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Township of Derry, PA
Mifflin County
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Table of Contents
Table of Contents
The regulations contained within Article III shall apply to all uses within the Township.
A. 
Fences and walls. No fence or wall (except livestock, required junkyard or tennis court walls or fence or retaining wall of a building permitted under the terms of this article) shall be erected to a height of more than three feet in a front yard and more than six feet in any other yard within the A, R, LDR, MDR, HDR, VC, and F Zones. Within any GC, HC, LI, HI, and Q Zone, no fence or wall shall be erected to a height of more than 10 feet in any yard. However, in no case shall a fence or wall block a motorist's view of vehicles entering or exiting the property. Fences or walls are not included within the setback requirements for accessory uses.
[Amended 5-17-2021 by Ord. No. 2021-1]
B. 
Swimming pools. Swimming pools may be permitted in any zone. No permanent swimming structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools 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 no less than four feet in height at any perimeter point, and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. All pools, including any decks, must be set back at least 10 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley, or onto any adjacent property. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.
C. 
Tennis courts. Tennis courts may be permitted in any zone. All tennis courts in residential zones shall include an open mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.
D. 
Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the A, R, LDR, MDR, HDR, VC, and F Zones shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the R, GC, LI, HI, and F Zones that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the GC, LI and HI Zones shall comply with all principal use standards.
E. 
Alternative energy sources. Except for those contained on farms, wind energy conversion systems (WECS) shall not be permitted in the front yard area of any property. Height regulations do not apply to WECS units, provided that the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line. WECS units may be placed on the roof of any structure, provided that the perimeter of the unit does not cover 25% of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone.
F. 
Ornamental ponds and wading pools. Ornamental ponds and wading pools may be permitted in any zone, subject to the following:
(1) 
Such structures shall comply with all accessory use setbacks;
(2) 
No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as man-made lakes, dams and impoundments, and are subject to the criteria listed in Subsection G;
(3) 
No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet;
(4) 
All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and
(5) 
No such pond(s) shall be used for the commercial hatching of fish or other species.
G. 
Man-made lakes, dams and impoundments. All lakes, dams, ponds and impoundments may be permitted in any zone, subject to the following:
(1) 
Requirements when located along and connected to a stream.
(a) 
All dams, ponds, lakes and impoundments located along and connected to a stream that involve any of the following shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:
[1] 
The dam, pond or impoundment contains a volume of at least 50 acre feet;
[2] 
The dam reaches a height of 15 feet; and
[3] 
The dam, pond or impoundment impounds the water from a watershed of at least 100 acres.
(b) 
All such dams, ponds and impoundments shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation;
(2) 
All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Waterways and Stormwater Management;
(3) 
All other dams, ponds and impoundments require the submission of a statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood;
(4) 
Setbacks. All dams, ponds and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well;
(5) 
Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters; and
(6) 
Maintenance. All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
H. 
Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four-square-foot sign shall be permitted advertising the garage/yard sale located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.
I. 
Accessory repair of personal motor vehicles. Within any residential zone, or upon any property used principally for residential purposes, the routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased in writing by the person performing such services, is permitted, subject to the following:
(1) 
All vehicles shall be maintained with proper licensure;
(2) 
All work shall be performed on the vehicle owner's (tenant's) property of residence;
(3) 
Work shall be limited to the following:
(a) 
Servicing and replacement of spark plugs, batteries, distributors and distributor parts;
(b) 
Repair and replacement of tires and wheels, excluding recapping or regrooving;
(c) 
Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors, and engine coolants;
(d) 
Repair and replacement of car radios, tape players, amplifiers, and speakers;
(e) 
Cleaning and flushing of radiators;
(f) 
Repair and replacement of fuel pump, oil pump and line repairs;
(g) 
Minor servicing and adjustment of carburetors;
(h) 
Minor motor adjustments not involving the removal of the motor head or crankcase, nor the revving of the motor;
(i) 
Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating; and
(j) 
Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing, and the application of paint sealants;
(4) 
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of according to law; and
(5) 
All such activities shall be conducted at times, and in such manner, that adjoining residents are not disturbed.
A. 
Unlicensed, unregistered or uninspected motor vehicles. Motor vehicles without current, valid license plates, registration or inspection stickers shall in all zones be required to be parked outside the street right-of-way and either covered at all times with a tarp or located in a completely enclosed building. The requirements of this section shall not be applicable to farm implements and other farm vehicles not normally used as a means of conveyance on public highways. Neither shall this section, in and of itself, prevent the unenclosed storage of unlicensed, unregistered or uninspected vehicles if such storage is performed in conjunction with the legal operation of a motor vehicle sales establishment, a motor vehicle service or repair establishment, or a junkyard.
B. 
