Special requirements for subdivisions. All subdivision proposals and land development proposals 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. Notwithstanding the foregoing, where a subdivision plan proposes only changes in lot lines, the applicant is not required to submit hydrologic and hydraulic engineering analyses that determine BFEs and floodway information.
R. 
Special requirements for manufactured homes and recreational vehicles. All new and substantially improved structures are prohibited in the identified floodplain unless a variance is granted. The following provisions apply when a variance is granted:
(1) 
Within any floodway, manufactured homes and recreational vehicles shall be prohibited.
(2) 
Within a floodplain area, approximate floodplain or special flood hazard areas, manufactured homes shall be prohibited.
(3) 
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(a) 
Placed on a permanent foundation.
(b) 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above BFE.
(c) 
Anchored to resist flotation, collapse, or lateral movement.
(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 Building Code adopted as part of the UCC or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft 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 units(s) proposed installation.
(6) 
Within approximate floodplain or special flood hazard area, recreational vehicles must either:
(a) 
Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or
(b) 
Meet all of the requirements for manufactured homes in § 184-37T(2), (3), (4) and (5).
(7) 
Nothing contained in this subsection shall be construed to permit manufactured homes in the Floodplain Conservation District.
S. 
Prohibitions. In accordance with the administrative regulations promulgated by the DCED to implement the Pennsylvania Flood Plain Management Act,[6] the following activities shall be prohibited within any identified floodplain area.
(1) 
The commencement of any of the following activities; or the construction enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(a) 
Hospitals.
(b) 
Nursing homes.
(c) 
Jails or prison.
(2) 
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.
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
T. 
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 § 184-37U 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.
U. 
Improvements. The following provisions shall 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 that would cause any increase in the elevation of the BFE.
(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.
(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.
V. 
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 VIII 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 the Floodplain Conservation District, including but not limited to 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 on the subject property. No variance for any increase on property not owned by the applicant shall be granted unless the applicant presents written authorization for such increase from all owners of the property not held by the applicant.
(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.
(f) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
[1] 
The granting of the variance may result in increased premium rates for flood insurance.
[2] 
Such variance may increase the risks to life and property.
(g) 
In reviewing any request for a variance, the Zoning Hearing Board shall consider at a minimum, the following:
[1] 
That there is good and sufficient cause.
[2] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[3] 
That the granting of the variance will:
[a] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense:
[b] 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(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 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.
W. 
Definitions. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.
ACCESSORY STRUCTURE OR USE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
BASE FLOOD DISCHARGE
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).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the FIRM for Zones AE, AH, and 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.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
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.
DEVELOPMENT
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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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.).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
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.
FLOODPLAIN AREA
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.
FLOODPROOFING
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.
FLOODWAY
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC RESOURCE
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.
LOWEST FLOOR
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.
MANUFACTURED HOME
A type of single-family detached dwelling that meets all of the following requirements:
(1) 
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;
(2) 
It is designed for permanent occupancy;
(3) 
It arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations;
(4) 
It may be constructed so that it may be used without a permanent foundation.
(5) 
It is not a recreation vehicle.
MANUFACTURED HOME PARK OR SUBDIVISON
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.
NEW CONSTRUCTION
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 May 19, 1981, 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
OBSTRUCTION
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.
PERSON
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.
RECREATIONAL VEHICLE
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.
REGULATORY FLOOD ELEVATION
The BFE or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS
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.
SPECIAL FLOOD HAZARD AREA (SFHA)
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.
START OF CONSTRUCTION
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.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
A subdivision as defined in the MPC.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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.
UNIFORM CONSTRUCTION CODE (UCC)
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.
VIOLATION
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.
[Added 12-9-1986 by Ord. No. 59]
Adult establishments shall comply with the following standards and criteria:
A. 
No building that contains any adult establishment shall contain any other kind of adult establishment.
B. 
No more than one adult establishment shall be permitted in any one building.
C. 
No adult establishment shall be located within the following distances measured in a straight line, without regard to intervening structures, from the closest point of the building within which the adult establishment is located to the closest point of the following:
(1) 
Seven hundred fifty feet of any building within which is located another adult establishment.
(2) 
Seven hundred fifty feet of any A Agricultural, R-1 Low-Density Residential or R-2 Medium-Density Residential District.
(3) 
One thousand feet of the lot line of any lot upon which is located a school, church, child-care facility, public park or playground.
D. 
There shall be no display of sexually oriented devices, specified anatomical areas or specified sexual activities that can be seen from the exterior of the building.
E. 
No unlawful sexual activity or conduct shall be performed or permitted.
F. 
No adult establishment may change to another type of adult establishment except upon application to and approval by the Zoning Hearing Board of such change as a special exception subject to the criteria set forth herein.
[Added 5-14-1990 by Ord. No. 82]
Bed-and-breakfast establishments shall comply with the following standards and criteria:
A. 
One off-street parking space shall be provided for each bedroom rented to overnight guests.
B. 
Breakfast shall be the only meal offered, and meals may be offered only to registered guests.
C. 
No cooking facilities shall be permitted in any of the bedrooms rented to guests.
D. 
The bedrooms rented to guests shall be located within the single-family detached dwelling and shall not be located in any accessory structure.
E. 
There shall be no external alteration of the single-family detached dwelling except as may be necessary for reasons of safety.
F. 
Signs shall be permitted in accordance with the regulations governing signs for home occupations.
G. 
Operation of the bed-and-breakfast shall comply with all applicable municipal and state regulations.
[Added 5-14-1990 by Ord. No. 82; amended 7-9-2018 by Ord. No. 243; 1-28-2019 by Ord. No. 246]
A. 
Legislative intent. It is the intent of the Board of Supervisors in adopting these regulations to:
(1) 
Promote indirect lighting standards that will enhance the safety and enjoyment of pedestrians, bicyclists, and motorists.
(2) 
Prevent the creation of nuisances caused by unnecessary intensity and glare of outdoor lighting onto neighboring properties, roadways, and into the night sky.
(3) 
Promote lighting practices and systems to conserve energy without decreasing safety.
(4) 
Protect and retain the rural character of the Township.
B. 
Illumination requirements.
(1) 
Under-canopy lighting, for such applications as gas/service stations, hotel/theater marques, fast-food/bank/drugstore drive-ups, shall be accomplished using flat lens, full cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles.
(2) 
Wall-mounted luminaires intended for parking lot illumination on commercial, industrial, nonresidential, and multifamily residential buildings and structures shall have fixtures that cut off direct light from view. All parking lot and site perimeter lighting shall be located on poles or at ground level and must be directed towards the property interior. All luminaires designed for entryways and decorative purposes on nonresidential and multifamily residential buildings and structures which exceed 2,000 lumens (150 watts incandescent) shall have fixtures that cut off direct light from view.
(3) 
All nonresidential site light sources, and residential light sources higher than 12 feet, shall be directed away from public streets and private properties. The lamps shall be shielded in a manner so that they are not visible from the adjoining property. Sensor-controlled lamps exceeding 2,000 lumens (150 watts incandescent) shall have cutoff-type luminaires.
