A. 
District intent.
(1) 
The Conservation Residential Overlay District (CR) supports the sustainable development goals in the Plan Peters 2022 Comprehensive Plan by protecting natural resources and providing incentives for the creation of open spaces that add value to the community. By virtue of their sufficient size, potential recreation utility, provision of visual relief, preservation of sensitive natural features, proximity to dwellings and/or contribution to a connected system of open space, these spaces enhance the overall quality of life of the community and conserve important natural amenities. Conservation subdivision design preserves open space while maintaining the density of residential units across the overall site area.
(2) 
This overlay district is designated as a TND Overlay District [the TND Traditional Neighborhood Development District, in accordance with the MPC (Pennsylvania Municipalities Planning Code Article VII-A)]. As such the criteria and standards set forth herein shall provide development alternatives, where stated, to the underlying zoning districts.
(3) 
The general intent and criteria for establishing residential zoning districts in Peters Township include:
(a) 
Providing sufficient, appropriately located space for residential development which provides a range of housing types and densities in order to meet the housing needs of the Township's present and expected future population.
(b) 
Establishing zoning district boundaries that identify the areas of Peters Township that best meet the criteria established below.
[1] 
Assure light, air and privacy by controlling the spacing and height of buildings and other structures.
[2] 
Protect residential areas against hazards of fire, offensive noise, vibration, smoke, odors, glare or other objectionable influences.
[3] 
Prevent congestion, as far as possible, by regulating the density of population, the bulk of buildings, and by providing for sufficient off-street parking.
[4] 
Protect residential neighborhoods from traffic congestion.
[5] 
Make possible provisions for public and private educational, recreational, health and similar facilities which perform most effectively in a residential environment, which serve the needs of nearby residents and which do not create objectionable influences.
[6] 
Promote the most desirable use of land and direction of building development in accordance with well-considered plans that protect the character of the Township's residential districts.
[7] 
Promote stable residential development that conserves the value of land and buildings while contributing to the Township's tax base.
[8] 
Encourage residential development practices that respect the Township's traditional agricultural character and enterprises.
[9] 
Promote the preservation of the Township's agricultural land.
[10] 
Maintain the character of Peters Township as established in the Plan Peters 2022 Comprehensive Plan.
[11] 
Not exceed existing capacities of the existing and proposed public infrastructure.
(4) 
As stated in Plan Peters 2022, the Conservation Residential Overlay District (CR) is intended to:
(a) 
Allow development that permanently protects rural character, open space, agricultural lands, woodlands, wetlands, critical views and other natural features in the Township.
(b) 
Allow flexibility in the placement and type of dwelling units within the subdivision.
(c) 
Reduce the number of new roads and allow flexibility in road specifications for roads serving residences in the Conservation Residential Overlay District (CR).
(d) 
Reduce the amount of impervious surfaces in subdivisions, including driveways.
(e) 
Encourage more efficient land development patterns that reduce the cost of infrastructure and maintenance.
(f) 
Ensure that development in the Conservation Residential Overlay District (CR) results in the creation of usable open space that contributes to the overall character and experience of the community.
(g) 
Protect the local landscape and environmentally sensitive lands from the disruptive effects of conventional subdivision design.
(h) 
Establish that designated open space be protected from future subdivision and more intense development through deed restrictions.
(i) 
Encourage street connectivity with curvilinear streets of varying block lengths.
B. 
Criteria for consideration.
(1) 
Approval or denial of a CR Conservation Residential Overlay District development shall be based on the extent to which the preliminary (master) and final plans meet the following general and specific criteria and others contained within this chapter.
(2) 
This code will include both design and development standards (which shall be met) and guidelines (which are encouraged, but not required):
(a) 
All developments to be considered for inclusion in the Conservation Residential Overlay District (CR) shall be greater than or equal to five acres.
(b) 
All primary conservation areas are to be protected as permanent open space.
(c) 
All developments shall follow the principles of open space or conservation planning and design.
(d) 
All developments shall have a common open space focal point.
(e) 
All designated open spaces are identified as conservation/passive, functional or productive and/or contribute to the natural, scenic or cultural properties inherent to the overall site/neighborhood.
(f) 
All streets, sidewalks, greenways and trails within the development/subdivision shall establish intra- and inter-neighborhood connections to the maximum extent.
(g) 
All designated open spaces, internal streets, entrances/gateways, trails, sidewalks, natural drainage systems, and inter-neighborhood connections shall be clearly identified on the preliminary (master) plan. All constrained land (as identified in designated open space: constrained and excluded land) shall be considered as designated open space, and may not be altered without approval of the Peters Township Planning Commission and the Peters Township Council. All excluded land (identified in designated open space: constrained and excluded land) shall not be considered as designated open space, but must be maintained for the common good.
(h) 
All development shall proactively accommodate persons with disabilities, and ensure that all public resources are accessible to all persons.
(i) 
All development must meet the ordinance requirements of Peters Township and follow the codes specified in the Pennsylvania Uniform Construction Code, and standards established in the Peters Township Subdivision and Land Development Ordinance (SALDO).[1]
NOTE: Restrictions not specifically covered in these ordinances may be addressed, or supplemented through private restrictive covenants.
[1]
Editor's Note: See Ch. 385, Subdivision and Land Development.
C. 
Requirements for approval.
(1) 
Preliminary (master) plan, in accordance with §§ 385-19 through 385-24 of the Peters Township Subdivision and Land Development Code (SALDO). Any development within the CR Conservation Residential Overlay District shall meet the following requirements:
(a) 
Preliminary (master) plans shall be prepared when any individual property/facility within the CR Conservation Residential Overlay District is proposed for development or redevelopment.
(b) 
Any subdivided properties that are intended to be developed at a later date shall adhere to the approved preliminary (master) plan.
(c) 
The preliminary (master) plan shall show proposed buildings, land uses, lots, streets, and open space for the entire tract.
(d) 
Developments shall not be permitted to use a combination of the underlying zoning district and overlay district regulations once a development begins construction using the CR Conservation Residential Overlay District zoning provisions. The plan shall be required to build-out in accordance with the approved CR Conservation Residential Overlay District plan.
(2) 
Phased development.
