[Amended 10-10-2007 by Ord. No. 07-10-01; 9-16-2009 by Ord. No.
09-9-1]
A.
For the purposes of this chapter, Marlborough Township is hereby
divided into zoning districts, which are designated as follows:
[Amended 8-12-2015 by Ord. No. 2015-11; 2-27-2017 by Ord. No. 2017-03]
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R-1
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Residential
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MHD
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Mobile Home Development
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MR
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Mixed Residential
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VC
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Village Commercial
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CMU
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Commercial Mixed-Use
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LI
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Light Industrial
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HI
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Heavy Industrial
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OSRC
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Open Space Conservation Overlay
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FPC
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Floodplain Conservation Overlay
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SSC
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Steep Slope Conservation Overlay
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IN
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Institutional Overlay
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VR
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Village Residential
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GC
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Golf Course Overlay
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LHI
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Limited Heavy Industrial Overlay
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CS
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Cluster Subdivision Overlay
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B.
The locations and boundaries of these districts are shown on the
Marlborough Township Zoning Map, which is hereby made a part of this
chapter. The Zoning Map and all the notations, references, and other
data thereon shall be as much a part of this chapter as if fully described
herein.
District boundaries are shown on the Zoning Map to follow one
or more of the following:
A.
Center lines of streets, lanes, utility company rights-of-way, and
railroad rights-of-way.
B.
Property lines.
C.
Municipal boundary lines.
D.
Where uncertainty exists as to the location of any district boundary
line, the Building Code Official shall determine its exact location
guided by the following:
(1)
Lines which appear to follow center lines, property lines, or municipal
boundary lines shall be construed to follow those lines.
(2)
For questions concerning which particular property line a district
boundary line follows, the Building Code Official shall confer with
the Township Planning Commission for a determination.
[Amended 4-9-2002 by Ord. No. 2002-04; 9-16-2009 by Ord. No.
09-9-1]
Except as may be provided for elsewhere in this chapter, the
following maximum number of units and lot area calculations shall
apply in all districts.
A.
Application of density factors. The density factors in the table below shall be used to determine maximum number of units and minimum lot area. Applicants shall follow the calculations in Subsections B and C below.
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Table of Density Factors
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Natural Features
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On-Site Water and Sewer
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Central Water
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Central Sewer
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Central Water and Sewer
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SOILS:
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A. Seasonal high water table:
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Less than 18"
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0.33
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0.33
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0.33*
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0.33*
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18" to 36"
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0.67
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0.67
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0.67*
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0.67*
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B. Depth to bedrock:
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Less than 42"
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0.67
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0.67
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0.67*
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0.67*
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Diabase
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0.33
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0.33**
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0.33
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0.33**
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Water bodies, watercourses, floodplain, floodway and wetlands
slopes
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0.00
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0.00
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0.00
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0.00
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15% to 25%
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0.33
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0.33
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0.33
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0.33
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Greater than 25%
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0.00
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0.00
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0.00
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0.00
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NOTES:
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*
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Applies to a sewage system that utilizes land for treatment/disposal
purposes. For a sewage system not utilizing land, the density factor
equals 1.0.
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**
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Applies to a site that utilizes well(s) as the water source. For a site not utilizing well(s), the density factor equals 1.0. Also, for any zoning district that requires the use of central water and the central supply is proposed to be from on-site well(s), the density factor may equal 1.0, provided it can be proven to the Township's satisfaction that the water supply will be sufficient, will not cause any adverse effects on existing well(s), and all applicable requirements of the Chapter 261, Water, Article I, Well Drilling, are met.
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B.
Maximum number of units. The maximum number of units shall be calculated
on total developable area. The calculation shall use the following
steps:
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1.
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Acreage without natural features listed in the Table of Density Factors in Subsection A above and outside public and private rights-of-way, access easements, or access strips.
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Subtotal acres
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= ________
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2.
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Acreage subject to density factor adjustment:
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Acreage soils (high water < 18 inches) x density factor
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= ________
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Acreage soils (high water 18 inches to 36 inches) x density
factor
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= ________
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Acreage soils (bedrock < 42 inches) x density factor
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= ________
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Acreage (diabase) x density factor
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= ________
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Acreage (water bodies, watercourses, floodplain, floodway and
wetlands) x density factor
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= ________
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Acreage (slopes 15% to 25%) x density factor
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= ________
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Acreage (slopes > 25%) x density factor
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= ________
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Subtotal acres
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= ________
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In the event that a portion of a tract is underlain by more
than one natural feature subject to a density factor, that acreage
shall be subject to the most restrictive factor only.
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3.
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Total Developable Area (1 + 2 above)
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TOTAL ACRES
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= ________
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Since acreage that is contained within public or private rights-of-way,
access easements or access strips is excluded from developable lot
area, any portion of these items that also contains a natural feature
subject to a density factor should not be included when calculating
developable area subject to that natural feature.
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4.
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Maximum number of units. The maximum number of units is determined
by dividing the total developable area from Subsection 3 above (converted
to square feet) by the minimum developable lot area, as set forth
in each zoning district.
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MAXIMUM NUMBER OF UNITS
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= ________
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TOTAL DEVELOPABLE AREA (SF)
MINIMUM DEVELOPABLE LOT AREA (SF)
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All values shall be rounded down to the lowest whole number,
i.e., 5.97 equals five lots.
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C.
Developable lot area for individual lots. The developable lot area
for individual lots as determined in the following calculation shall
equal or exceed the minimum developable lot area required in the applicable
zoning district. This calculation shall be performed for each proposed
lot.
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1.
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Lot acreage without natural features listed in Table of Density Factors in Subsection A above and outside public and private rights-of-way, access easements, or access strips.
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Subtotal acres
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= ________
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2.