(4) 
Parking lot lighting designs may include luminaires of a particular "period" or architectural style as an alternative or supplement to the cutoff luminaires, provided that:
(a) 
If the fixtures are not cutoff luminaires, the maximum output shall not be more than 2,000 lumens (150 watts incandescent).
(b) 
Maximum luminaire mounting height shall not exceed 15 feet.
(5) 
In parking lots, luminaires shall be located on mast arms, where necessary, such that trees do not interfere with the required lighting.
(6) 
Parking facility, vehicular and pedestrianway lighting (except for safety, security applications and all-night business operations) for commercial, industrial, and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operations. When safety and security lighting is proposed for after-hours illumination, it shall not be in excess of 33% of the number of fixtures required or permitted for illumination during regular business hours.
(7) 
Light fixtures shall not exceed a height of 20 feet above grade except for the following:
(a) 
Where a parking lot contains at least 100 contiguous parking spaces, the maximum permitted height shall be 30 feet and luminaires must be fully shielded and have a cutoff angle of less than 90°.
(b) 
When the light source serves an off-street loading space and related maneuvering area, the maximum permitted height shall be 30 feet and luminaires must be fully shielded and have a cutoff angle of less than 90°.
(c) 
Recreational lighting for playing fields shall be permitted to have fixtures with a maximum height of 35 feet above finished grade, and luminaires must be fully shielded and have a cutoff angle of less than 90°.
(8) 
When required, streetlights shall be constructed in accordance with the regulations of Chapter 155, Subdivision and Land Development, except to the extent in which streetlights are required for a specific use as indicated in this chapter.
(9) 
Temporary holiday and special event lighting is permitted and shall be placed to prevent glare.
(10) 
Flood and/or spot lights shall be so shielded, installed, and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway or pedestrianway.
(11) 
Barn light (also known as "dusk-to-dawn lights"), where visible from other properties, shall not be permitted unless fully shielded.
(12) 
Luminaries shall not be permitted which shine into the night sky. Flood and/or spot lights utilized for the uplighting of building facades and landscaping shall have luminaires with a maximum output of no more than 1,800 lumens (100 watts incandescent) and shall be completely shielded to prevent glare into the night sky.
(13) 
All flags and flagpoles may be illuminated from dusk till dawn. Flag lighting sources shall not exceed 10,000 lumens (750 watts incandescent) per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.
(14) 
Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted, and aimed to place the light output onto and not beyond the sign or billboard.
(15) 
Interior illuminated signs shall consist of colored or opaque backgrounds utilizing lighter-colored text.
(16) 
Light trespass requirements.
(a) 
The maximum permitted illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving residential property.
(b) 
The maximum permitted illumination projected away from any property to a nonresidential use shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.
(17) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement.
(18) 
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this section that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:
(a) 
Minor corrective action, such as re-aiming or shielding can achieve conformity with applicable requirements of this chapter.
(b) 
It is deemed by the Township to create a safety hazard.
(c) 
It is replaced by another fixture or fixtures, abandoned, or relocated.
(d) 
There is a change in use.
(19) 
Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, is exempt from the provisions contained within this chapter.
(20) 
Federal- and state-required security lighting shall be exempt from the provisions contained within this chapter.
C. 
Exterior lighting plan.
(1) 
Any applicant for any approval shall submit an exterior lighting plan with the initial application. If the proposed use is authorized by special exception, the applicant shall present the exterior lighting plan as part of the application for a special exception. If the proposed use is as of right and requires subdivision or land development approval, the applicant shall submit an exterior lighting plan with the sketch plan if a sketch plan is mandatory or, if a sketch plan is not mandatory, with the preliminary subdivision or land development plan. Applicants desiring to install exterior lighting who do not require approval of a special exception or a subdivision or land development plan shall submit an exterior lighting plan with the application for a zoning permit.
(2) 
An exterior lighting plan shall include, but not be limited to, a detailed grid of illumination levels, a calculation as to the average illumination levels, the number of lighting fixtures, the height and location of the mounting fixtures, including the underside of any canopies, details as to how lighting will be recessed, and required details of how lighting will be shielded and the angle of the shielding when required, and details of any building- or canopy-mounted lighting to show that the outline and roofline provisions have been met.
[Added 5-14-1990 by Ord. No. 82]
A. 
Declaration of legislative intent. This section is adopted pursuant to the authority conferred by the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., and the Pennsylvania Municipalities Planning Code, Act of July 3l, 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Lancaster Airport and property or occupants of land in its vicinity, that an obstruction may affect existing and future instrument approach minimums of the Lancaster Airport and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Lancaster Airport. Accordingly, it is declared that:
(1) 
Creation of an obstruction has the potential of being a public nuisance.
(2) 
It is necessary in the interest of the public health, safety and general welfare that the establishment of obstructions that are a hazard to air navigation be prevented.
(3) 
The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
B. 
Definitions. Words and phrases in this section which are defined in the Aviation Code, 74 Pa.C.S.A. § 5102, shall have the meanings set forth therein. In addition, the following words and phrases shall have the meanings provided herein:
AIRPORT
The Lancaster Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area, measured in feet from sea level.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in Subsection D herein. In plan, the perimeter of the "approach surface" coincides with the perimeter of the approach zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.
NONPRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Subsection D herein.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR) or a runway for which a precision approach system is planned and is so indicated on an approach airport layout plan or any other planning document.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the "primary surface" extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the "primary surface" ends at each end of that runway. The width of the "primary surface" is set forth in Subsection D herein. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
Any object, including a mobile object, constructed or installed by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines, in addition to those objects as defined in § 184-7.
TRANSITIONAL SURFACES
Those surfaces extending outward at angles of 90º to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. "Transitional surfaces" for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at angles of 90º to the extended runway center line.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
C. 
Airport surface zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Lancaster Airport. Such airport zones are shown on the West Earl Township Height Limitation and Zoning District Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated 1989, which is attached to this chapter and made a part hereof.[1] An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows, recognizing that all such zones may not be located within the Township of West Earl:
(1) 
Utility Runway Visual Approach Surface Zone. Established beneath the visual approach surface, the inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2) 
Utility Runway Nonprecision Instrument Approach Surface Zone. Established beneath the nonprecision instrument approach surface, the inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(3) 
Runway Larger Than Utility Visual Approach Surface Zone. Established beneath the visual approach surface, the inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(4) 
Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Surface Zone. Established beneath the nonprecision instrument approach surface, the inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(5) 
Runway Larger Than Utility With a Visibility Minimum as Low as 3/4 Mile Nonprecision Instrument Approach Surface Zone. Established beneath the nonprecision instrument approach surface, the inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(6) 
Precision Instrument Runway Approach Surface Zone. Established beneath the precision instrument approach surface, the inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(7) 
Transitional Surface Zones. These zones are established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map.[2]
[2]
Editor's Note: Said map is on file in the office of the Township Secretary.