(a) 
Development of property within the CR Conservation Residential Overlay District may be done in phases. The Township reserves the right to require that certain public improvements occur within a designated phase, such as a street connection or other improvement as may be required.
(b) 
The development's preliminary (master) plan shall be approved by the Peters Township Planning Commission and the Peters Township Council.
(c) 
Applicants submitting preliminary and final plans shall also submit architectural drawings, such as elevations, perspective drawings, axonometrics (or other measurable three-dimensional drawings), and cross sections, that demonstrate compliance with the standards in the CR Conservation Residential Overlay District. Preliminary plan submittals shall include typical building elevations for the types of units proposed.
(d) 
Utilities (sewer and water). All development in the CR Conservation Residential Overlay District shall be served by public sewer and public water facilities.
(e) 
Ownership. Any land area proposed for development shall be in one ownership or shall be subject to a single joint application filed by every owner of the land area proposed for development, under single direction, using one overall preliminary (master) plan and complying with all requirements of the CR Conservation Residential Overlay District. Preliminary plan applications shall include an executed agreement of sale or other executed contracts to ensure the applicant's status as an applicant.
(f) 
Parking, signage, streetscape/landscape. Off-street and on-street parking, signage and streetscape/landscape shall be provided in accordance with that specified in Subsection L, Parking standards, in the CR Conservation Residential Overlay District.
D. 
Applicability and uses.
(1) 
The CR Conservation Residential Overlay District shall be an overlay according to the boundaries specified on the CR/MR Zoning Overlay Exhibit Map.
(2) 
CR uses (permitted, special exceptions, conditional uses) specify uses permitted by right or allowed conditionally or by special exception in the CR Conservation Residential Overlay District.
E. 
Principal uses. The following is a list of principal uses that are permitted by right, special exception, conditional use or administrative approval:
Figure CR.1
Permitted Uses in CR Conservation Residential Overlay District
Key:
P = Permitted use
S = Special exception
C = Conditional use
A = Approval by administrative review
Residential
Single-family attached
P
Single-family detached
P
Agriculture
Agricultural operations
P
Community garden
P
Farm
P
Forestry/woodlot
P
Recreation, Education, Public Assembly
Cemetery
S
Equestrian facility
S
Place of worship/assembly
S
Private club
S
Recreation facility: private
S
Recreation facility: public
P
School
S
Services
Bed-and-breakfast
S
Day-care facility
S
Public utility facility
P
Public Facilities/Infrastructure
Commercial wireless communications facility
New tower on existing building/structure
A
Co-location on existing tower located on building/structure
A
Co-location on existing communications tower
A
Antenna mounted on existing building or tower
A
New tower in the right-of-way
S
Emergency services
C
Essential services
P
Public works facility
S
Accessory
Family day care
S
Home-based business (no-impact)
P
Home occupation
P
Limited lodging
P
Parking lot
P
Recreation facility: single-family residential
P
Solar energy system (small)
P
Wind facility (small)
P
Other accessory uses customarily incidental to and on the same lot with any permitted use authorized in the district
P
F. 
Development standards.
(1) 
All grading and construction shall occur within the buildable area of the tract as demonstrated on the preliminary (master) plan.
(2) 
Construction activity, the staging of construction, or other site disturbance may not occur in designated or protected open space unless specifically approved as part of the preliminary (master) plan.
(3) 
A CR Conservation Residential Overlay District development is encouraged, but not required, to offer a diversity of housing types. The diversity of housing types within the Conservation Residential Overlay District shall meet the following standards:
               Figure CR.2 - Housing Diversity for Conservation Subdivision Design
Figure CR.2
Housing Diversity for Conservation Subdivision Design
Standard
Base District (LD)
CR Overlay District
Option A
Option B
Option C
Density
1.2 lots/gross acre
2.0 dwelling units/gross acre
2.5 dwelling units/gross acre
3.0 dwelling units/gross acre
Overall Development Size
Less than or equal to 15 acres
Lot size
0.5-acre lots
Flexible lot size
Housing type
100% single-family detached units
100% single-family detached units
Maximum units per building
1
More than 15 acres; less than or equal to 100 acres
Lot size
0.5-acre lots
Flexible lot size
Housing type
100% single-family detached units
▪ > = 85% single-family detached;
▪ <15% single-family attached
Maximum units per building
< = 6 units: single-family attached
More than 100 acres
Lot size
0.5-acre lots
Flexible lot size
Housing type
100% single-family detached units
▪ > = 70% single-family detached;
▪ <30% single-family attached
Maximum units per building
< = 6 units: single-family attached
NOTE: CR Overlay developments greater than 15 acres may use the detached/attached percentages are not required.
(4) 
The total number of allowable dwelling units proposed for development shall be determined by multiplying the gross acreage of the tract to be developed by the base maximum dwelling units per acre, as specified within the Density/Open Space for Conservation Subdivision Design should the property owner elect an alternative design option, as described in the Density/Open Space for Conservation Subdivision Design. (Round down fractional units less than 0.5 and round up fractional units 0.5 or greater.)
Figure CR.3
Density/Open Space for Conservation Subdivision Design
Standard
Base District (LD)
CR Overlay District
Option A
Option B
Option C
Density
1.2 lots/gross acre
2.0 dwelling units/gross acre
2.5 dwelling units/gross acre
3.0 dwelling units/gross acre
Open Space Set Aside
0.07 acre/lot
25% of gross acreage
30% of gross acreage
40% of gross acreage
Usable Open Space Provisions
N.A.
Dedicated open space shall be usable for passive and/or active recreation, or comprised of delineated wetlands, open bodies of water, rivers/streams, or steep slopes.
Minimum Lot Size
0.5 acre
None
None
None
G. 
Lot and site standards.
(1) 
The placement of all principal buildings shall provide for public safety as well as privacy by providing adequate yards as shown in the site design requirements.
(2) 
Buffer zones.
(a) 
Buffer zones of at least 25 feet shall be placed between the residential property line and agricultural uses/zones.
(b) 
Buffer zones of at least 40 feet shall be placed between the residential property lines and collector, connector and arterial streets.
(c) 
The buffer zone shall be included in the area to be subdivided and may be considered as part of the designated open space.