Recreational vehicles, boats, campers and trailers. In all residential zones, no recreational vehicles, boats, campers, or trailers shall be stored or parked for more than any part of three consecutive days in any given month within the street right-of-way. The storage of such vehicles is permitted only within a driveway in the front yard, or behind the building setback line in the side or rear yard. In addition, such vehicles may be stored only where they are accessory to a principal use.
[Amended 8-7-2006 by Ord. No. 2006-2]
C. 
Buses and trucks. In any residential zone, the storage or parking of any bus or commercial truck within the street right-of-way is prohibited. For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds.
D. 
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. The outdoor stockpiling of material or storage of trash is subject to all accessory use setbacks. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than one year, is prohibited.
E. 
Trash, garbage, refuse, or junk. Except as provided in §§ 215-83 and 215-90, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
F. 
Dumpsters. All trash dumpsters shall be located as specified in the A, R, LDR, MDR, HDR, VC, GC, HC, LI, HI, and Q Zones and screened as set forth in § 215-40 of this chapter.
G. 
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
A. 
Front yard setback of buildings on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than that required or permitted, the average of the lesser distances becomes the required minimum front setback for the property. However, the setback line shall be no less than five feet from any abutting street right-of-way line in the Village Commercial Zone, and no less than 20 feet from any abutting street right-of-way line in all other zones; and
B. 
Accessory or appurtenant structures. The setback regulations do not apply to:
(1) 
Bus shelters, telephone booths, and cornices, eaves, chimneys, steps, canopies, and similar extensions, but do apply to porches and patios whether covered or not;
(2) 
Open fire escapes;
(3) 
Articles of ornamentation or decoration; and
(4) 
Fences, hedges and retaining walls.
[Amended 4-7-2008 by Ord. No. 2008-2]
A. 
The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(1) 
Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles, or other similar structures;
(2) 
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances;
(3) 
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline;
(4) 
In relation to public or private schools, a maximum height of greater than 45 feet to no greater than 60 feet as permitted by conditional use per § 215-92 and subject to the review procedures of § 215-133; and
(5) 
In relation to public or private schools, cupolas or towers used solely for ornamental purposes at such height above the roofline as permitted by conditional use per § 215-92 and subject to the review procedures of § 215-133.
B. 
Except as permitted by conditional use for public and private school purposes per § 215-92B hereinafter, in no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial, industrial or for public or private school purposes.
A. 
A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts.
B. 
On corner lots, no structure nor growth exceeding 30 inches in height shall be permitted within an area which is formed by a triangle where the two legs of the triangle extend 100 feet from the center-line intersection of the two intersecting streets.
All dwelling units must conform to minimum habitable floor areas as follows:
A. 
Single-family (including mobile homes), duplex, and townhouse dwelling units: 700 square feet per dwelling unit;
B. 
Multifamily dwellings: 400 square feet per dwelling unit; and
C. 
ECHO housing, seasonal dwellings, cabins, temporary farmworker housing and apartments of two-family conversions: 250 square feet per dwelling unit.
No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to seven days in any calendar year on the property of a friend or relative.
More than one principal use may be erected on a single lot, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In addition, such proposals shall gain approval for any required land development or subdivision plan, and provide individually approved methods of sewage disposal. Two-family conversions, ECHO housing and temporary farmworker housing are not considered new principal uses, and do not require a land development plan; provided, however, that ECHO housing and temporary farmworker housing continue to be occupied by qualifying persons, or other approved accessory uses.
Every building hereafter erected or moved shall be on a lot adjacent to or with approved access to a public or private street. The erection of buildings without approved access shall not be permitted. Access to lots containing one or two single-family dwellings shall be via driveways (see § 215-36); access to lots containing other uses, including three or more single-family dwellings, shall be via access drives (see § 215-37).
Driveways shall include private drives serving individual single-family dwellings, as well as shared driveways serving two single-family dwellings. Driveways shall meet the following standards:
A. 
General requirements:
(1) 
Number per lot. No more than two driveway connections per lot shall be permitted;
(2) 
Setbacks. Driveways shall be not less than 40 feet from the edge of the cartway of any street intersection, nor less than five feet from a fire hydrant, nor less than three feet from adjoining lot lines, unless a shared driveway is proposed;
(3) 
Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines;
(4) 
Surface. All driveways shall, within 25 feet of the street cartway, be paved with concrete or bituminous paving material, or another dust-free material suitable to the Board of Supervisors;
(5) 
Shared driveways. Shared driveways may be used to provide required vehicular access between two single-family detached dwellings and a street. The use of a shared driveway shall only be approved when cross access easements ensure common use, access and maintenance of the shared driveway for each property owner relying upon said shared driveway. Such cross access easements shall be required in language acceptable to the Township Solicitor. Shared driveways shall not exceed 1,000 feet in length;
(6) 
Street access. Access shall be provided to the street of lesser classification when there is more than one street classification involved;
(7) 
PennDot permit. Any driveway intersecting with a state-owned road shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation;
(8) 
Traffic movement/drainage. Driveways shall not interfere with normal traffic movement nor be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street;
(9) 
Plan delineation. Driveway location shall be delineated on all plans/permits as applicable;
(10) 
Clear sight triangle. Driveways shall be located so that a clear sight triangle as depicted below is provided. Two apexes of the triangle shall be located in both directions along the street center line, 75 feet from a point where the center line of a driveway and street intersect. The vertex of the triangle shall be located along the center line of the driveway, on the site and five feet from the property/street right-of-way line. No permanent obstructions and/or plant materials over 30 inches in height shall be placed within the clear sight triangle.