(8) 
Horizontal Surface Zone. This zone is established beneath the horizontal surface 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of five-thousand-foot radii for all runways designated as utility or visual and ten-thousand-foot radii for all other runways.
(9) 
Conical Surface Zone. The Conical Surface Zone is established as the area that commences at the periphery of the Horizontal Surface Zone and extends outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the office of the Township Secretary.
D. 
Airport zone height limitations.
(1) 
Except as otherwise provided in this section, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(a) 
Utility Runway Visual Approach Surface Zone: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(b) 
Utility Runway Nonprecision Instrument Approach Surface Zone: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(c) 
Runway Larger Than Utility Visual Approach Surface Zone: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(d) 
Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Surface Zone: slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(e) 
Runway Larger Than Utility With a Visibility Minimum as Low as 3/4 Mile Nonprecision Instrument Approach Surface Zone: slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(f) 
Precision Instrument Runway Approach Surface Zone: slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
(g) 
Transitional Surface Zones: slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, which for Lancaster Airport is 403 feet above mean sea level. In addition to the foregoing, when an airport has a Precision Instrument Runway Approach Surface Zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the Precision Instrument Runway Approach Surface Zone projects beyond the Conical Surface Zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at angles of 90º to the extended runway center line.
(h) 
Horizontal Surface Zone: established at 150 feet above the airport elevation or at a height of 553 feet above mean sea level for Lancaster Airport.
(i) 
Conical Surface Zone: slopes 20 feet outward for each foot upward beginning at the periphery of the Horizontal Surface Zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(2) 
Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 350 feet above the surface of the land.
E. 
Use restrictions.
(1) 
Notwithstanding any other provisions of this chapter, no use may be made of the land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(2) 
The zones established by this section represent overlay zoning districts that are concerned with permitted height and safe operation of aircraft. The underlying zoning district shall prescribe all other zoning-related standards and uses which shall be imposed upon any lands within the township. In those instances where an airport safety zone prescribes a height restriction different than that imposed by the underlying zoning district, the more restrictive standard shall apply.
F. 
Nonconforming structures or uses.
(1) 
Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section or otherwise interfere with the continuance of a nonconforming structure or use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and is diligently pursued.
(2) 
Marking and lighting. Notwithstanding the preceding provision of this Subsection F, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport owner.
G. 
Permits.
(1) 
Future uses.
(a) 
Except as specifically provided in Subsection G(1)(a)[1], [2] and [3] hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with Subsection G(4) herein.
[1] 
In the area lying within the limits of the Horizontal Surface Zone and Conical Surface Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
[2] 
In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones.
[3] 
In the areas lying within the limits of the Transitional Surface Zones beyond the perimeter of the Horizontal Surface Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such Transitional Surface Zones.
(b) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any height limits established by this section, except as set forth in Subsection G(4) herein.
(2) 
Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section or any amendments thereto or than it was when the application for a permit was made. Except as indicated, all applications for such a permit shall be granted.
(3) 
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these regulations.
(4) 
Variances. Any person desiring to erect or increase the height of any structure or permit the growth of a tree or use property not in accordance with the regulations prescribed in this section may apply to the Zoning Hearing Board for a variance from such regulations. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will be the minimum variance necessary to grant relief, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this section. Additionally, no application for a variance to the requirements of this section may be considered by the Zoning Hearing Board unless the applicant shall have furnished a copy of the application to the airport manager and to the registered owner of the real estate upon which the airport is located for advice as to the aeronautical effects of the variance. If the airport manager or the other owner of the real estate upon which the airport is located does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this chapter shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue.
(5) 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit the Lancaster Airport, at its own expense, to install, operate and maintain the necessary markings and lights.
H. 
Enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer upon a form published for that purpose. Applications required by this section to be submitted to the Zoning Officer shall be promptly considered and granted or denied. Applications for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning 0fficer.
[Added 5-14-1990 by Ord. No. 82]
Retirement homes shall comply with the following standards and criteria:
A. 
The minimum lot area shall be five acres. There shall be provided a front yard of 75 feet, a rear yard of 50 feet and two side yards which shall be not less than 50 feet. The minimum lot width shall be 250 feet.
B. 
Residential living units shall be exclusively for persons who are 55 years of age or older or for married couples with one spouse or both spouses being 55 years of age or older. No children under the age of 18 shall be permitted to reside in the facility.
C. 
All residential dwelling units shall contain no more than two bedrooms.
D. 
Support and retail facilities may be provided, but such facilities shall be limited for the use of the residents and their guests only. No outside advertising shall be permitted for such facilities. Permitted retail and support facilities shall be limited to barbershops and/or beauty salons, pharmacies, commissaries, newsstands, gift shops, snack bars and/or coffee shops, thrift shops, handicraft shops, post offices, dry cleaners and chapels.
E. 
Other support facilities in the retirement village may include, but shall not be limited to, lounge areas, reading rooms, craft rooms, common dining facilities for use by residents and recreational rooms.
F. 
There shall be eighty-five hundredths (0.85) off-street parking space per bedroom and one off-street parking space for each employee on the largest shift.
G. 
A nursing facility may be permitted which shall be designed for the temporary or long-term care of the residents of the retirement home. Care shall be limited to residents, and such care facility shall not exceed one bed per three dwelling units.
[Added 2-24-1992 by Ord. No. 88; 7-22-1996 by Ord. No. 118]
A. 
Area and bulk regulations for multifamily dwellings. All multifamily development shall conform to all of the requirements of the R-2 Residential District, except as modified by this § 184-43.
(1) 
Minimum lot area: five acres.
(2) 
Maximum density: six dwelling units per acre.
(3) 
Minimum distance between buildings: the height of the highest building.
(4) 
Minimum front yard: 75 feet.
(5) 
Minimum side yard: 50 feet.
(6) 
Minimum rear yard: 100 feet.
(7) 
Maximum lot coverage: 15%.
B. 
Area and bulk requirements for townhouse dwellings. All townhouse development shall conform to the requirements of the R-2 Residential District, except as modified by this § 184-43.
(1) 
Requirements for a townhouse development shall be as follows:
(a) 
Minimum lot area: one acre.
(b) 
Minimum lot width: 100 feet.
(c) 
Maximum density: six dwelling units per acre.
(2) 
Requirements for individual townhouse lots shall be as follows:
(a) 
Minimum lot area: 2,000 square feet.
(b) 
Minimum lot width: 22 feet.
(c) 
Minimum front yard: 30 feet.
(d) 
Minimum rear yard: 25 feet.
(e) 
Minimum side yard for the end of the row: 15 feet.
(f) 
All townhouse lots shall be provided with a means of access to both the front and rear yards which does not require passage through the dwelling unit. Access may be provided through pedestrian alleys at least three feet in width and at least one story in height between interior townhouse lots or by means of an easement across the front and rear yards of all townhouse lots and the side yards of end of row townhouse lots for each group of townhouse dwellings.
C. 