(d) 
The buffer area shall be appropriately planted with native grasses, shrubs and trees and/or permanent agro-forestry features such as fruit or nut trees, and/or a windbreak (evergreens five feet to six feet in height or deciduous trees exceeding two inches in caliper, not less than eight feet in height).
(e) 
Local streets may be included as part of the buffer, if vegetative screening utilized.
(3) 
Residential units or lots shall be oriented with direct access to common open space, to the maximum extent possible. To that end, each dwelling unit or lot shall have at least one side abut open space, to the maximum extent possible, to provide direct views and access. Common open space across a street shall qualify for this requirement.
(4) 
A conservation development may contain one or more groupings of dwelling units and/or lots.
(5) 
Dwelling unit lots and integrated resources (shared community facilities) shall be accessed only from interior (local) streets.
(6) 
Green courts are also encouraged as a means of creating shared common space and a stronger sense of place.
(7) 
Topography, tree and ground cover and natural drainageways shall be treated as fixed determinants of road and lot configuration. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas and the Peters Township Grading Ordinances (Chapter 229, Peters Township Code of Ordinances).
(8) 
Accessory structures and dwellings in this overlay district shall meet the following minimum structural design standards:
(a) 
Shall be erected within the buildable area of the site.
(b) 
Stand-alone accessory structures shall not be erected within five feet of the primary structure.
(c) 
The total area of all primary and accessory structures to be erected on any lot shall not exceed the lot coverage specified in site design requirements.
(d) 
No accessory structures shall be built in the front yard.
H. 
Conservation residential inventory and site design.
(1) 
It shall be required that the developer prepare a conservation residential inventory and site design. The following outlines the procedures for conducting a conservation-based design and layout for subdivision plans in the CR Conservation Residential Overlay District. The conservation design layout procedure is designed to assist the applicant, the Peters Township Planning Commission, Peters Township Council, and the public in preparing and analyzing the materials for subdivision applications within the CR: Conservation Residential Overlay District.
(2) 
The conservation residential inventory and site/subdivision design layout shall be presented to the Township Planning/Engineering staff as a conceptual preliminary (master) plan prior to filing of a preliminary (master) plan application for a proposed development within the CR Conservation Residential Overlay District, and include the following:
(a) 
Develop a preliminary existing resources and site analysis plan clearly showing and labeling the natural, cultural, and scenic features.
(b) 
Conduct a preliminary conservation analysis and develop the conservation concepts which may be included on the preliminary existing resources/site analysis plan.
(c) 
The conservation residential inventory and site/subdivision design layout and preliminary landscape plan shall be prepared and sealed by a landscape architect (RLA) licensed in the Commonwealth of Pennsylvania and included with preliminary (master) plan documents to be reviewed.
(d) 
The preliminary landscape plan shall show all significant features to be altered and/or removed as well as a plan showing all features (woodlots, street trees, water features, natural drainage systems, sidewalks, etc.) proposed to be included in the development.
(e) 
Demonstrate a proposed layout of the development concept that works with, and complements the conservation concepts (part of the preliminary (master) plan).
(f) 
Prepare a supportive conceptual preliminary (master) plan that shows the synthesized conservation and development concepts.
                     Figure CR.4 - CR Conservation Residential Overlay District Site Design Requirements
Figure CR.4
CR Conservation Residential Overlay District Site Design Requirements
[Amended 5-13-2019 by Ord. No. 841; 10-11-2021 by Ord. No. 869]
Standard
Single-Family Detached
Single-Family Attached
(Townhomes)
Single-Family Attached
(Duplex)
Overall right-of-way (back of sidewalk-back of sidewalk)
▪ Narrow: 40 feet - 45 feet; Medium: 46 feet - 54 feet; Wide: 55 feet - 61 feet
▪ 24 feet cartway width (10 feet/lane) - including 2-foot curbs on each side
Front setback
Not less than 25 feet, and not more than 30 feet from right-of-way to front facade/porch1
Minimum side yard setbacks (to lot line)
7.5 feet
10 feet
7.5 feet
Development size
All developments shall be greater than or equal to 5 acres
Lot size
No minimum lot size
Lot width
75 feet minimum lot width
24 feet maximum/unit
36 feet maximum/unit
Dwelling units/structure (maximum)
1
3 to 6
2
Minimum rear yard setback (to primary structure)
20 feet
20 feet
20 feet
Minimum setback to accessory structure
Rear
5 feet
5 feet
5 feet
Side
7.5 feet
10 feet
7.5 feet
Lot coverage (maximum %)
30%
50%
35%
Placement of accessory structures (excluding garages)
▪ Shall be within the buildable area of the site
▪ Shall not be within 5 feet of primary structure
▪ Accessory structure side yard setback shall match that of primary structure
▪ Shall not be located in the front yard
Maximum building height
▪ 37-foot height/build-up line
▪ Shall be pitched roof
Sidewalk
5 feet required, both sides of the street, barrier-free
Planting/utility strip
3 feet minimum, planted
Lighting (in planting/utility strip)
▪ Bollard or decorative street lamp, less than or equal to 12 feet in height
▪ LED lighting shall be used
Perimeter buffer
▪ 40-foot perimeter buffer required between development and collector, connector or arterial streets
▪ 25-foot perimeter buffer is required between the development and agricultural operations and nonresidential uses
▪ Perimeter buffers may be counted as part of the designated open space requirement
Porches
▪ Porches may establish the facade line of the structure.
▪ Porches shall meet setback requirements.
▪ Canvas, vinyl or other cloth materials shall not be used as roofing materials.
▪ Front porches shall not be enclosed.
Utility placement
▪ Shall not be placed under cartway or curbs
NOTE:
1
The front building setback can transition from 50 feet to 20 feet when a CR Overlay development adjoins a conventional development.
I. 
Open space standards and management.
(1) 
An amount of land equivalent to a minimum of 25% to 40% of gross tract acreage [see Density/Open Space for Conservation Subdivision Design], including developable and undevelopable land [see Designated Open Space: Constrained and Excluded Land], shall be open space designated for natural habitat, active or passive recreation and/or conservation or preservation, including conservation for agricultural or forestry uses.