(11) 
Adequate sight distance. Driveways shall be located so as to provide adequate sight distances at intersections with streets. Such sight distances shall be at least 125 feet in each direction, unless required by PennDot to be more.
A. 
General requirements:
(1) 
Number per lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed two per lot. The Zoning Hearing Board may grant a variance for additional access points where required to meet exceptional circumstances and where frontage of unusual length exists;
(2) 
Setbacks. The edge(s) of all access drives shall be set back at least:
(a) 
From the intersection of any street right-of-way lines: 100 feet;
(b) 
From any other access drive located upon the same lot (measured from cartway edges): 100 feet; and
(c) 
From any side and/or rear property lines: 15 feet; however, this setback can be waived along one property line when a joint parking lot or loading area is shared by adjoining uses;
(3) 
Slope. Access drives shall not exceed a slope of 8% within 75 feet of the intersecting street center line;
(4) 
Surface. All access drives shall be paved with concrete or bituminous paving material, or another dust-free material suitable to the Board of Supervisors;
(5) 
Access drive width. Access drives shall provide a minimum 12 feet wide cartway for each lane of travel. However, in no case shall any access drive cartway be less than 15 feet wide if it provides for truck movement between the public right-of-way and any required off street loading spaces as regulated by § 215-39 of this chapter. However, unless otherwise specified, the maximum cartway width of the access drive shall not exceed the area necessary to accommodate the minimum required cartway width and the minimum required tangential arc of the intersecting cartways;
(6) 
Street access. Access shall be provided to the street of lesser classification when there is more than one street classification involved;
(7) 
PennDot permit. Any access drive intersecting with a state-owned road shall require the obtainment of a PennDot driveway permit;
(8) 
Traffic movement/drainage. Access drives shall not interfere with normal traffic movement nor be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street;
(9) 
Plan delineation. Access drive location shall be delineated on all plans/permits as applicable;
(10) 
Clear sight triangle. Access drives shall be located and constructed so that a clear sight triangle as depicted below is provided. The apexes of the triangle shall be located along all center lines, in all directions from the intersection of street and access drive. No permanent obstructions and/or plant materials over 30 inches in height shall be placed within the clear sight triangle; and
(11) 
Adequate sight distance. Access drives shall be located so as to provide adequate sight distances at intersections with streets.
A. 
Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. All parking exclusively serving agricultural and/or forestry-related activities shall be exempt from off-street parking requirements. Off-street parking shall be provided whenever:
(1) 
A building is constructed or a new use is established;
(2) 
The use of an existing building is changed to a use requiring more parking facilities; or
(3) 
An existing building or use is altered or enlarged so as to increase the amount of parking space required.
B. 
Parking for a single-family dwelling. A single-family dwelling shall be required to provide two off-street parking spaces which may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 215-36 of this chapter. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.
C. 
Parking for all other uses:
(1) 
General requirements:
(a) 
Site plan. Each application for a zoning permit (or a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below. No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained;
(b) 
Surface. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials, or another approved dust-free surface;
(c) 
Drainage. Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater;
(d) 
Lighting. Adequate lighting shall be provided in the form of low-pressure sodium outdoor fixtures. Such fixtures shall be shielded so as not to project light upwards or at land used for residential purposes, or adjoining lots or streets; and
(e) 
Access drives. Every parking lot shall be connected to a street by means of an access drive. Access drives shall be in accordance with the provisions of § 215-37 of this chapter;
(2) 
Parking lot design:
(a) 
Size. The following lists required minimum space sizes in feet:
[1] 
Standard car spaces:
[a] 
Parallel: 23 feet by eight feet.
[b] 
Nonparallel: 19 feet by nine feet.