Sewer and water service. All multifamily and townhouse dwellings shall be provided with public sewer and water service.
D. 
Off-street parking facilities.
(1) 
Number of spaces. Three off-street parking spaces shall be provided for each dwelling unit. Each off-street parking space shall meet all requirements for the design of off-street parking spaces set forth in § 184-36 of this chapter.
(2) 
Location. Required parking spaces for multifamily dwellings and for townhouse dwellings which are not on individual lots shall be provided on the same lot as the building served. Where townhouse dwellings are located on individual lots, at least two off-street parking spaces shall be provided on each townhouse lot. The third required off-street parking space where townhouse dwellings are located on individual lots may be provided through on-street parking, if sufficient on-street parking which does not interfere with access to driveways and garages exists or may be provided for by means of parking compounds.
(3) 
Standards for parking compounds.
(a) 
All outdoor parking spaces and access drives shall be at least 15 feet from any multifamily dwelling or townhouse building on the lot and from all exterior lot lines.
(b) 
Parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the parking compound.
(c) 
Entranceways and exitways shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.
(d) 
All dead-end parking compounds shall be designed to provide sufficient backup area for the end stalls of the parking area.
(e) 
Evergreen plantings shall be provided of sufficient height and density to screen off-street parking from public street view and from adjoining residential districts. A plan specifying the type, size and location of existing and proposed planting material shall be submitted with the application for a special exception.
(f) 
All accessways and parking areas shall be suitably paved with a permanent hard-surface covering.
(g) 
Entranceways and exitways and interior accessways shall be designed so as to prevent blocking of vehicles entering or leaving the site.
(h) 
Other requirements deemed necessary by the Zoning Hearing Board for the public safety shall be complied with.
(i) 
The applicant shall present a plan for the ownership and maintenance of the parking compound.
E. 
Buffer yard and screening. A twenty-foot-wide buffer yard with a permanently maintained vegetative screen shall be required between any multifamily or townhouse building and any abutting existing single-family detached dwelling that is within 125 feet of the proposed multifamily or townhouse building. The vegetative screen shall be composed of plantings suitable for the area. Trees shall be at least six feet in height when planted, and shrubs shall be at least three feet in height when planted. Trees shall be planted on ten-foot centers, and shrubs shall be planted on three-foot centers. The applicant shall present a landscaping plan setting forth the amount and types of plantings proposed with his application for a special exception, and the Zoning Hearing Board shall review the landscaping plan for conformance with these requirements. The Zoning Hearing Board may impose additional landscaping requirements as conditions upon the granting of a special exception to permit development of multifamily or townhouse dwellings if the evidence presented to the Zoning Hearing Board demonstrates that such conditions are needed to protect the health, safety and welfare of the neighborhood.
F. 
Common open space. For any development involving 12 or more dwelling units, a minimum of 20% of the total land area shall be permanently reserved as common open space. The common open space shall be so designated on the plans, and the plans shall contain a notation stating "Common open space shall not be separately sold and shall not be further developed or subdivided." The common open space shall comply with the following regulations:
(1) 
The common open space shall be substantially contiguous and shall be interconnected with common open space on abutting parcels whenever possible. In no case shall lands which are unusable because of inaccessibility, excessive smallness or narrowness or any other factor be proposed for open space.
(2) 
The common open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic. Such easements shall be a minimum of 10 feet for pedestrian and bicycle traffic and a minimum of 20 feet for maintenance vehicle traffic. Common open space areas shall be provided with perimeter area parking when the common open space is to be dedicated to the township.
(3) 
The common open space shall not include lots, streets or parking areas. No more than 50% of the common open space shall contain detention basins, retention basins or other stormwater management facilities. The common open space shall either be improved for active recreational use or, if the area contains natural features such as trees, wetlands or wildlife habitat, the common open space may be left unimproved.
(4) 
In no case shall required common open space area be less than 50 feet in width or length or have a ratio of the longest to the shortest dimension exceeding four to one, except areas of pedestrian trails and/or areas to preserve a scenic corridor. It is the express intention of this provision to prohibit common open space from being a narrow area along the perimeter of the tract unless such area is part of an existing trail system or can be connected to a trail system.
(5) 
The common open space shall be owned and maintained in a manner to ensure its preservation. This shall be accomplished through one of the following:
(a) 
An offer of dedication to the township or other governmental agency. The township or other governmental agency shall not be obligated to accept dedication of the common open space.
(b) 
With permission of the township, and with appropriate deed restrictions in favor of the township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land and the organization must enter into a maintenance agreement with the township.
(c) 
If the township does not accept dedication of the common open space, the developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the developer shall prepare an appropriate declaration in language to the Township Solicitor which shall contain the following requirements:
[1] 
The organization shall not dispose of the common open space by sale or otherwise except to the township, unless the township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.
[2] 
The organization and all lot owners shall enter into a maintenance agreement with the township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
[3] 
The organization shall establish a reserve fund to provide for maintenance of or capital improvements to the common open space. The cost of such maintenance or improvements shall be assessed against the properties within the development that have a right of enjoyment of the common open space.
G. 
Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be completely screened with evergreen plantings, and all trash and rubbish shall be contained in airtight, vermin-proof containers. An accessory building not more than five feet in height and not more than 200 square feet in size may be erected outside the main or other accessory buildings for the storage of trash and rubbish containers, but such building shall be screened with evergreen plantings on at least three sides and shall comply with all setback and other requirements of this section. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.
H. 
Traffic study. All multifamily and townhouse dwelling developments proposing more than 12 dwelling units shall provide a traffic study which shall meet all of the requirements of § 184-32I herein. The traffic study shall be submitted with the application for a special exception.
I. 
Review of special exception application by Township Planning Commission. All applications for special exceptions to develop multifamily developments or townhouse developments shall be simultaneously filed by the applicant with the Township Planning Commission for its review and recommendation to the Zoning Hearing Board. The applicant shall provide the Township Planning Commission with a complete copy of the application, including copies of all plans and a copy of the traffic study if the proposed development will contain more than 12 dwelling units. The applicant shall present the Zoning Hearing Board with evidence that the applicant has complied with the requirements of this subsection at the hearing.
[Added 6-12-1995 by Ord. No. 107]
A. 
A communications tower or antenna that is mounted on an existing structure and which does not extend more than 10 feet higher than the structure on which it is located is permitted as of right in the A Agricultural District, C-1 Neighborhood Commercial District, C-2 General Commercial District and I Industrial District. All other uses associated with the communications tower or antenna, including but not limited to a maintenance facility, or vehicle and equipment storage shall not be located on the property unless such use is permitted within the zoning district and all appropriate permits and approvals are obtained.
B. 
A communications tower or antenna that is either not mounted on an existing structure or is more than 10 feet higher than the structure on which it is mounted is permitted by special exception in the agricultural, commercial (neighborhood and general) and industrial zoning districts, subject to the following:
(1) 
The applicant shall be required to demonstrate, using technological evidence, that the communications tower or antenna is best located at the site proposed in order to satisfy the function of the communications tower or antenna within the larger communications system.