(2) 
Any proposed open space that is to be utilized as designated open space, for purposes of meeting the open space requirements of the Conservation Residential Overlay District (CR), unless conveyed to the Township, shall be deeded to an approved homeowners' association/property owners' association (HOA/POA), land trust or conservation organization and accompanied by a maintenance plan reviewed and approved in writing as determined by Peters Township.
(3) 
All open space that is owned by Peters Township, by transfer of title, deed or easement, shall be considered public and accessible to all residents of Peters Township.
(4) 
Open space standards:
(a) 
Residential units or lots shall be oriented with direct access to common open space to the maximum extent possible. To that end, each dwelling unit or lot shall have at least one side abut open space (unobstructed) to the maximum extent possible, to provide direct views and access. Common open space across a street shall qualify for this requirement.
(b) 
Open space shall be set aside, with minimal placement of temporary/staging of construction associated structures. Permanent construction of structures, paved surfaces or ground disturbance is not allowed in primary open space, unless prior approval is granted as part of the preliminary (master) plan.
(c) 
The subdivision shall provide links to open space and/or recreation on abutting parcels, including pedestrian/bike trails, to create linked pathways/corridors in the Township. Open space shall be configured so that it is adjacent to or directly across the street from as many of the subdivision's lots as possible.
(d) 
Open space in conservation subdivisions shall be physically linked, whenever possible, to the developing interconnected network of green space described in Plan Peters 2022, or the Peters Township Parks and Recreation Comprehensive Plan. Designated public trail systems which abut a conservation subdivision shall be connected to the subdivision.
(5) 
Uses not considered open space:
(a) 
Sewage treatment facilities.
(b) 
Stormwater detention basins (detention facilities can be considered open space).
(6) 
All lands and improvements in designated open space shall be established, managed and maintained. If no agency agrees to accept responsibility for the open space, responsibility falls to the owner. Unless otherwise agreed to by the Peters Township Council, the cost and responsibility of maintaining common space shall be borne by the property owner, community or recognized homeowners' association/property owners' association (HOA/POA), or approved land trust or conservation organization.
(7) 
Dedication of land or easements to Peters Township. Peters Township may, but shall not be required to, accept dedication of land or easements in the form of fee simple ownership for public use of any portion of the common open space. In the case of easement dedication, the facility remains in the ownership of the community or homeowners' association or private conservation organization, while Peters Township holds the easements. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the Township (fee simple dedication).
(b) 
Any such easements for public use shall be accessible to all residents of the Township.
(c) 
A satisfactory maintenance agreement, plus maintenance escrow, shall be reached between the owner and the Township.
(8) 
Dedication of land or easements to a private and approved land trust or conservation organization. With permission from the Township, an owner may transfer either fee simple title of or easements on the common open space land to an approved, private nonprofit land trust or conservation organization, provided that:
(a) 
The conservation organization is acceptable to the Township and is a bona fide organization intended to exist indefinitely.
(b) 
The conveyance contains appropriate provisions for a proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(c) 
The common open space is permanently restricted from future development through a conservation easement, and the Township is given the authority to enforce these restrictions.
(d) 
A maintenance agreement acceptable to the Township is established between the owner and the organization.
(9) 
Dedication of land or easements to a community and/or homeowners' association/property owners' association (HOA/POA). Common open space and recreational facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a community association, or homeowners'/property owners' association. Association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act[2] or the Pennsylvania Uniform Condominium Act,[3] and reviewed and approved by the Peters Township Solicitor, as the case may be. The association documents shall include, but not be limited to:
(a) 
A description of the common space to be owned by the association that shall include a plan of the proposal highlighting the precise location of all aspects of common space land.
(b) 
Statements setting forth the powers, duties and responsibilities of the association, including services to be provided.
(c) 
A declaration of covenants, conditions and restrictions giving perpetual easements to the lands and facilities owned by the association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections and meetings. The declaration shall give power to the association to own and maintain common space and to make and enforce rules.
(d) 
Requirements for all owners to provide a pro rata share of the cost of the operations of the association.
[1] 
A process of collection and enforcement to obtain funds from owners who fail to comply;
[2] 
A process for transition of control of the association from the developer to unit owners;
[3] 
Statements describing how the common open space will be insured, including limit of liability; and
[4] 
Provisions for the dissolution of the association and its assets.
[2]
Editor's Note: See 68 Pa. C.S.A. § 5101 et seq.
[3]
Editor's Note: See 68 Pa. C.S.A. § 3101 et seq.
J. 
Access and circulation standards.
(1) 
Measurable criteria apply:
(a) 
New public or private land development projects shall demonstrate the continued development of a well-connected network of streets and access choices for all travel modes.
(b) 
No local street, alley or special circulating feature shall have a grade greater than 12%.
(c) 
Intervals between creek, or other waterbody crossings shall be more than 600 feet to minimize impact on the waterway or stream bank, and provide for maximum street surface stability as specified by the Peters Township Engineer.
(d) 
Curb cuts, direct connections between driveways and local streets, and other impediments to traffic flow shall be kept to a minimum.
(2) 
Traffic calming shall be employed following Traffic Calming Standards TC-01 through TC-09 in the Peters Township Subdivision and Land Development Ordinance (SALDO), Appendix A. In addition, street trees and on-street parking may be considered traffic calming by the Peters Township Planning Commission and Council.
(3) 
Local residential streets shall have the following characteristics or meet the following standards:
(a) 
Utilities shall be subsurface. They may be placed under the front yard, sidewalk or planting strip.
[1] 
The tree line may be placed within the planting strip or front yard so as not to interfere with underground utility placement. If trees are planted in the planting strip, the planting strip shall be at least five feet between curb and sidewalk.
[2] 
Tree line shall be consistent within the development. Exceptions may be allowed with permission of the Peters Township Planning Commission or its designated representative(s).
[3] 
Planting strips may be utilized as part of the on-site stormwater management system.
[4] 
Street cross sections may be mixed within the development.
(b) 
Street cross sections.
[1] 
Selection of the appropriate cross section depends primarily on the likely demand for on-street parking and the density of the street network. The general intent is to keep the curb-to-curb dimensions of local residential streets as narrow as possible, while providing adequate width for emergency vehicles or for other vehicles to safely get around parked cars.
