In addition to the community development objectives set forth in Part
1 of this chapter and in conformance with the MPC, the purposes of this overlay district, among others, are as follows:
A. To conserve and protect environmentally sensitive areas and open
land within West Manheim Township, including those areas containing
unique and sensitive natural features such as woodlands, steep slopes,
streams, floodplains and wetlands, by setting them aside from development.
B. To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
length of roads, utility runs, and the amount of paving required for
residential development.
C. To reduce erosion and sedimentation by the retention of existing
vegetation, and the minimization of development on steep slopes.
D. To implement adopted West Manheim Township policies to conserve a
variety of irreplaceable and environmentally sensitive resource lands
as set forth in the West Manheim Township Comprehensive Plan, including
provisions for reasonable incentives to create an open space and greenway
system for the benefit of present and future residents.
E. To implement adopted land use, transportation, and community policies,
as identified in the West Manheim Township Comprehensive Plan.
F. To protect areas of West Manheim Township with productive agricultural
soils for continued or future agricultural use, by conserving blocks
of land large enough to allow for efficient farm operations.
G. To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, and with a strong
neighborhood identity.
H. To provide for the conservation and maintenance of open land within
West Manheim Township to achieve the above-mentioned goals and for
active or passive recreational use by residents.
I. To provide multiple options for landowners in order to minimize impacts
on environmental resources (sensitive lands such as wetlands, floodplain,
and steep slopes) and disturbance of natural or cultural features
(such as mature woodlands, hedgerows and tree lines, critical wildlife
habitats, historic buildings, and fieldstone walls).
J. To provide standards reflecting the varying circumstances and interests
of individual landowners, and the individual characteristics of their
properties; and
K. To conserve scenic views and elements of West Manheim Township's
rural character, and to minimize perceived density, by minimizing
views of new development from existing roads.
For all subdivisions subject to §
270-68 above, preliminary plans shall include documentation of a four-step conservation subdivision design process in determining the layout of proposed open space and greenway lands, house sites, infrastructure and lot lines, as described below.
A. Step 1: Delineation of Open Space and Greenway Lands and Developed Areas shall be in accordance with Articles
IV and
V of Chapter
235, Subdivision and Land Development, regarding conservation subdivisions.
B. Step 2: Location of House Sites shall be in accordance with Articles
IV and
V of Chapter
235, Subdivision and Land Development.
C. Step 3: Location of Infrastructure shall be in accordance with Articles
IV and
V of Chapter
235, Subdivision and Land Development.
D. Step 4: Drawing in the Lot Lines shall be in accordance with Articles
IV and
V of Chapter
235, Subdivision and Land Development.
The Conservation Subdivision Overlay shall comply with the uses
regulated in the underlying zoning district.
The Conservation Subdivision Overlay District shall implement
a neutral density and basic conservation option. This option provides
for residential uses at the density permitted in the underlying zoning
district and reductions in lot area and dimensional standards, in
exchange for a given percentage of the tract to remain in open space.
A. Density requirements.
(1) Density factor. The density factor is equal to the minimum lot area
requirement set forth in the underlying zoning district. The density
factors are as follows:
[Amended 4-20-2010 by Ord. No. 2-2010; 6-1-2023 by Ord. No. 2-2023]
Density Factors
|
---|
|
Both Utilities
(Centralized Water and Centralized Sewer)
(square feet)
|
1 Utility
(Centralized Water or Centralized Sewer)
(square feet)
|
No Utilities
(No Centralized Water or Sewer)
(square feet)
|
---|
Single-family detached dwelling
|
15,000
|
20,000
|
40,000
|
Single-family semidetached dwelling
|
15,0001
|
Not permitted
|
Not permitted
|
Two-family dwelling
|
15,0001
|
Not permitted
|
Not permitted
|
Single-family attached dwelling
|
15,0001
|
Not permitted
|
Not permitted
|
NOTES:
|
---|
1
|
Per dwelling unit.
|
(2) Minimum required open space and greenway land. The subdivision must include at least 25% of the adjusted tract area plus all of the constrained land calculated in §
270-71B(1), herein below, as open space and greenway land. Open space and greenway land shall not be used for residential lots, except as provided in this Part
6.