(2) 
The applicant must demonstrate that the communications tower or antenna is the minimum height required to function satisfactorily.
(3) 
If a new communications tower or antenna support structure is constructed (as opposed to not being the tower or antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:
(a) 
Thirty percent of the height of the support structure;
(b) 
The minimum setback in the underlying zoning district; or
(c) 
Forty feet.
(4) 
The applicant shall demonstrate that the proposed tower or antenna support structure is safe and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.
(5) 
A fence and screening shall be required around the tower or antenna support structure and other equipment, unless the tower or antenna is mounted on an existing structure. The fence shall have a minimum height of eight feet; screening shall be in accordance with the relevant screening provisions of the zoning district in which the tower or antenna is to be erected.
(6) 
The applicant must be licensed by the Federal Communications Commission.
(7) 
No tower or antenna may be artificially lighted except when required by the Federal Aviation Administration.
(8) 
All other uses associated with the communications tower or antenna, such as a business office, maintenance depot or vehicle storage, shall not be located on the tower or antenna site unless the use is otherwise permitted in the zoning district in which the tower or antenna is located.
C. 
Prior to issuance of a building permit, the applicant shall verify for the township that the communications tower or antenna plans have been reviewed by a licensed engineer and that the communications tower or antenna is to be constructed in accordance with published industry standards.
[Added 7-22-1996 by Ord. No. 118]
If a use is neither specifically permitted nor prohibited under this chapter, and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall inform the applicant that such use may be authorized by special exception if such use meets the requirements of this section. If the applicant applies to the Zoning Hearing Board for a special exception, the Zoning Hearing Board shall permit the use or deny the use in accordance with the standards for the consideration of special exceptions contained in this chapter. The use may be permitted if it is of the same general character as the enumerated permitted uses in the zoning district, is in accordance with the intended purpose of the zoning district, is compatible with the permitted uses in the zoning district and is not permitted in any other zoning district by this chapter. The use shall comply with all performance standards applicable to permitted uses in the district. The duty to present evidence and the burden of proof shall be on the applicant to demonstrate that the proposed use meets all of the requirements of this section and all applicable area and bulk regulations.
[Added 11-9-2009 by Ord. No. 207]
A. 
This section of the Zoning Ordinance is intended to provide development and design criteria for the Traditional Residential Development Option (TRDO). The purpose and objectives of the TRDO are outlined as follows:
(1) 
To provide an optional approach to community residential development with provisions to permit more efficient utilization of land and of community facilities and services;
(2) 
To encourage innovative residential land development and smart growth techniques within urban growth boundaries that will conserve open space and protect environmentally sensitive areas.
(3) 
To efficiently utilize undeveloped land by introducing traditional town and village characteristics that is generally compatible to the rural and suburban landscape of West Earl Township.
(4) 
To allow for compact and visually unified mixed-use residential developments, while integrating village greens and TRDO open space.
(5) 
To implement the recommendations concerning natural features, development, utilities, transportation, housing, and land use, as outlined within the Comprehensive Plan.
B. 
Traditional Residential Development Option (TRDO), as further defined under Article II of this Zoning Ordinance, shall be permitted by conditional use within the R-2 Zoning District.
C. 
The following general design and eligibility standards shall apply to the TRDO:
(1) 
A minimum of 20 acres of contiguous lot area shall be required to accommodate the TRDO. "Contiguous lot area" shall be defined as a parcel of land that is owned under a single deed or parcels of land that are owned under multiple deeds, provided that the parcels of land are contiguous to each other having common deed boundaries and are not physically separated by parcels of land owned by other individuals or parties. West Earl Township shall consider contiguous parcels of land that are physically separated by existing public roads, utility easements or rights-of way, streams and/or other natural features, provided that the applicant demonstrate that the TRDO can be harmoniously designed as a planned unified development.
(2) 
The TRDO shall not exceed a residential density of four residential dwelling units per gross acre. A lot within other zoning districts may be included as part of the residential density calculation, provided that all residential uses shall be located within the R-2 Zoning District; the lot is owned by the applicant; and the lot is contiguous with the parcel(s) of land being developed as a TRDO. If the contiguous lot is included as part of the residential density calculation, such lot shall be depicted on the conditional use site plan and shall be considered part of the lot area of the TRDO.
(3) 
The TRDO shall be serviced by public sanitary sewage disposal facilities, which shall be planned in accordance with the most recent update to the West Earl Township Sewage Facilities Plan, as prepared and adopted to comply with Pennsylvania Sewage Facilities Act (PA Act 537, as amended)[1] as well as any ordinances adopted by West Earl Township. All sewage disposal facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Sewer Authority and the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1.
(4) 
The TRDO shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by West Earl Township. All water supply facilities shall be designed with sufficient capacities, which shall be subject to the review and approval of West Earl Township, the West Earl Water Authority and the Pennsylvania Department of Environmental Protection.
(5) 
TRDO Open Space shall be provided in accordance with the provisions of § 184-43.3I of the Zoning Ordinance. Thirty percent of the gross lot area of the TRDO shall be maintained as TRDO open space in accordance with the provisions of § 184-43.3I of the Zoning Ordinance. Subject to the provisions of § 184-43.3I, TRDO open space may be located within other zoning districts, provided that the lot area in the other zoning district is owned by the applicant and is contiguous with the R-2 Zoning District land being developed as a TRDO under this § 184-43.3.
D. 
The TRDO may include the following permitted uses:
(1) 
Single-family detached dwelling units.
(2) 
Single-family semidetached dwelling units.
(3) 
Townhouse dwelling units.
(4) 
TRDO open space.
(5) 
Municipal uses.
E. 
The TRDO shall be designed as a planned mixed-use residential community. The following chart provides the required land use composition within the TRDO:
TRDO Mixed-Use Residential Requirements
Permitted Residential Land Use
Minimum Percentage
Maximum Percentage
Single-family detached dwelling units
30%
60%
Single-family semidetached dwelling units
10%
40%
Townhouse dwelling units
10%
40%
NOTE: The minimum and maximum percentage values identified on this chart are based upon the total number of residential units permitted within the TRDO.
F. 
The following minimum and maximum dimensional requirements shall apply to the permitted residential uses contained within the TRDO:
(1) 
Single-family detached dwelling units shall comply with the following minimum and maximum dimensional provisions:
(a) 
The minimum lot area shall be 5,000 square feet.
(b) 
The minimum lot width shall be 50 feet.
(c) 
The minimum front yard setback required shall be 15 feet.
(d) 
The minimum side yard setback shall be five feet, as measured from each side.
(e) 
The minimum rear yard setback shall be 10 feet.
(f) 
The maximum building coverage shall be 40%.
(g) 
The maximum impervious coverage shall be 60%.
(h) 
The maximum height of the building shall be 35 feet. The maximum height may be increased to 45 feet or three floors provided that a sprinkler system or other fire suppression apparatus is installed as per code requirements and that adequate water supply and pressure is available for fire suppression and protection.