[2] 
In general, the more on-site parking provided, via longer driveways, rear or side loading garages, larger lots, shared parking, etc., the narrower the allowed cross-section. The street cartway shall include a one-foot curb (asphalt or concrete).
[3] 
The narrow cross section is to be used only when it is likely that there will be only temporary, infrequent on-street parking and the street network is well-connected. The narrow cross section may be used if/when:
[a] 
There is sufficient on-site parking to allow for two vehicles per unit.
[b] 
There is street access redundancy (more than one way for emergency vehicle access).
[c] 
Auxiliary/visitor parking may be provided in off-street parking bays located within a radius of 300 feet of nearby residential units (one parking space per five residential units).
[d] 
Overnight parking in the parking bays may be allowed.
[4] 
The medium cross section applies where a limited demand for on-street parking is likely. This cross section includes a travel lane in each direction and parking on one side of the street. Parking on alternating sides of the street (with a minimum of five parking spaces in each group) is allowed. The medium cross section may be used if/when:
[a] 
On-street parking is limited to designated parking areas (one side of the street only) defined by bump-outs that support mid-block pedestrian crossings.
[b] 
Sufficient on-site parking is provided for. Two vehicles per unit is recommended.
[c] 
There is street access redundancy (more than one way for emergency vehicle access).
[d] 
Auxiliary/visitor parking may be provided in off-street parking bays located within 300 feet of nearby driveways.
[e] 
Overnight parking in the parking bays may be allowed.
[5] 
The wide cross section applies where a high demand for on-street parking is likely. This cross section includes a travel lane in each direction and parking on both sides of the street. This width will also allow emergency vehicle staging anywhere along the block. The wide cross section shall be used if/when:
[a] 
On-street parking is permitted on both sides of the street, but may be limited to designated parking areas defined by bump-outs that support mid-block pedestrian crossings.
[b] 
Sufficient on-site parking is provided for. Two vehicles per unit is recommended.
[c] 
There is more than one connection to the street (for redundant emergency access routes).
[d] 
Auxiliary/visitor parking may be provided in off-street parking bays located within 300 feet of nearby driveways.
[e] 
Overnight parking in the parking bays may be allowed.
K. 
Access and circulation: street sections.
(1) 
Local residential street cross section.
(2) 
Local street cross section: generalized.
Private Zone
Residential Unit
This zone is characterized by residential land uses in styles associated with a village, with direct access via driveways, alleys or service roads.
▪ On-site parking should be sufficient to allow most cars to be parked off-street.
▪ Front porches are considered to be part of the built structure and shall be a maximum of 10 feet deep.
Front Yard
▪ This area is the traditional front yard, appropriately landscaped, but still allowing for neighborhood socialization.
▪ Street trees, optimally, should be placed in this area; and
▪ The tree canopy in the neighborhoods helps provide traffic calming and building shade.
Right-of-Way
Sidewalk/Pedestrian Zone
Crucial for safe, walkable neighborhoods, this zone includes sidewalks of adequate width for two adults to comfortably pass one another.
Planting Strip/ Green Zone
▪ Very important for pedestrian comfort and neighborhood livability. This zone may include grass and landscaping.
▪ This area should also be a part of on-site stormwater management system.
▪ Lighting, if appropriate, of the curb and sidewalk may also be appropriately placed in this area.
Vehicular and Parking Zone
This zone sets the tone for the street's multiple objectives of allowing mobility and access for both motorized vehicles and bicycles, while maintaining low volumes and speeds, and thereby contributing to overall neighborhood livability and quality of life.
▪ Local parking should primarily be on-site.
▪ Visitor parking is best accommodated in parking bays, located off-street, in proximity to the residential units.
(3) 
Local street cross section: narrow.
Right-of-Way
42 feet (minimum)
Front Yard
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip
Setback (building facade to right-of-way)
15 feet (may be up to 25 feet)
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
▪ Parking in bays, or on-site only
▪ No on-street parking
▪ Up to 30 minutes on-street parking allowed
▪ No overnight parking on-street
Sidewalk (on both sides)
5 feet (minimum)
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is optional.
Other/Comment
Marked mid-block crossings are encouraged if block is more than 150 feet.
(4) 
Local street cross section: medium.
Right-of-Way
51 feet (minimum)
Front Yard
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip
Setback (building facade to right-of-way)
15 feet (may be up to 25 feet)
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
▪ Parking in bays, or on-site
▪ On-street parking: one side of the street
▪ Alternating sides of the street, with mid-block crossings encouraged
Sidewalk (on both sides)
5 feet (minimum)
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is not required.
Other/Comment
Marked mid-block crossings are encouraged if block is more than 150 feet.
(5) 
Local street cross section: wide.
Right-of-Way
60 feet (minimum)
Front Yard
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip
Setback (building facade to right-of-way)
15 feet (may be up to 25 feet)
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
▪ Parking in bays, or on-site
▪ On-street parking allowed: both sides of the street
Sidewalk (on both sides)
5 feet (minimum)
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is not required.
Other/Comment
Marked mid-block crossings are encouraged if block is more than 150 feet.
(6) 
Local street cross section: boulevard/entrance.
Right-of-Way
76 feet (minimum)
Planting Strip/Drainage Area
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip
Boulevard/Median
12 feet (maximum 20 feet)
Setback (building facade to right-of-way)
Not applicable
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
No parking in entrance area
Sidewalk (on both sides)
▪ 5 feet (minimum)
▪ 4-foot bike lane encouraged along curb
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is not required.
Other/Comment
Development identity signage may be placed in the area.
(7) 
Local residential street cross section: alley.
Right-of-Way
16 feet (minimum)
Planting Strip/Drainage Area
Between rear driveway/apron
Setback (building facade to right-of-way)
20 feet (with rear facing garage, garage is built to setback line)
Driving Lane
16 feet (includes optional curbs)
Parking
In garage or on driveway/apron; otherwise no parking in this area
Sidewalk
Not applicable
Tree Spacing
(street trees shall be in accordance with landscape design standards)
Trees may be placed in planting strip between driveways
Stormwater Management
Bioswales may be in planting strips.