B. Density determination. Applicants shall have the choice of two methods
of determining the maximum permitted residential building density
on their properties. They are as follows:
(1) Adjusted tract area approach. Determination of the maximum number
of permitted dwelling units on any given property shall be based upon
the adjusted tract area of the site. The adjusted tract acreage shall
be determined by multiplying the acreage classified as being in the
categories of natural resource elements (described below) by the numerical
protection factor for that category of natural resource land, summing
all factored constrained land areas, and then deducting the total
from the gross tract area.
(a)
Constrained lands consist of natural resources listed below.
The area of the natural resource is multiplied by a protection factor
to arrive at the constrained land. The constrained natural resource
elements and protection factors are as follows:
[Amended 4-20-2010 by Ord. No. 2-2010]
Natural Resource Element
|
Protection Factor
|
Land Area of Natural Resource
|
Constrained Land
|
---|
1.
|
Total land area within the rights-of-way of existing public
streets or highways, or within the rights-of-way for existing or proposed
overhead rights-of-way of utility lines.
|
100% (1.0)
|
X _____acres
|
=
_____ acres
|
2.
|
Total land area under existing private streets.
|
100% (1.0)
|
X _____acres
|
=
_____ acres
|
3.
|
Wetlands: total land area of designated wetlands
|
95% (0.95)
|
X _____acres
|
=
_____ acres
|
4.
|
Floodway: total land area within the floodway
|
100% (1.0)
|
X _____acres
|
=
_____ acres
|
5.
|
Floodplains: total land area nonwetland portion of the 100-year
floodplain
|
50% (0.5)
|
X _____acres
|
=
_____ acres
|
6.
|
Steep slopes: total land area with natural ground slopes exceeding
25%
|
80% (0.8)
|
X _____acres
|
=
_____ acres
|
7.
|
Extensive rock outcroppings: total land area of rock outcrops
and boulder-fields more than 1,000 square feet
|
90% (0.9)
|
X _____acres
|
=
_____ acres
|
8.
|
Moderately steep slopes: total land area with natural ground
slopes of between 12% and 25%
|
60% (0.6)
|
X _____acres
|
=
_____ acres
|
9.
|
Ponds, lakes and streams: total area of ponds, lakes and streams.
|
100% (1.0)
|
X _____acres
|
=
_____ acres
|
10.
|
Total area of natural resource elements
|
|
=
_____ acres
|
|
11.
|
Total constrained lands
|
|
|
=
_____ acres
|
Formula: (Adjusted Tract Area) = (Gross Tract Area) —
(Constrained Lands)
|
(b)
If a portion of the tract is underlain by more than one natural
feature subject to a protection factor, that acreage shall be subject
to the most restrictive protection factor.
(c)
Since acreage that is contained within the 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 resource element subject to a deduction from the total tract
acreage should not be included when calculating the adjusted tract
area.
(d)
Permitted dwelling units. The maximum number of permitted dwelling
units equals the adjusted tract area divided by the density factor.
(2) Yield plan approach. Determination of density, or maximum number
of permitted dwelling units, shall be based upon the underlying zoning
district regulations, and any applicable Natural Features or Floodplain
Overlay Zoning Districts. Yield plans shall meet the following requirements:
(a)
SALDO requirements. Yield plans must be prepared as conceptual layout plans in accordance with the standards of Articles
IV and
V of Chapter
235, Subdivision and Land Development, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
(b)
Resource identification. The yield plan must identify the site's
primary and secondary conservation areas, as identified in the Existing
Resources and Site Analysis Plan, and demonstrate that the primary
conservation areas could be successfully absorbed in the development
process without disturbance, by allocating this area to proposed residential
lots which conform to the regulations of the underlying zoning district.
The yield plan shall be based upon accurate mapping of wetlands, one-hundred-year
floodplains and land with slopes greater than 12%.