(b) 
Access. Parking areas for more than one dwelling shall be designed so that each vehicle may proceed to and from the parking space without requiring the moving of any other vehicle;
(c) 
Marking. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. Where paving is required, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows and dividers shall be provided and maintained to control parking, and to direct vehicular circulation;
(d) 
Separation. Where required, parking spaces shall be guarded by curbs or other protective devices, which are arranged so that parked cars cannot project into access and interior drives, the streets, yards or walkways;
(e) 
Bicycles. Where parking lots contain 20 or more spaces, 5% of those spaces shall be for bicycle use. Each bicycle space shall be equipped with a device to which a bicycle frame and one wheel can be securely attached using a chain or cable. Bicycle parking spaces shall be visible from at least one entrance to the structure and shall be located so that bicycles do not overhang the curb or sidewalk or interfere with pedestrian or vehicular traffic;
(f) 
Handicapped parking. Parking spaces for handicapped persons shall be governed by the latest guidelines described under the Americans With Disabilities Act;[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(g) 
Joint parking lots:
[1] 
In commercial shopping centers and office parks over two acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed on the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores; and
[2] 
Required parking spaces may be provided in parking lots designated to jointly serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall not be less than the total required separately for all such establishments or uses. However, where it can be conclusively demonstrated that one or more uses will be generating a demand for parking spaces, primarily during periods when the other use(s) is not in operation, the total number of required parking spaces may be reduced to:
[a] 
That required number of spaces that would be needed to serve the use generating the most demand for parking; plus
[b] 
Twenty percent of that number of required parking spaces needed to serve the use(s) generating the demand for lesser spaces;
(h) 
Schedule of required spaces. The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use:
Type of Use
Minimum of One Parking Space for Each
Commercial Uses
Automobile repair, filling and washing facilities
400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage and 1 per employee on major shift
Automobile, boat, and trailer sales
1,000 square feet of gross indoor and outdoor display areas
Carpeting, drapery, floor covering, and wall covering sales
500 square feet of gross floor area
Convenience stores
75 square feet of gross floor area
Drive-through and/or fast-food restaurants
2 seats and 1 per each 2 employees
Food markets and grocery stores
150 square feet of gross floor area for public use and 1 per each employee on 2 largest shifts
Funeral homes
100 square feet of gross floor area, 1 per each employee, and 1 per each piece of mobile equipment, such as hearses and ambulances
Furniture sales
500 square feet gross floor area
Hotels, motels
Guest sleeping room and 1 per each employee on 2 largest shifts (restaurants and other accessory uses shall add to this requirement)
Mini warehouses
25 units plus 1 per 250 square feet of office space, plus 2 per any resident manager
Office buildings
300 square feet of gross floor area
Professional offices of veterinarians, physicians, dentists, etc.
6 spaces per each physician or dentist, etc.
Retail stores or shops (except those listed above)
200 square feet of gross floor area (display area and/or sales area) and 1 per each employee on 2 largest shifts
Restaurants
4 seats plus 1 per each employee on largest shift
Nightclubs and taverns
2 seats plus 1 per employee on largest shift
Shopping centers or malls
182 square feet of gross leasable floor area
Other commercial buildings
400 square feet of gross floor area
Industrial Uses
Industrial and heavy manufacturing establishments
2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
Warehousing
Employee on the 2 largest shifts
Recreational Uses
Amusement arcades
80 square feet of gross floor area
Athletic fields
4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of spaces to serve all users of the site, and include a fence delineating such parking area.
Bowling alleys, billiards rooms
1/2 lane/table and 1 per each 2 employees
Campgrounds
Per campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf courses
1/2 hole, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf driving ranges
1 per tee and 1 per employee
Miniature golf courses
1/2 hole and 1 per employee
Riding schools or horse stables
2 stalls plus 1 per every 4 seats of spectator seating
Picnic areas
Per table
Skating rinks
4 persons of legal occupancy plus 1 per employee
Swimming pools (other than one accessory to a residential development)
4 persons of legal occupancy plus 1 per employee
Tennis or racquetball clubs
1/4 court plus 1 per employee plus 50% of the spaces normally required for accessory uses
Residential Uses
Single-family detached dwellings and seasonal dwellings
1/2 dwelling unit (i.e., 2 spaces per dwelling unit)
Boardinghouses, group homes, and bed-and-breakfasts
Bedroom
Duplex, townhouse, multiple-family, and conversion apartment dwellings
1/2 dwelling unit (i.e., 3 spaces per dwelling unit). Such parking spaces can take the form of private driveways, or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served.
Social and Institutional Uses
Auditorium, banquet, conference, and meeting facilities; church, theater, and other such places of public assembly
200 square feet, but not fewer than 1 space per each 3 seats
Clubs, lodges and other similar places
200 square feet of gross floor area and 1 per each employee on 2 largest shifts
Nursing or rest homes
3 accommodations (beds) in addition to those needed for doctors and support staff
Hospitals, sanitariums
Spaces shall be provided for visitors at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel.