Lighting
Not applicable [Private security lighting may be installed. (See Lighting Standards.)]
Utilities
Discouraged, but may be placed under alley
Other/Comment
▪ This area is meant for rear access to the properties for service and rear parking configurations.
▪ Parking/service courts are allowed.
▪ Through traffic is strongly discouraged.
▪ Alleys may be one-way if clearly marked.
▪ The Township may, but shall not be required to, accept dedication.
L. 
Parking standards.
Figure CR.5
Parking Requirements in Conservation Residential Overlay District (CR)
Residence Type
Number of Parking Spaces per Dwelling Unit
Visitor Spaces per Dwelling Unit
(on-site or off-site within 300 feet of structure)
Single-family detached dwelling
2.0
1.5
Single-family attached: duplex
2.0
1.0
Single-family attached: townhomes
2.0
1.0
(1) 
Permitted off-street parking locations.
(a) 
Single-family detached dwellings.
[1] 
Parking facilities shall consist of a driveway, parking strip, parking space and/or private garage located on the same lot or parcel as the dwelling they are intended to serve.
[2] 
No parking shall be permitted elsewhere on the lot or abutting public right-of-way, except upon a paved street, or in parking bays where such parking is otherwise permitted.
[3] 
Not more than 50% of the required front yard area of a single-family lot shall be occupied by driveway.
(b) 
Single-family attached.
[1] 
The off-street parking facilities for single-family attached shall be located on the same lot or parcel as the uses they are intended to serve, or in parking bays located in close proximity (300 feet maximum) to the residential property.
[2] 
Parking in multi-unit structures may be contained within a parking court, central to the structure, or a parking deck below the residential structure.
(2) 
Public access to open space and all other uses. Off-street parking facilities for access to public open space and for all other uses shall be located on the same lot, parcel or site as the use they are intended to serve.
(3) 
Special parking. In any residential district, no person, corporation or association shall cause, allow, permit or suffer any oversized vehicle registered in its name or operated by it, or its agent, to be parked in any manner or placed upon a public street or in the street right-of-way except if such vehicle is actively assisting in an emergency, such as a fire or traffic accident, or the vehicle is in the active process of being loaded or unloaded.
(a) 
No commercial vehicles or construction equipment or mechanical equipment over 17,000 pounds gross vehicular weight (GVW), nor a vehicle larger than 10 feet by 16 feet shall be permitted to park on-street overnight.
(b) 
One commercial vehicle, or construction equipment or mechanical equipment over 17,000 pounds gross vehicular weight (GVW), or a vehicle larger than 10 feet by 16 feet may be permitted to park off-street overnight.
(c) 
To the maximum extent feasible, all parking shall integrate green stormwater management resources on site.
M. 
Design standards: structures.
(1) 
The key provisions of the Conservation Residential Overlay District (CR) include:
(a) 
Establishing a strong neighborhood identity through the integration of neighborhood design standards help make the Conservation Residential Overlay District (CR) unique from most residential zoning districts found in the Township.
(b) 
Providing design flexibility, especially in developments where custom homes are being built. Private restrictive covenants may be developed to supplement the design standards/guidelines.
(2) 
Architectural character and detailing.
(a) 
General character.
[1] 
Exterior cladding and finishes.
[a] 
Architectural details and exterior finish materials shall complement, be compatible with, and define the style and design aesthetic of the community.
[b] 
All elevations of the main body of the house shall be consistent in style and character.
[c] 
Exterior finish materials may include brick, painted brick, stone, lap siding, shake siding or their high-quality equivalents (i.e., vinyl siding).
[2] 
Roofing.
[a] 
Roofing materials may include:
[i] 
Asphalt shingles;
[ii] 
Standing seam metals;
[iii] 
Slate or synthetic slate;
[iv] 
Terra cotta/ceramic; or
[v] 
Wood shakes, appropriate to the style.
[b] 
Roofing materials shall be consistent within the development.
[c] 
All structures on the same lot must utilize the same roofing material.
[3] 
All exposed, above-grade foundations shall be covered with brick or stone veneer.
[4] 
Block (split-faced, colored concrete, stamped, etc.) shall not be used for exposed, exterior surfaces.
N. 
Design standards: landscape/streetscape.
(1) 
In the CR Conservation Residential Overlay District, streetscape is intended to be formed by buildings located relatively close to the sidewalk, creating opportunities for neighborhood sociability.
(2) 
General provisions, signage and mailboxes. The streetscape of the Conservation Overlay District is intended to be enhanced with street trees, landscaping, pedestrian-scale streetlights, fences, sidewalks, porches, and other front yard amenities.
(a) 
No privacy fences shall be placed in the front yard.
(b) 
Signage and mailboxes.
[1] 
All dwelling units and building units shall have street numbers located so as to be visible from and oriented toward the street from which the address is taken.
[2] 
Street address numbers shall be greater than four inches in height, and of a contrasting color to the background.
[3] 
Additional signage showing homeowner name or house number may be used.
[4] 
Street address signs may be illuminated.
[5] 
Mailboxes shall follow recommendations of the United States Postal Service (USPS).
O. 
Lighting standards. Pedestrian-scaled streetlights are intended to provide a safe and attractive complement to the streetscape. Streetlight installation is optional. If streetlights are installed, they shall meet the following standards:
(1) 
Human-scaled, decorative lighting standard.
(2) 
Bollard-type lighting.
(3) 
Cobra head lighting fixtures shall not be used.
(4) 
Streetlight posts may be equipped to support an attached vertical banner.
(5) 
If streetlights are to be installed, they shall be pedestrian-scaled in size and character.
(6) 
Utilize LED lighting.
(7) 
Utilize appropriate hooding, focusing or other such technique to minimize the spread of light away from targeted area.
(8) 
Not utilize uplighting, except in very limited applications and with approval of the Peters Township Planning Department.
(9) 
Streetlights shall be maintained along both sides of all streets.
(10) 
Streetlights shall be located in the planting strip.
(11) 
Streetlights shall be of consistent style within the development.
(12) 
Streetlights in the Conservation Residential Overlay District (CR) shall not be taller than 12 feet in total height.