(c)
Individual on-lot sewage disposal systems. On sites not served
by central or public sewage disposal, density shall be further determined
by evaluating the number of homes that could be supported by individual
on-lot septic systems on conventional lots. Based on the primary and
secondary resources, identified as part of the inventory and analysis,
and observations made during an on-site visit of the property, the
Township Planning Commission shall select a 10% sample of the lots
considered to be marginal for on-lot sewage disposal. The applicant
is required to provide evidence that these lots meet the standards
for an individual on-lot septic system and replacement area before
the applicant shall be granted the full density determined by the
yield plan. Should any of the lots in a sample fail to meet the standard
for individual on-lot septic system, those lots shall be deducted
from the yield plan and a second 10% sample shall be selected by the
Township Planning Commission and tested for compliance. This process
shall be repeated until all lots in a given sample meet the standard
for an individual on-lot septic system.
(d)
Yield plan dimensional standards. The dimensional standards
for yield plans shall be those of the underlying zoning district as
supplemented or modified by the Natural Features Overlay Districts,
and the Floodplain Protection Overlay District.
[Amended 6-1-2023 by Ord. No. 2-2023]
The dimensional standards for dwellings are as follows:
Single-Family Detached Dwelling
|
---|
Dimensional Criteria
|
Both Utilities
(Centralized Water and Centralized Sewer)
|
1 Utility
(Centralized Water or Centralized Sewer)
|
No Utilities
(No Centralized Water or Sewer)
|
---|
Residential (R)
|
Minimum lot area (square feet)
|
7,500
|
10,000
|
20,000
|
Minimum lot width (feet)
|
70
|
70
|
80
|
Front setback (feet)
|
40
|
Side setback (feet)
|
10
|
20
|
Rear setback (feet)
|
20
|
20
|
25
|
Maximum building height (stories/feet)
|
2.5 stories or 35 feet
|
Maximum lot coverage (percent)
|
60%
|
45%
|
35%
|
Single-Family Semidetached Dwelling[Amended 4-20-2010 by Ord. No. 2-2010]
|
---|
Dimensional Criteria
|
Both Utilities
(Centralized Water and Centralized Sewer)
|
1 Utility
(Centralized Water or Centralized Sewer)
|
No Utilities
(No Centralized Water or Sewer)
|
---|
Residential (R)
|
Minimum lot area (square feet)
|
4,0001
|
Not permitted
|
Not permitted
|
Minimum lot width (feet)
|
701
|
Not permitted
|
Not permitted
|
Front setback (feet)
|
40
|
Not permitted
|
Not permitted
|
Side setback (feet)
|
0 between attached structures, 10
|
Not permitted
|
Not permitted
|
Rear setback (feet)
|
20
|
Not permitted
|
Not permitted
|
Maximum building height (stories/feet)
|
2.5 stories or 35 feet
|
Not permitted
|
Not permitted
|
Maximum lot coverage (percent)
|
65%
|
Not permitted
|
Not permitted
|
NOTES:
|
---|
1
|
Per dwelling unit.
|
Two-Family Dwelling
|
---|
Dimensional Criteria
|
Both Utilities
(Centralized Water and Centralized Sewer)
|
1 Utility
(Centralized Water or Centralized Sewer)
|
No Utilities
(No Centralized Water or Sewer)
|
---|
Residential (R)
|
Minimum lot area (square feet)
|
4,0001
|
Not permitted
|
Not permitted
|
Minimum lot width (feet)
|
701
|
Not permitted
|
Not permitted
|
Front setback (feet)
|
40
|
Not permitted
|
Not permitted
|
Side setback (feet)
|
10
|
Not permitted
|
Not permitted
|
Rear setback (feet)
|
20
|
Not permitted
|
Not permitted
|
Maximum building height (stories/feet)
|
2.5 stories or 35 feet
|
Not permitted
|
Not permitted
|
Maximum lot coverage (percent)
|
65%
|
Not permitted
|
Not permitted
|
NOTES:
|
---|
1
|
Per dwelling unit.