Museums, art galleries, cultural centers, libraries
400 square feet of gross floor area
Rehabilitation centers (without overnight accommodations)
1 per each employee and per each 3 people anticipated to be handled through the facility
Schools below grade 10, including kindergarten and day-care centers
6 individuals enrolled
Schools, 10th grade and above, including colleges
3 students enrolled
Vocational training and adult education facilities
1.5 students enrolled
(3) 
Interior drives:
(a) 
Widths:
[1] 
Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table:
Angle of Parking
Width of Driveway In Feet: One-Way Traffic
Width of Drive way In Feet: Two-Way Traffic
90°
25
25
60°
20
22
45°
18
22
30°
11
22
Parallel
11
22
[2] 
Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic;
(b) 
Horizontal curves. Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas;
(c) 
Backup area. All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces;
(d) 
Speed bumps:
[1] 
Speed bumps, constructed as part of access or interior drives or parking lots, shall be marked with permanent, yellow stripes;
[2] 
The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed;
[3] 
There shall be a warning sign posted at each entrance to a parking area having speed bumps; and
[4] 
In no case shall the overall height (or depth) of speed bumps exceed three inches;
(4) 
Prohibited uses of a parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:
(a) 
The sale, display or storage of vehicles or other merchandise, including the use of vehicles parked in a permanent manner for the sole purpose of advertising;
(b) 
Parking/storage of nonpassenger vehicles accessory to the use;
(c) 
Performing services (including services to vehicles); nor
(d) 
Loading and unloading purposes, except during hours when business operations are suspended or where off-street loading facilities do not exist; and
(5) 
Landscaping and screening. The following landscaping and screening requirements shall apply to all parking lots within the VC, GC, HC, LI, and HI Zones:
(a) 
Landscape strip:
[1] 
When a parking lot is located in a yard which abuts a street, a landscape strip shall be provided on the property along the entire street line. This strip shall be measured from the street right-of-way line and may include a sidewalk, which can be included in the required landscape strip width. The strip may be located within any other landscape strip required to be located along a street. The following lists required width of landscape strips:
Number of Spaces In Parking Lot, Including Joint Facilities
Landscape Strip Width In Feet Measured From Street Right-of-Way Line
Fewer than 100
15
100 to 250
20
Over 250
25
[2] 
Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 10 feet from all property lines. Such setbacks shall be used for landscape strips;
(b) 
Screening. When a parking lot is located on property which adjoins land in a residential zone, or other land in residential use, the parking lot shall be screened from the adjoining residential property, as set forth in § 215-40 of this chapter.
A. 
Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion in parking lots and on streets. These facilities shall be provided whenever:
(1) 
A new use is established;
(2) 
The use of a property or building is changed, thereby requiring more loading space; or
(3) 
An existing use is enlarged, thereby requiring an increase in loading space;
B. 
General requirements:
(1) 
Site plan. Each application for a zoning permit (or use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below. No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved;
(2) 
Location. Except as provided elsewhere, a ground level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential zone. Off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential zone;
(3) 
Sizes. The following lists required minimum loading space sizes (excluding access drives, entrances and exits):
Facility
Length
(feet)
Width
(feet)
Height (If Covered or Obstructed)
(feet)
Industrial, wholesale and storage uses
63
12
15
All other uses
33
12
15
(4) 
Separation. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots;
(5) 
Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel, or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters. § 215-37 specifies other requirements for access drives;
(6) 
Surface. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials, or other dust-free surface;
(7) 
Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives;
(8) 
Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. Such lighting shall be in the form of low-pressure sodium outdoor fixtures and shall be shielded so as not to project light upwards or at land used for residential purposes, or adjoining lots or streets;
(9) 
Landscaping and screening. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot wide landscape strip. All off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public streets according to the requirements of § 215-40 of this chapter;
(10) 
Waivers. The requirement for off-street loading may be waived where one of the two following circumstances exists:
(a) 
Coordinated off-street loading is proposed between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses, provided the proposed use would not require more loading spaces than the adjacent use, and provided a cross-property use easement is recorded that assures both uses may use the shared loading space(s); or
(b) 
For properties fronting on Electric Avenue, the applicant can demonstrate that shared off-street loading, as set forth in Subsection B(10)(a) above, cannot be accomplished and that the physical dimensions of the subject property do not permit the provision for off-street loading spaces. This waiver shall apply only to existing lots as of the effective date of this chapter, and shall furthermore have the effect of waiving only the first and not any subsequent required loading spaces; and
(11) 
Schedule of required loading spaces:
Type of Use
Number
Spaces
Per
Gross Floor Area
Hospital or other institution
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Hotel, motel and similar lodging facilities
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Industry or manufacturing
None
First 2,000 square feet
1.0
2,000 to 25,000 square feet
+1.0
Each additional 40,000 square feet (or fraction)
Multifamily dwelling
None
Less than 100 dwelling units
1.0
100 to 300 dwelling units
+1.0
Each additional 200 dwelling units (or fraction)
Office building, including banks
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Retail sales and services, per store, and restaurants
None
First 2,000 square feet
1.0
2,000 to 10,000 square feet
2.0
10,000 to 40,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet
1.0
25,000 square feet up to 100,000 square feet
+1.0
Each additional 100,000 square feet
Theater, auditorium, bowling alley, or other recreational establishment
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor
None
First 3,000 square feet
1.0
3,000 to 5,000 square feet
+1.0
Each additional 10,000 square feet (or fraction)
Wholesale or warehousing (except mini warehousing)
None
First 1,500 square feet
1.0
1,500 to 10,000 square feet
+1.0
Each additional 40,000 square feet (or fraction)
A. 
Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover approved by the Board of Supervisors (e.g., grass, ivy, vetch, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly;
B. 
Landscaping requirements:
(1) 
Landscape strips along streets shall be measured from the street right-of-way line. Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition. However, where sidewalks are proposed as part of landscape strips beyond the street right-of-way, these shall be permitted to bisect such strips and be included in the required strip width. In such cases, the noted 80% vegetation requirement shall not apply;
(2) 
For each 500 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard;
C. 
Screening. The following materials may be used: evergreens (trees, hedges, or shrubs), walls, fences, earth berms, or other approved similar materials. Fences and walls shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged so as to block the ground-level views between grade, and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation; and
D. 
Selection of plant materials:
(1) 
Trees and shrubs shall be typical of their species and variety; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project;
(2) 
Any tree or shrub which dies shall be replaced so as to maintain ground cover and/or screening. All landscaping and screening treatments shall be properly maintained.
A. 
General requirements:
(1) 
Signs must be constructed of durable material and maintained in good condition;
(2) 
No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings;
(3) 
Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days;
(4) 
Each sign shall be removed when the circumstances leading to its erection no longer apply;
(5) 
Signs may be interior lighted with nonglaring lights, or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted upwards or to other properties or public rights-of-way;
(6) 
Animated, sequential, flashing, rotating, revolving or oscillating signs shall be permitted in General Commercial (GC), Village Commercial (VC), Light Industrial (LI), and Heavy Industrial (HI) Zones provided that:
[Amended 5-17-2021 by Ord. No. 2021-1]
(a) 
The area of any one side of any such sign shall not exceed 25 square feet;
(b) 
The total area of any such sign shall not exceed 50 square feet;
(c) 
No such sign shall be greater than eight feet in length;
(d) 
No such sign shall be located within 100 feet of an intersection of streets or roads regulated by traffic lights, signals, or other electronic traffic controls;
(e) 
Such sign shall not have rotating, revolving or flashing lights which by reason of intensity, color, design or otherwise are similar to authorized visual signals on police and/or emergency vehicles as required by the Pennsylvania Vehicle Code, 75 Pa.C.S.A. §§ 4571 to 4573, inclusive, as amended or supplemented from time to time, and per the regulations thereunder, 67 Pa. Code §§ 173.1 to 173.6, inclusive, as amended or supplemented from time to time;
(f) 
Such sign shall not exceed a frequency of flashes in excess of one flash every three seconds;
(g) 
Animated, sequential, flashing, rotating, revolving or oscillating signs shall at all times have the animated, sequential, flashing, rotating, revolving or oscillating message displayed on a stationary background; and
(h) 
Such sign shall at all times be located so that it does not interfere with traffic lights, signals or other controls, or abrogate or endanger the public health, safety and welfare. (NOTE: The reason for this requirement is due to the distraction of motorists and the adverse public safety effect which would exist as a result of an ever changing, moving, or animated background being behind the messages displayed.)
(7) 
All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters;
(8) 
Signs of such design and location that they interfere with, compete for attention with, or may be mistaken for traffic control devices, are prohibited. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop." It shall also include signs in which the colors red, green and yellow are used either in direct illumination or in high reflection by the use of fluorescent paint or glass;
(9) 
No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lights or neon tubing;
(10) 
No sign shall be located so as to interfere with any clear sight triangle or visibility at street, access drive or driveway intersections;
(11) 
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape;
(12) 
No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger;
(13) 
No sign shall be permitted which is permanently attached to public utility poles, nor trees which are within the right-of-way of any street;
(14) 
No point of any sign, including trim, border and supports, shall be located within 10 feet of any property or street right-of-way lines;
(15) 
No point of a wall-projecting sign shall be located less than nine feet above the grade directly below the sign;
(16) 
No roof sign may project beyond the edge of said roof in any direction, nor interfere with any openings in such roof, or prevent the free passage from one part of the roof to the other thereof;
(17) 
No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner;
(18) 
Except in the case of billboards, only those signs referring directly to materials or products made, sold or displayed on the premises shall be permitted;
(19) 
In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area;
(20) 
Advertising painted upon or displayed upon a barn or other building or structure or vehicle shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply;
(21) 
No sign located within any floodplain shall exceed six square feet of area per side;
(22) 
Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building, or signs temporarily attached to the inside face of a window, announcing a sale or similar feature, or expressing a personal political or religious viewpoint, provided that the latter shall not occupy more than 33 1/3% of the total display window area for a period not to exceed 10 days; and
(23) 
Determination of size of sign area. 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, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign;
B. 