(i) 
Accessory buildings or structures shall be located within the side yard or rear yard. The minimum setback requirement shall be five feet from the side or rear property line.
(j) 
All proposed single-family detached dwelling units contained within the TRDO shall be located at least 30 feet from any property line or property, which is not owned by the applicant in predevelopment conditions.
(2) 
Single-family semidetached dwelling units shall comply with the following minimum and maximum provisions:
(a) 
The minimum lot area shall be 3,000 square feet.
(b) 
The minimum lot width shall be 30 feet.
(c) 
The minimum front yard setback required shall be 15 feet.
(d) 
The minimum side yard setback shall be five feet for the side of the building that does not feature a common wall with another single-family semidetached dwelling unit.
(e) 
The minimum rear yard setback shall be 10 feet.
(f) 
The maximum building coverage shall be 50%.
(g) 
The maximum impervious coverage shall be 75%.
(h) 
The maximum height of the building shall be 35 feet. The maximum height may be increased to 45 feet or three floors, provided that a sprinkler system or other fire suppression apparatus is installed as per code requirements and that adequate water supply and pressure is available for fire suppression and protection.
(i) 
Accessory buildings or structures shall be located within the side yard or rear yard. The minimum setback requirement shall be three feet from the side or rear property line. The side yard setback requirement shall not apply to the side of the building that does not feature a common wall with another single-family semidetached dwelling unit.
(j) 
All proposed single-family semidetached dwelling units contained within the TRDO shall be located at least 30 feet from any property line or property, which is not owned by the applicant in predevelopment conditions.
(3) 
Townhouse dwelling units shall comply with the following minimum and maximum provisions:
(a) 
Townhouse dwelling units may be included within an individual owner-occupied lot within the TRDO or as a freestanding owner-occupied dwelling unit within the TRDO.
(b) 
The minimum width of a townhouse unit shall be 20 feet.
(c) 
The minimum front yard setback required shall be 15 feet.
(d) 
The minimum building separation from other groups of townhouse units within the TRDO shall be as follows: 60 feet when townhouse unit groups are orientated front to front; 40 feet when the townhouse unit groups are orientated rear to rear; 30 feet when the townhouse unit groups are orientated side to rear; and 20 feet when the townhouse unit groups are orientated side to side.
(e) 
The number of townhouse dwelling units attached in a common row shall not exceed eight attached townhouse dwelling units.
(f) 
No more than 70% of the designated area for the townhouse dwelling units shall be covered by buildings.
(g) 
No more than 85% of the designated area for the townhouse units shall be covered by impervious surfaces.
(h) 
The maximum height of the building shall be 35 feet. The maximum height may be increased to 45 feet or three floors, provided that a sprinkler system or other fire suppression apparatus is installed as per code requirements and that adequate water supply and pressure is available for fire suppression and protection.
(i) 
Accessory buildings or structures shall be located within the rear yard. The minimum setback requirement shall be three feet from the side or rear property line of the lot occupied by the townhouse unit. The side yard requirement shall not apply to the side of the building that does not feature a common wall with another townhouse dwelling unit.
(j) 
All proposed townhouse dwelling units contained within the TRDO shall be located at least 30 feet from any property line or property, which is not owned by the applicant in predevelopment conditions.
(4) 
Except as permitted by § 184-43.3I(5), all permitted residential dwelling units shall be located within the R-2 Zoning District.
(5) 
All permitted buildings and structures contained within the area designated as TRDO Open Space shall be located at least 40 feet from any property line or property, which is not owned by the applicant in predevelopment conditions.
G. 
The TRDO shall be designed in accordance with the following engineering and streetscape criteria:
(1) 
The TRDO shall be designed with an interconnected and broadly rectangular pattern of blocks, streets and lanes defined by buildings, public open space and streetscapes. The TRDO should be designed to promote a more efficient use of the land and lower the costs of infrastructure and public services. Compact development patterns should also promote social interaction by including a diversity of uses and encouraging pedestrian movement.
(2) 
The TRDO shall be designed in accordance with the design criteria specified within the West Earl Township Subdivision and Land Development Ordinance. Should any conflict exist between this section of the Zoning Ordinance and the design criteria of the Subdivision and Land Development Ordinance,[2] the design criteria of § 184-43.3 of the Zoning Ordinance shall be utilized for the TRDO.
[2]
Editor's Note: See Ch. 155, Subdivision and Land Development.
(3) 
Clear sight triangles at proposed road intersections with roads external to the development shall comply with the provisions specified by West Earl Township. However, internal road intersections shall have clear site triangles consistent with PennDOT safe-stopping distance regulations in effect when the application for a conditional use is filed.
(4) 
At least one public entrance for each permitted residential use shall be oriented towards the front lot line or street side lot line. Vehicular openings such as those for garages and carports shall not constitute a public entrance.
(5) 
The following chart provides a summary of the design standards and specification for the proposed streets within the TRDO:
TRDO Street Design Standards and Specifications
Street Type
Design Speed
(mph)
ROW Width
(feet)
Cartway Width
(feet)
Travel Lanes
Parking
(number of sides)
Sidewalks
Curbs
Curb Radii
Boulevard
25
54
16 per side
2
2
Yes
Yes
25
Collector
25
50
30
2
2
Yes
Yes
25
25
40
28
1
1
Yes
Yes
20
Local Street
25
50
30
2
2
Yes
Yes
20
25
40
26
2
1
Yes
Yes
20
Neighborhood
25
40
26
2
1
Yes
Yes
20
Service Street
15
16
8
1
None
No
No
N/A
(1)
The following street types contained within the TRDO are hereby defined:
BOULEVARD — A collector street provided with a landscaped median. Boulevards may also provide circulation around squares or neighborhood parks.
COLLECTOR — A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route and gives access to community facilities and collector streets.
LOCAL STREET — A minor street which, in addition to providing access to abutting properties, intercepts neighborhood streets to provide a route and gives access to community facilities and/or other collector and major streets.
NEIGHBORHOOD — A minor street used primarily to provide access to abutting properties.
SERVICE STREET — A minor street or lane providing secondary vehicular access to the side or rear of abutting properties.
(2)
The street design standards for right-of-way width, cartway width, travel lanes, on-street parking, curbing, sidewalks, and curb radii shall be considered as minimum requirements to accommodate the TRDO as well as any emergency management vehicles and maintenance vehicles that may need to gain access to the TRDO.
(6) 
Streetlighting shall be provided along all streets, which shall be designed to consider both pedestrian and vehicular safety as well as enhance the character of the TRDO. More frequently placed smaller-scale lights, as opposed to fewer, taller, high-intensity lights, shall be considered as part of a lighting plan. The scale of lighting fixtures and the illumination provided must be appropriate for both pedestrian and vehicular movements. Streetlights shall be provided in a manner consistent with the architectural guidelines of the TRDO, which shall be subject to the review and approval of West Earl Township.