|
Single-Family Attached Dwelling[Amended 4-20-2010 by Ord. No. 2-2010]
|
---|
Dimensional Criteria
|
Both Utilities
(Centralized Water and Centralized Sewer)
|
1 Utility
(Centralized Water or Centralized Sewer)
|
No Utilities
(No Centralized Water or Sewer)
|
---|
Residential (R)
|
|
|
|
Minimum lot area (square feet)
|
1,8001
|
Not permitted
|
Not permitted
|
Minimum lot width (feet)
|
201
|
Not permitted
|
Not permitted
|
Front setback (feet)
|
40
|
Not permitted
|
Not permitted
|
Side setback (feet)
|
0 between attached structures2
|
Not permitted
|
Not permitted
|
Rear setback (feet)
|
20
|
Not permitted
|
Not permitted
|
Maximum building height (stories/feet)
|
2.5 stories or 35 feet
|
Not permitted
|
Not permitted
|
Maximum lot coverage (percent)
|
70%
|
Not permitted
|
Not permitted
|
NOTES:
|
---|
1
|
Per dwelling unit.
|
2
|
End units are considered semidetached buildings and shall comply
with the requirements for single-family semidetached dwelling.
|
In addition to the design standards set forth in Articles
IV and
V of Chapter
235, Subdivision and Land Development, conservation subdivisions using neutral density and basic conservation shall conform with the following design standards:
A. Dwelling lots. Dwelling lots shall not encroach upon primary conservation areas as identified in Article
IV of Chapter
235, Subdivision and Land Development, and their layout shall respect secondary conservation areas as described in both this chapter and in Chapter
235, Subdivision and Land Development.
B. Dwelling setbacks. All new dwellings shall meet the following setback
requirements:
Dwelling Setbacks
|
Distance
(feet)
|
---|
External street rights-of-way
|
100
|
Other tract boundaries
|
50
|
Cropland or pasture land
|
100
|
Agricultural buildings or barnyards housing livestock
|
150
|
Active recreation areas such as courts or playing fields (not
including tot-lots)
|
100
|
C. Exterior views of dwelling lots. Exterior views of dwelling lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Article
XXIV, Landscaping, of this chapter and Article
V of Chapter
235, Subdivision and Land Development.
D. Dwelling lot access. Dwelling lots shall generally be accessed from
interior streets, rather than from roads bordering the tract.
E. Dwelling lots abutting open space and greenway. At least 30% of the
dwelling lots shall directly abut or face open space and greenway
land across a street.
F. Open space and greenway standards. Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the open space and greenway land created under this article of this chapter are contained in §
270-74 of this chapter.
Protected open space and greenway land in all conservation subdivisions
shall meet the following standards:
A. Permitted uses on open space and greenway lands. The following uses
are permitted in open space and greenway land areas:
(1) Nature preserve and wildlife sanctuary, and other similar-type conservation
uses;
(2) Agriculture (excluding agribusiness);
(3) Pastureland for horses used solely for recreational purposes. Equestrian
facilities shall be permitted but may not consume more than 75% of
the minimum required open space and greenway land;
(5) Neighborhood open space uses such as village greens, commons, picnic
areas, community gardens, trails, and similar low-impact passive recreational
uses specifically excluding motorized off-road vehicles, shooting
ranges, and other uses similar in character and potential impact as
determined by the Board of Supervisors;
(6) Active noncommercial recreation areas, such as playing-fields, playgrounds,
courts, and bikeways, provided such areas do not consume more than
half of the minimum required open space and greenway land or five
acres, whichever is less. Playing fields, playgrounds, and courts
shall not be located within 100 feet of abutting properties. Parking
facilities for the same shall also be permitted, and they shall generally
be gravel-surfaced, unlighted, properly drained, provide safe ingress
and egress, and contain no more than 10 parking spaces;
(7) Golf courses, including their parking areas and associated structures,
may comprise up to half of the minimum required open space and greenway
land, but shall not include driving ranges or miniature golf;
(8) Water supply and sewage disposal systems, and stormwater detention
areas designed, landscaped, and available for use as an integral part
of the conservation open space. However, water treatment plants and
storage tanks, central sewage treatment plants and lagoons, and a
fifty-foot buffer around such facilities shall not be included within
the minimum required open space and greenway requirement. In cases
where any sewage disposal system serving an individual dwelling is
located in an open space and greenway area, the developer shall provide
for on-site system maintenance via deed covenants and restrictions
or other means approved by the Township. This shall include, but not
be limited to, the inspection of the on-site systems and the pumping
of septic tanks at intervals of not less than three years from the
date of the operation of each system;
(9) Easements for drainage, access, sewer or water lines, or other public
purposes; and
(10)
Essential services, specifically those involving underground
utility rights-of-way. Aboveground utility and street rights-of-way
may traverse conservation areas but shall not count toward the minimum
required open space and greenway land.