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Lot acreage subject to density factor adjustment:
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Acreage soils (high water < 18 inches) x density factor
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= ________
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Acreage soils (high water 18 inches to 36 inches) x density
factor
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= ________
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Acreage soils (bedrock < 42 inches) x density factor
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= ________
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Acreage (diabase) x density factor
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= ________
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Acreage (water bodies, watercourses, floodplain, floodway and
wetlands) x density factor
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= ________
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Acreage (slopes 15% to 25%) x density factor
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= ________
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Acreage (slopes > 25%) x density factor
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= ________
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Subtotal acres
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= ________
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In the event that a portion of a tract is underlain by more
than one natural feature subject to a density factor, that acreage
shall be subject to the most restrictive factor only.
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3.
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Developable Lot Area for Individual Lot (1 + 2 above)
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TOTAL ACRES
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= ________
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EXAMPLE
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R-1 Zoning District (minimum developable lot area = 87,120 square
feet)
Site area = 10 acres, on-site sewer and water
Natural features = 2.0 acres floodplain; 5.5 acres soils with
shallow depth to bedrock
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A.
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Total Developable Area (Site)
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1.
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Acreage without natural features and outside public and private
rights-of-way, access easements, or access strips (2.5 acres)
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Subtotal
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= 2.50 acres
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2.
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Acreage subject to density factor adjustment:
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Acreage (soils) x density factor
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(5.5 acres x 0.67)
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= 3.69 acres
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Acreage (diabase) x density factor
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= ________
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Acreage (water bodies, watercourses, floodplain and wetlands)
x density factor
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(2.0 acres x 0.0)
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= 0.00 acres
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Acreage (slopes 15% +) x density factor
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= ________
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Subtotal
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= 3.69 acres
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3.
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Total Developable Area (1 + 2)
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TOTAL
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= 6.19 acres
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B.
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Maximum Number of Units
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Maximum Number of Units
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= Total Developable Area (square feet)
Minimum Developable Lot Area (square feet)
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= 6.19 acres = 269,636,4 square feet = 3.09 units
87,120 square feet
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MAXIMUM NUMBER OF UNITS
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= 3 units
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C.
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Developable Lot Area for Individual Lots
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Proposed Lot 1 gross area
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= 4.13 acres
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Developable Area (Lot)
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1.
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Acreage without natural features and outside public and private
rights-of-way, access easements, or access strips. (0.0 acres)
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Subtotal
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= 0.00 acres
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2.
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Acreage subject to density factor adjustment:
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Acreage (soils) x density factor
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(3.52 acres x 0.67)
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= 2.36 acres
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Acreage (diabase) x density factor
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= ________
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Acreage (water bodies) x density factor
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= ________
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Acreage (watercourses) x density factor
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= ________
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Acreage (floodplain) x density factor
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(0.61 acres x 0.0)
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= 0.00 acres
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Acreage (wetlands) x density factor
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= ________
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Acreage (slopes 15% +) x density factor
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= ________
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Subtotal
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= 2.36 acres
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3.
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DEVELOPABLE LOT AREA FOR INDIVIDUAL LOT (1 + 2)
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TOTAL
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= 2.36 acres
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Lot 1 is an acceptable lot, since it has a developable area
greater than or equal to the minimum developable lot area of the applicable
zoning district.
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Note: For the example tract, lot sizes could range from 87,120
square feet where none of the listed natural features occur to 2.74
acres where the lot is completely underlain by soils with 24 inches
depth to bedrock. A lot could not exist where its entire area lies
within the floodplain.
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D.
Constrained land calculation. Constrained land area shall be determined by subtracting Total Developable Area from Base Tract Area, as follows. Constrained land shall be included in the greenway land when required in the Table of Greenway Land Options in § 275-195.
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1.
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Base Tract Acreage (acreage outside public and private rights-of-way,
access easements or access strips)
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= ________ acres
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2.
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Minus Total Developable Area (from Subsection B table above, Subsection 3)
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= ________ acres
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3.
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Equals Constrained Land (1 - 2)
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= ________ acres
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E.
Natural features determination. The following procedure shall be
followed to determine the presence, location, and boundaries of all
natural features and, except as provided for elsewhere in this chapter,
to address disputes concerning these features:
(1)
The presence, location, and boundaries of any natural feature(s)
shall be determined by the applicant through on-site survey and reference
to the Township natural features maps contained in this chapter.
(2)
The Township Engineer shall review the applicant's information and
provide the initial determination of the presence, location, and boundaries
of all natural features located on the site(s).
(3)
Should a dispute arise concerning the Township Engineer's decision,
the applicant shall have the burden of proving that a different finding
is warranted. The applicant shall submit to the Township Engineer
all technical information and documentation supporting a different
finding, including any information or findings from qualified agencies
such as the Natural Resources Conservation Service. Upon review, the
Township Engineer shall make a final determination.
(4)
In the event that the Township Engineer's final determination is
disputed, the applicant may appeal to the Township Zoning Hearing
Board.
Whenever federal- or state-owned property is included in one
or more zoning districts, it shall be subject to the provisions of
this chapter only insofar as permitted by the Constitution and laws
of the United States of America and of the Commonwealth of Pennsylvania.
In accordance with Section 619 of the Pennsylvania Municipalities
Planning Code, as amended,[1] the provisions of this chapter shall not apply to any
existing or proposed building, or extension thereof, used or to be
used by a public utility corporation, if, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
It shall be the responsibility of the Pennsylvania Public Utility
Commission to ensure that both the corporation and the Township have
notice of the hearing and are granted an opportunity to appear, present
witnesses, cross-examine witnesses presented by other parties and
otherwise exercise the rights of a party to the proceedings.
[1]
Editor's Note: See 53 P.S. § 10619.