(7) 
Pedestrian access from the public sidewalk, street right-of-way or driveway to the front doorway of the principal residential dwelling unit shall be provided via an improved impervious surface.
(8) 
In order to make the living area of a residence more visually dominant than its parking facilities, all garages or carports (whether detached, attached to or incorporated within the principal structure) shall be recessed at least 10 feet behind the front facade of the principal structure or required minimum front yard setback, whichever is greater. When a driveway or lane is present, garages shall be located in the rear yard and accessed through the driveway or lane.
(9) 
Curb cuts and driveways for parking facilities shall be a maximum of 24 feet wide to permit two-way travel lanes and 12 feet to permit one-way travel drives. The curb radii shall be the minimum possible dependent upon width of road, width of driveway and location of parking.
(10) 
Parking areas, driveways and access drives for residential uses within the TRDO shall comply with the following minimum setback requirements from any property line: one foot for single-family detached units; zero feet for the common property line of a single-family semidetached unit and five feet for all other property lines; zero feet for the internal common off-street parking area of townhouse units within the development and 20 feet from all exterior property lines and existing street right-of-way lines.
(11) 
Except as specified below, all proposed off-street parking spaces within the TRDO shall comply with the design standards specified under § 184-36 of this Zoning Ordinance. In addition, the following provisions shall apply:
(a) 
A minimum of two off-street parking spaces shall be required for each residential use within the TRDO.
(b) 
Each parking space for a dwelling shall be designed and arranged so that each vehicle may proceed to and from the parking space without requiring the moving of any other vehicle. Parking spaces shall be provided behind the street right-of-way and may take the form of garages, carports or driveways.
(c) 
When required to accommodate the parking requirements of any specific use, off-street parking lots shall be permitted only to the rear or side of the principal structure. No required parking shall be permitted in the front yard.
H. 
The TRDO shall be designed in accordance with the following architectural and landscaping criteria:
(1) 
The TRDO shall be designed as a unified village atmosphere with unique or enhanced architectural values. As part of the conditional use application, the applicant shall submit a set of guidelines, which shall include character, style, scale, proportions, and detailing of the proposed residential dwellings within the TRDO. The proposed architectural designs shall reflect and be compatible with the traditional design of buildings in West Earl Township and the surrounding area.
(2) 
The applicant shall provide a conceptual landscape plan, prepared by a registered landscape architect or qualified professional with landscape architecture experience. The landscape plan shall include the following:
(a) 
Identification and location of existing vegetation to be retained.
(b) 
The type and size of proposed vegetation.
(c) 
Location and specifications of lighting proposed for all portions of the open space.
(d) 
The type, size and location of proposed street trees.
(e) 
The type, size and location of landscaping for areas to be screened or buffered.
(f) 
The type, size and location of landscaping for off-street parking areas.
(3) 
The TRDO shall include two new trees per residential dwelling unit. The trees should be a minimum caliper of two inches in caliper and shall be planted either as street trees, as part of the buffer yard, as part of a riparian buffer, or within the areas designated as common open space.
(4) 
Street trees shall be incorporated within the TRDO in accordance with the following criteria:
(a) 
A minimum of one deciduous canopy tree per 50 feet of street frontage, or faction thereof, shall be planted parallel to the street along all streets and access roads, except for alleys.
(b) 
Street trees shall not be permitted within any required clear sight triangle.
(5) 
The TRDO shall provide a twenty-foot wide buffer yard and planting screen along the property lines at the perimeter of the development tract to enhance the privacy of the adjacent property owners. The design of the landscape and planting screen shall be subject to the approval of West Earl Township. The use of existing healthy mature trees (12 inches or more in caliper) should be utilized as part of the required buffer yard.
I. 
The land or water areas designated as TRDO open space shall comply with the following design standards and specifications:
(1) 
TRDO open space may consist of TRDO common open space which shall be designed and maintained for the use and enjoyment of all the residents of the TRDO, and TRDO general open space which shall be restricted as to use but not open for the use of the residents of the TRDO. The conditional use plan shall identify the type and location of the TRDO open space.
(2) 
A minimum of 30% of the lot area of the TRDO shall be set aside as TRDO open space, which shall be perpetually preserved by deed or in a manner as set forth in Subsection I(15) below, as the case may be, to restrict future development or other uses that may conflict with the purpose of the TRDO open space.
(3) 
Lot area within other zoning districts may be included as part of the TRDO open space, provided that at least 1/3 of the required TRDO open space is retained within the R-2 Zoning District as TRDO common open space; and the lot area is contiguous with the lot area being developed as a TRDO. The land outside of the R-2 Zoning District may be either TRDO common open space or TRDO general open space.
(4) 
The areas designated as TRDO common open space may include active and passive recreation uses; a village green; an open air pavilion; natural features; environmentally sensitive land areas; endangered habitats; historical resources; community gardens for residents of the TRDO; municipal uses; and similar uses or features determined appropriate by West Earl Township.
(5) 
The areas designated as TRDO general open space may include no more than one single-family home, provided such home is located on a farm or on land utilized or occupied by a farm use; the only structures permitted are for the one single-family home, agricultural uses, recreational use and associated accessory structures; horse stables or barns that would not be a CAFO or CAO as defined by this ordinance; crops; vegetables; community gardens for the public or for rent; passive recreation for the owners; pasture use or woodland conservation. The following uses are specifically prohibited in TRDO general open space: a CAFO or CAO as defined by this ordinance; and any structure greater than 10,000 square feet. Lot area designated as TRDO general open space that is used as a farm or occupied by a farm use must be subject to a permanent agricultural conservation easement in a form acceptable to West Earl Township. The applicant shall submit a draft conservation easement as part of its conditional use application.
(6) 
TRDO common open space must be available for use by the residents of the TRDO. TRDO general open space may not be available for use by the residents of the TRDO. The TRDO general open space must be deed restricted to remain in open space subject to the provisions of Subsection I(5). The TRDO general open space restrictions shall identify the type and manner of the access rights, if any, afforded to the residents of the TRDO.
(7) 
In no event shall the applicant provide less than 1/3, i.e., 10% of the lot area of the TRDO, of the required TRDO open space as TRDO common open space.
(8) 
No more than 20% of the required TRDO common open space shall be located on lands within areas that are located within the 100-year floodplain and/or areas delineated as wetlands.
(9) 
No more than 20% of the required TRDO common open space shall include land areas that are burdened by utilities contained within easements and/or stormwater management facilities.
(10) 
Significant natural features including floodplains, surface waters, wetlands, woodlands, rock outcroppings, and other significant natural features shall be incorporated into the overall design of the TRDO open space.
(11) 
The TRDO common open space shall be planned and located as an accessible area within the TRDO. Existing and/or proposed roads may bisect the areas designated as TRDO common open space, provided a cross walk at grade is safely designed to link the TRDO common open space areas.
(12) 
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails. Planned linkages to other open space areas within other adjacent residential developments shall be considered by the applicant as part of the conditional use application.