B. Open space and greenway design standards.
(1) Open space and greenway lands shall be laid out in general accordance
with the West Manheim Township Comprehensive Plan and/or Map of Primary
Conservation Areas by incorporating them into proposed open space
and greenway areas or avoiding their disturbance in areas proposed
for development in Map of Potential Conservation Lands (in the Comprehensive
Plan) to ensure that an interconnected network of open space and greenways
will be provided. The required open space and greenway land consists
of a mixture of primary conservation areas (PCAs), all of which must
be included, and secondary conservation areas (SCAs).
(a)
PCAs comprise:
[3]
Steep slopes (greater than 25%).
(b)
SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in Articles
IV and
V of Chapter
235, Subdivision and Land Development.
(2) In conservation subdivisions, the open space and greenway land comprises
a minimum of 25% of the adjusted tract area. This land shall generally
remain undivided and may be owned and maintained by a homeowners'
association; land trust; another conservation organization recognized
by West Manheim Township; or private individual. However, in no case
shall less than 15% of the land comprising the adjusted tract area
be available for the common use and passive enjoyment of the conservation
subdivision residents. These ownership options may be combined so
that different parts of the open space and greenway land may be owned
by different entities as determined by the Township.
(3) Common greens.
(a)
In conservation subdivisions, at least 2% to 3% of the required
greenway lands shall be in the form of common greens. A green is typically
5,000 square feet to 20,000 square feet in area, with a maximum area
of 32,000 square feet, and shall be located internal to the developed
areas. The minimum percent of open space in greens shall be determined
as follows:
[1]
Two percent of the required open space when the average lot
size is 15,000 square feet or more.
[2]
Three percent of the required open space when the average lot
size is less than 15,000 square feet.
(b)
A common green may be created and maintained as the open space
around which dwellings are arranged. If common greens are utilized,
dwellings shall face the common green with the front facade of the
dwelling.
(4) Up to 5% of the total tract acreage in any of the options may be subject to West Manheim Township's public land dedication requirement in Article
V of Chapter
235, Subdivision and Land Development.
(5) Buffers for adjacent public parkland. Where the proposed subdivision
abuts public parkland, a natural open space and greenway buffer at
least 150 feet deep shall be provided within the subdivision along
its common boundary with the parkland, within which no new structures
shall be constructed, nor shall any clearing of trees or understory
growth be permitted (except as may be necessary for street or trail
construction). Where this buffer is unwooded, the Board of Supervisors
may require vegetative screening to be planted, or that it be managed
to encourage natural forest succession through "no-mow" policies and
the periodic removal of invasive alien plant and tree species.
C. Other requirements.
(1) No portion of any dwelling or building lot may be used for meeting the minimum required open space and greenway land, except as permitted in §
270-76. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space and greenway land.
(2) Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with §
270-70 herein, shall be provided to open space and greenway land in accordance with the following requirements:
(a)
Each neighborhood shall provide one centrally located access
point per 15 lots.
(b)
Access to open space and greenway land used for agriculture
may be appropriately restricted for public safety and to prevent interference
with agricultural operations.
(3) All open space and greenway land areas that are not wooded or farmed shall be landscaped in accordance with the landscaping requirements of Part
10 of this chapter.
In conservation subdivisions, the required open space and greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board of Supervisors. A list of permitted uses of open space and greenway lands is contained in §§
270-70 and
270-74.