In addition to the general sign regulations listed in the preceding Subsection A, specific regulations, attached hereto and incorporated herein as Attachment 1,[1] are hereby adopted by the Township of Derry and shall apply to all signs, as applicable. (See Attachment 1.)
[Amended 5-17-2021 by Ord. No. 2021-1]
[1]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
C. 
Sign permits. For signs requiring permits in Subsection B, the following requirements shall apply prior to the erection of said signs:
(1) 
Permit applications:
(a) 
Application for a permit shall be made at the Township office;
(b) 
Application shall be made on a form to be provided by the Township and shall contain the following information and documentation:
[1] 
The name(s) and address(es) of the sign owner and the landowner;
[2] 
An affidavit of title executed by the landowner(s) indicating the date and place of recording of the present title to the land;
[3] 
A drawing to scale, showing the location of the sign with reference to the adjoining property lines and streets;
[4] 
A drawing to scale, showing all dimensions of the sign. For a directional sign or an on-premises sign advertising activities being conducted on the real property, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign; and
[5] 
A description of the construction materials of the sign and its manner of installation;
(2) 
All applications shall be reviewed, and permits issued, by the Zoning Officer. No sign permit shall be issued, except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance;
(3) 
Permit issuance. Following permit application approval, a sign permit will be issued by the Zoning Officer upon receipt of required fees;
(4) 
If there is any change in location or dimensions of any sign, or in advertising or informative contents of a sign, a new permit shall be required; and
(5) 
Revocation of permits:
(a) 
All permits shall be subject to revocation upon 15 days' written notice for violation of any provision or upon change of information provided in the application; and
(b) 
Revocation of a permit shall not be cause for refund of the permit fee.
For the purposes of this chapter, the Township's roads shall be classified in the following categories:
Arterial Roads
Collector Roads
Local Roads
U.S. Route 322
West Freedom Avenue
All roads not listed as arterials or collectors.
U.S. Route 22
Ferguson Valley Road
Electric Avenue
Vira Road
Main Street
Long Lane
PA Route 522
Green Avenue Extension/Back Maitland Road
Parcheytown Road
Ort Valley Road
North Derry Avenue
Jacks Creek Road
A. 
As of the effective date of this chapter, all future uses that rely upon on-lot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed or trench) and another alternate disposal site. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction and other activities that would result in disturbance of the soils' ability to renovate sewage effluent until such time as the alternate field may be activated due to malfunction of the initial disposal site;
B. 
Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determinations will be made by the PA DEP through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection; and
C. 
Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems.
[1]
Editor's Note: See also Art. IV, On-Lot Subsurface Sewage Disposal Facilities, of Ch. 172, Sewers and Sewage Disposal.
All uses proposed within Derry Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
A. 
Part I, Department of Environmental Protection, of Title 25, Environmental Resources, of the Pennsylvania Code:
(1) 
Land Resources. Chapters 71 to 90;
(2) 
Water Resources. Chapters 91 to 111;
(3) 
Air Resources. Chapters 121 to 145;
(4) 
Hazardous Waste Management. Chapters 260 to 270A;
(5) 
Municipal Waste. Chapters 271 to 285; and
(6) 
Residual Waste Management. Chapters 287 to 299.
B. 
All other applicable state and federal regulations regarding land resources; water and air quality; hazardous, municipal and residual waste; and noise.
C. 
Handicap access. The latest version of the Americans With Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A. 
All uses requiring a traffic study shall provide a study prepared by a professional traffic engineer with the following minimum considerations:
(1) 
A description of the traffic impact area (TIA), including its major roads and potential traffic generation rates to be determined by current references;
(2) 
Existing twenty-four-hour and peak hour traffic volume data for all streets which provide direct access to the proposed development, and for the collectors and arterials which will serve it, as well as any major intersection within the impact area;
(3) 
Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period, and including typical a.m. and p.m. peak periods;
(4) 
Assignment of future twenty-four-hour and peak hour volumes to the collectors and arterials, and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends, and the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored into these future traffic volume projections;
(5) 
Projected twenty-four-hour and peak hour turning movement data for all access points proposed for the development;
(6) 
Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development;
(7) 
Recent data about existing accident levels at the above intersections categorized by accident type for each intersection;
(8) 
Descriptions of the street improvements that will be required in order to avoid problems of traffic congestions and traffic safety;
(9) 
Cost estimates of any proposed improvements that will be required;
(10) 
Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development;
(11) 
Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network;
(12) 
The source of standards used in the data as presented; and
(13) 
The applicant shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.
Within the A, R and F Zones, the use of flag lots is permitted by right, subject to the following standards:
A. 
The use of such flag lots would reduce the loss of productive farmlands and/or the conversion of other significant environmental features (e.g., steep slopes, floodplains, wetlands, woodlands, wildlife habitats). The applicant must demonstrate by credible evidence that the use of flag lots would better protect these natural features than would development under the zone's conventional design standards;
B. 