(13) 
Streetlights in parking areas shall not exceed 20 feet in total height.
P. 
Conservation Residential Overlay District (CR) development/subdivision process. The subdivision process for a conservation subdivision, at a minimum, shall include the following:
(1) 
Preapplication meeting. A preapplication meeting with the Peters Township Planning Department to discuss:
(a) 
The application process.
(b) 
The conservation theme.
(c) 
The design standards.
(d) 
Any proposed common ownership plans for land and structures.
(e) 
Management and ownership of designated open space.
(2) 
Submission of concept plan to the Peters Township Planning Department. Submission of a concept plan that contains:
(a) 
Base mapping at a scale of one inch equals 100 feet, and including a graphic scale.
(b) 
A mapped resource inventory that includes:
[1] 
Topographic contours at two-foot intervals.
[2] 
Identification of soil type locations and characteristics, such as agricultural capability, depth to bedrock and suitability for wastewater disposal systems.
[3] 
Hydrological characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainageways.
[4] 
Current land use, including all buildings and structures.
(c) 
A site analysis that precisely identifies:
[1] 
Primary conservation/open space areas.
[2] 
Secondary conservation/open space areas.
[3] 
Special views and vistas.
[4] 
Street connectivity using the street connectivity index or similar empirical methodology.
[5] 
Connections to the Peters Township and regional open space systems.
[6] 
Street and open space concept.
[7] 
Street sections.
[8] 
Building setbacks.
[9] 
Parcel lines and building placement concepts for residential and accessory buildings and major structures (i.e., pools, playground equipment, sports facilities).
[10] 
Any features of unique heritage, cultural and/or historic significance.
[11] 
Natural resource and tree protection plan.
[12] 
Landscape plan.
[13] 
Utility easements.
[14] 
If applicable, statement of intent to establish a homeowner's association.
(3) 
A meeting with the Planning Director to review the concept plan.
(4) 
Submission of a preliminary (master) plan for review and approval by the Planning Commission and the Peters Township Council.
(5) 
Submission of a final plan for review by the Planning Commission and Peters Township Council.
A. 
District intent.
(1) 
The MR Mixed Residential Overlay District allows for provision of a variety of housing types and residential densities organized in a cohesive, well-connected community. The overlay district is designed to respect the character of existing neighborhoods while providing a mix of housing types to accommodate a wide range of household types and people in different stages of life.
(2) 
As stated in Plan Peters 2022, the MR Mixed Residential Overlay District is intended to:
(a) 
Create a natural transition between lower-intensity single-family neighborhoods and higher-intensity commercial or mixed-use areas.
(b) 
Promote a variety of housing types and discourage any single housing type from dominating the streetscape.
(c) 
Use scale, building orientation and landscaping to reinforce community identity.
(d) 
Develop places that promote social interaction as well as privacy.
(e) 
Alleviate the perceived impact of relatively high-density developments, such as multifamily and other attached dwellings, by requiring them to be of a pedestrian scale, bulk and orientation.
(f) 
Prioritize pedestrian and bicycle connections movement and access to buildings, open spaces and streets.
(g) 
Promote a street circulation system that provides safe and convenient access, but discourages fast or heavy traffic.
(h) 
Establish open and recreational spaces as a neighborhood focal point.
(i) 
Encourage green technologies in site development and building design and zero net discharge technologies.
B. 
Criteria for consideration.
(1) 
Approval or denial of a MR Mixed Residential Overlay District development shall be based on the extent to which the site/preliminary (master) plan meets the following general and specific criteria, and others contained within this chapter.
(2) 
This code will include both design and development standards (which shall be met) and guidelines (which are encouraged, but not required). The development shall provide for a variety of housing types and residential densities organized in a cohesive, well-connected community.
(a) 
All developments shall have a common open space focal point.
(b) 
All streets, sidewalks, greenways and trails within the development/subdivision shall establish intra- and interneighborhood connections to the maximum extent feasible. Local streets shall have a connectivity index of >1.4 (as determined by the Connectivity Index).
(c) 
All designated open spaces, internal streets, entrances/gateways, trails, sidewalks, natural drainage systems, and interneighborhood connections shall be clearly identified on the site/preliminary (master) plan.
(d) 
All development shall proactively accommodate persons with disabilities and ensure that all public resources are accessible to all persons.
(e) 
All development must meet the ordinance requirements of Peters Township and follow the codes specified in the Pennsylvania Uniform Construction Code, and standards established in the Peters Township Subdivision and Land Development Ordinance (SALDO).[1]
NOTE: Restrictions not specifically covered in these ordinances may be addressed, or supplemented through private restrictive covenants.
[1]
Editor's Note: See Ch. 385, Subdivision and Land Development.
C. 
Requirements for approval.
(1) 
Preliminary (master) plan. (See §§ 385-19 through 385-24 of the Peters Township Subdivision and Land Development Ordinance (SALDO) for detailed requirements.) Any development within the MR Mixed Residential Overlay District shall meet the following requirements:
(a) 
Site/preliminary (master) plans shall be prepared when any individual property/facility within the MR Mixed Residential Overlay District is proposed for development or redevelopment.
(b) 
Any subdivided properties that are intended to be developed at a later date shall adhere to the approved preliminary (master) plan.
(c) 
The preliminary (master) plan shall show proposed buildings, land uses, lots, streets, and open space for the entire tract.
(d) 
Developments shall not be permitted to use a combination of the underlying zoning district and overlay district regulations once a development begins construction using the MR Mixed Residential Overlay District zoning provisions. The plan shall be required to build-out in accordance with the approved MR Mixed Residential Overlay District plan.
(2) 
Phased development.
(a) 
Development of property within the MR Mixed Residential Overlay District may be done in phases. The Township reserves the right to require certain public improvements occur within a certain phase.
(b) 
The development's preliminary (master) plan shall be approved by the Peters Township Planning Commission and the Peters Township Council.
(c) 
Applicants submitting preliminary and final plans shall also submit architectural drawings, such as elevations, perspective drawings, axonometrics (or other measurable three-dimensional drawings), and cross sections, that demonstrate compliance with the standards in the MR Mixed Residential Overlay District.