(13) 
The total land area designated to comply with the minimum TRDO open space requirements shall be comprised of areas not less than 20 feet in width and shall not contain less than 5,000 square feet of land. In addition, there shall be at least one designated TRDO common area or village green that is within the TRDO containing no less than 25% of the required TRDO common open space.
(14) 
For all TRDO general open spaces, satisfactory written agreements shall be executed as a declaration of covenants and restrictions in perpetuity for the preservation of the TRDO general open spaces. A separate agreement(s) shall also contain a plan for the ownership and maintenance of the TRDO common open space in accordance with Subsection I(15) below. The written agreements shall be subject to the review and approval of West Earl Township, and shall be recorded with the approved final plan. TRDO general open space may be conveyed to a third party subject to the recorded declaration of covenants and restrictions.
(15) 
The applicant shall make arrangements, provisions and/or agreements to ensure that the TRDO common open space shall continue to be adequately managed and maintained. The applicant shall have the following options for ownership, management and maintenance of the TRDO common open space:
(a) 
Retain the ownership, management and maintenance responsibilities.
(b) 
Dedicate the land encompassing the TRDO common open space to a homeowners' association which is comprised of all the residents of the development; or
(c) 
Dedicate the land encompassing the TRDO common open space to West Earl Township, who shall have the option to accept or refuse the land offered for dedication
(16) 
The provisions specified herein for TRDO open space do not relieve the applicant of other requirements for open space and recreation, as specified by West Earl Township, with which the applicant shall comply.
J. 
The TRDO shall be subject to the following application and plan processing procedures:
(1) 
The TRDO shall be permitted by conditional use within the R-2 Zoning District. The general provisions for conditional uses are contained under § 184-70.1 of the Zoning Ordinance. Where conflicts exist between §§ 184-43.3 and 184-70.1 of the West Earl Township Code, the provisions specified under § 184-43.3 shall apply to the TRDO.
(2) 
As part of the conditional use application, the applicant shall be responsible for preparing and submitting a conditional use plan, which shall include the following information:
(a) 
The project name or identifying title of the TRDO.
(b) 
The name and address of the landowner, applicant, and firm that prepared the plan.
(c) 
The file or project number assigned by the firm that prepared the plan, plan date, and dates of all plan revisions.
(d) 
A North arrow, graphic scale, and written scale.
(e) 
The entire tract boundary with bearings and distances, and identification of all corner markers.
(f) 
A location map at a minimum scale of one inch equaling 2,000 feet, showing the relation of the tract to adjoining property and to all streets, municipal boundaries, and streams located within 1,000 feet of any part of the TRDO tract.
(g) 
To the degree that the data is available from Lancaster County GIS Mapping, existing adjacent land uses and lot lines within 200 feet of any part of the TRDO tract, including the location of all public and private streets, drives or lanes, railroads, historic sites, and other significant natural or man-made features.
(h) 
Names of all immediately adjacent landowners, and names and plan book numbers of all previously-recorded plans for adjacent projects.
(i) 
Contours at vertical intervals of two feet or less for land with average natural slope of 12% or less, and at vertical intervals of five feet for more steeply sloping land; location of bench mark and datum used.
(j) 
Areas subject to the one-hundred-year flood, wetlands, water bodies, habitats of endangered species, caves, historic sites, archeological sites, and woodlands.
(k) 
Soil types as indicated by the most recent U.S.D.A. Soil Conservation Service Soil Survey of Lancaster County.
(l) 
Existing landmarks within the proposed development, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.
(m) 
Site data including, but not limited to, the following: total acreage of the tract; the zoning districts; the proposed use of the land; the proposed gross area of the development; the proposed gross residential density; the proposed number of lots and dwelling units; the proposed mix of residential dwelling types; the acreage and percentage of common open space; the proposed number of off-street parking spaces; the total lot coverage; the total building coverage; and other useful information as may be required by West Earl Township.
(n) 
Location and surface materials of all streets' access drives, parking compounds, sidewalks, bikeways, and curbing with approximate dimensions.
(o) 
Location of all proposed lot lines with approximate dimensions.
(p) 
Size of all lots, including TRDO open space lots, lot coverage and building coverage in square feet or acreage and by percentage.
(q) 
Location, height and configuration of all buildings. Building configurations may be schematic. Each multifamily building shall identify the number of dwelling units within the building.
(r) 
Location, size, and use of all TRDO open space areas, structures, and recreation facilities.
(s) 
Landscaping, buffering, screening, walls, and fences.
(t) 
Phasing plan and development schedule, when applicable. When required, the phasing plan shall include approximate timing and sequence of construction for all infrastructure provided by the developer.
(3) 
The conditional use site plan shall become an official part of the conditional use approval and decision. The conditional use site plan may be changed as part of the approval of a preliminary land development plan and/or final land development plan without the need to obtain additional conditional use approval of the conditional use site plan as changed, provided that:
(a) 
Such changes do not increase the total number of residential dwelling units of the TRDO by more than 10%, provided such increases remain within the maximum density, land use composition and area limitations specified under § 184-43.3 of the Zoning Ordinance.
(b) 
Such changes do not materially increase the overall building coverage and/or impervious coverage by more than 10%, provided that such increase remains compliant with the maximum building coverage and lot coverage requirements of the TRDO.
(c) 
Such changes do not decrease the area designated as TRDO open space for the TRDO by more than 10%, provided that such decrease remains compliant with the minimum requirements for TRDO open space within the TRDO.
(d) 
Such changes do not significantly increase the number of new vehicular trips per hour during the new weekday day, weekday morning, weekday evening or weekend peak hour trips that have been projected for the TRDO.
(e) 
Such changes do not significantly alter the layout, location or design of streets, common open space, residential uses, or the architectural guidelines, which have been considered as part of the conditional use plan and application.
(4) 
As part of the conditional use application, the Board of Supervisors may permit the modification of the design standards and/or other criteria specified under § 184-43.3, in order to encourage the use of innovative design. An applicant desiring to obtain such conditional use approval shall, when making application for conditional use approval for the TRDO, also make application for conditional use approval under this section. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the criteria § 184-43.3 shall be subject to the following standards:
(a) 
Such modification of design standards better serve the intended purposes and goals of the TRDO, as presented within this Zoning Ordinance.
(b) 
Such modifications of design standards would not result in adverse impact to adjoining properties or to future inhabitants within the TRDO.
(c) 
Such modifications will not result in an increase to the residential density and land use composition for the TRDO.
(d) 
Such modifications will not result in a decrease in the amount of land designated as common open space within the TRDO.
(5) 
The provisions of § 184-43.3 of this Zoning Ordinance establish unique procedures, standards, regulations and design criteria to be applied to a TRDO. Section 184-43.3 has procedures, standards, regulations, and design criteria from those contained in this and other ordinances of West Earl Township. To the extent the procedures, standards, regulations, and design criteria within § 184-43.3 differ (are more or less restrictive) from other sections of this Zoning Ordinance, the provisions of this § 184-43.3 shall govern and control.