All flag lots shall either have direct street frontage or direct vehicular access to a joint-use driveway that serves no more than four individual dwelling lots, each of which must be contiguous to at least one other lot. Individual driveways and shared driveways serving two dwellings shall comply with § 215-36 of this chapter. Shared driveways serving three or more dwellings shall comply with § 215-37 of this chapter;
C. 
Cross access easements to ensure common use of, access to, and maintenance of joint-use driveways shall be implemented for each property relying upon said joint-use driveway; such cross access easements shall be required in language acceptable to the Township Solicitor; and
D. 
For the purpose of establishing yards and setbacks upon lots using joint-use driveways, the joint-use driveway shall be considered a "street right-of-way;" as defined herein.
A. 
Procedure. All proposed developments involving subdivisions, land developments or zoning permits shall be subject to the provisions herein. All applications submitted subject to this section shall be reviewed and approved by the Board of Supervisors, after review by the Planning Commission and/or any other specified agent of the Township. The review process shall be the same as that applied to conditional uses (see § 215-133). Should the Board of Supervisors determine that the applicant's statement does not adequately address the requirements, or that the proposed use, by nature or design, cannot be accomplished in a manner that is compatible with environmental conditions, the application shall be denied. As an alternative, the Board may approve the application with conditions imposed that directly respond to the application's deficiencies;
B. 
Disputes over the presence/location of specific natural resources. Should a dispute concerning the presence, extent and/or location of a particular natural resource arise, the initial determination of the Zoning Officer may be appealed to the Board of Supervisors. In such instances, the burden of proof shall rest with the applicant;
C. 
Natural resource review standards (applicable to all permitted, special exception and conditional uses):
(1) 
Steep slopes. Steep slopes are defined as those areas having slopes of 15% or greater. All applications on lands with steep slopes shall require the preparation of a statement by a commonwealth-registered engineer or architect which includes the following:
(a) 
A topographic map of the site which highlights those areas that possess slopes of 15% or greater and 25% or greater. Also reflected on this map should be all existing and proposed site improvements, including buildings, roads, driveways, and on-lot utilities;
(b) 
A detailed description of the methods that are being used to:
[1] 
Avoid the clearing of vegetation in areas that have a high potential for soil erosion;
[2] 
Overcome foundation problems in construction of structures;
[3] 
Prevent the construction of structures and other site improvements on areas with slopes exceeding 25%;
[4] 
Minimize grading throughout the site;
[5] 
Protect and preserve any natural diversity sites that coincide with the steep-sloped areas of the site;
[6] 
Protect water quality on and around the site from the adverse effects of the proposed use;
[7] 
Manage stormwater; and
[8] 
Protect any environmental conditions or uses on adjoining properties;
(c) 
For enclosed structures or impervious surfaces, an erosion and sedimentation control plan which complies with the requirements of the PA DEP;
(2) 
Woodlands. Woodlands shall be defined as including all areas shown as "conservation" on the Derry Township Comprehensive Plan Existing Land Use Map, or any other lots consisting 30% or more of trees, excepting lots of record as of the date of adoption of this chapter. All applications for development in woodland areas shall include a statement by the applicant which includes the following:
(a) 
A map showing the location of the wooded areas of the site and all proposed site improvements (e.g., buildings, roads, sewer systems, driveways, etc.) which would involve the removal of trees;
(b) 
A description of the methods that are being used to:
[1] 
Retain or replace at least 40% of the number of trees of a minimum trunk caliber of five inches, measured 12 inches above the ground, that exist at the time of application for a zoning permit, immediately following construction and prior to use or occupancy. Replacement trees shall be a minimum of two inches in diameter measured at a height of six inches above finished grade;
[2] 
Preserve mature trees whose removal is not necessary for the construction of proposed site improvements; and
[3] 
Provide for a buffer zone at least 20 feet in width along all property lines and 100 feet along both sides of any perennial watercourse where no more than 20% of trees may be removed;
(c) 
With the exception of commercial timber harvesting, for which an approved conservation plan is required, no area of existing woodland as herein identified shall be cleared, except as set forth in this section;
(3) 
Stream corridors. Stream corridors shall be defined as including all perennial streams and water bodies, as shown on the Derry Township Comprehensive Plan Natural Features Map. All applications for properties adjacent to these areas shall meet the following requirements:
(a) 
No aboveground structure nor on-site sewage disposal system shall be located within the Floodplain Zone nor within 100 feet of the edge of any stream or water body, whichever is greater;
(b) 
No principal waste handling facilities nor manure storage facilities shall be permitted within 100 feet of the edge of any stream or water body;
(c) 
No sludge application, quarries or other extractive-related uses, nor spent mushroom compost processing and storage and/or commercial mushroom operations shall be permitted within 500 feet of the edge of any stream or water body; and
(d) 
If applicable, the applicant shall provide a description of the livestock handling techniques that will be used to prevent the degradation of surface waters.