(3) 
Utilities (sewer and water). All development in the MR Mixed Residential Overlay District shall be served by public sewer and public water facilities.
(4) 
Ownership. Any land area proposed for development shall be in one ownership, or shall be subject to a single joint application filed by every owner of the land area proposed for development. Development applications shall include an executed agreement of sale or other executed contracts to ensure the applicant's status, under single direction, using one overall preliminary (master) plan and complying with all requirements of the MR Mixed Residential Overlay District.
(5) 
Parking, signage, streetscape/landscape. Off-street and on-street parking, signage and streetscape/landscape shall be provided in accordance with that specified in the MR Mixed Residential Overlay District.
D. 
Applicability and uses.
(1) 
The MR Mixed Residential Overlay District shall be an overlay according to the boundaries specified on the CR/MR Zoning Overlay Exhibit Map.
(2) 
MR uses (permitted, special exceptions, conditional uses) specifies uses permitted by right or allowed conditionally or by special exception in the MR Mixed Residential Overlay District.
E. 
Principal uses. The following is a list of principal uses that are permitted by right, special exception, conditional use or administrative approval:
Figure MR.1
Permitted Uses in MR Mixed Residential District
Key:
P = Permitted use
S = Special exception
C = Conditional use
A = Approval by administrative review
Residential
Single-family detached
P
Single-family attached
P
Multifamily
P
Group living facility (Type B)
S
Agriculture
Agricultural operations
P
Community garden
P
Farm
P
Forestry/woodlot
P
Recreation, Education, Public Assembly
Place of worship/assembly
S
Private club
S
Recreation facility: private
S
Recreation facility: public
P
School
S
Studio
P
Services
Bed-and-breakfast
S
Day-care facility
S
Public Facilities/Infrastructure
Commercial wireless communications facility
New tower on existing building/structure
A
Co-location on existing tower located on building/structure
A
Co-location on existing communications tower
A
Antenna mounted on existing building or tower
A
New tower in the right-of-way
S
Emergency services
C
Essential services
P
Public works facility
S
Accessory
Family day care
P
Home-based business (no-impact)
P
Home occupation
P
Limited lodging
P
Parking lot
P
Recreation facility: single-family residential
P
Solar energy system (small)
P
Wind facility (small)
P
Other accessory uses customarily incidental to and on the same lot with any permitted use authorized in the district
P
F. 
Development standards. A MR Mixed Residential Overlay District is encouraged to offer a diversity of housing types. The underlying zoning shall be supplemented by these development standards unless specified otherwise.
[Amended 5-13-2019 by Ord. No. 841]
Figure MR.2
Housing Diversity Standards for MR Mixed Residential Overlay District
Development Size
Number of Different Housing Types Required1
Minimum Required Percentage of Each Housing Type
Gross Density
(dwelling units per gross acre)
Public/Private Open Space Required
Less than 15 acres
1
-
6
10% (of gross site area)
Greater than or equal to 15 acres to less than 50 acres
2
25%
Greater than or equal to 50 acres
32
15%
NOTES:
1 A single-family detached dwelling situated on a lot not greater than 10,000 square feet in size may be considered a standalone housing type option from those listed in Figure MR.3.
2 In developments greater than 50 acres in size, multifamily housing must be one of the housing type options utilized.
G. 
Lot and site standards.
(1) 
The placement of all principal buildings shall provide for public safety as well as privacy by providing adequate yards as shown in the site design requirements.
(2) 
Buffer zones of at least 25 feet shall be placed between the residential property line and agricultural uses/zones.
(a) 
The buffer area shall be appropriately planted with native grasses, shrubs and trees and/or permanent agro-forestry features, such as fruit or nut trees, and/or a windbreak (evergreens five feet to six feet in height or deciduous trees exceeding two inches in caliper, not less than eight feet in height).
(b) 
Local streets may be included as part of the buffer if vegetative screening is utilized.
(c) 
Perimeter buffer zones of at least 40 feet shall be placed between the residential property lines and collector, connector and arterial streets.
(d) 
Buffer areas shall provide a secure and visual barrier between agricultural uses and the mixed residential uses. Buffer areas are not required between adjoining residential areas. (This also applies to existing agricultural areas that change to residential.)
(3) 
A mixed residential development may contain one or more groupings of dwelling units and/or lots.
(4) 
Dwelling units and/or lots shall be configured (grouped) so as to maximize common open space within the mixed residential (MR) development.
(5) 
Dwelling unit lots and integrated resources (shared community facilities) shall be accessed only from interior (local) streets.
(6) 
Topography, tree and ground cover and natural drainageways shall be treated as fixed determinants of road and lot configuration. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas and the Peters Township Grading Ordinance [Chapter 229, Peters Township Ordinances (Ordinance 215)].
(7) 
Accessory dwellings and structures in this overlay district shall meet the following minimum structural design standards:
(a) 
All structures shall be erected within the buildable area of the site.
(b) 
Stand-alone accessory structures shall not be erected within five feet of the primary structure.
(c) 
The total area of all primary and accessory structures to be erected on any lot shall not exceed the lot coverage specified.
(d) 
No accessory structures shall be built in the front yard.
Figure MR.3
Site Design Requirements for MR Mixed Residential Overlay District
[Amended 10-11-2021 by Ord. No. 869]
Standard
Single-Family Detached
Single-Family Attached (Townhomes)
Two-Family Dwelling Units (Duplex)
Multifamily
Overall right-of-way (back of sidewalk-back of sidewalk)
▪ Narrow: 40 feet - 45 feet; Medium: 46 feet - 54 feet; Wide: 55 feet - 61 feet
▪ 24 feet cartway width (10 feet/lane) - including 2-foot curbs on each side
Front setback
Not less than 25 feet, and not more than 30 feet from right-of-way to front facade/porch
Minimum side yard setbacks (to lot line)
7.5 feet
(15 feet if corner lot)
10 feet
(15 feet if corner lot)
7.5 feet
(15 feet if corner lot)
10 feet
(15 feet if corner lot)
Lot width/unit
75 feet minimum lot width
24 feet maximum/unit
36 feet maximum/unit
N/A
Dwelling units/structure (maximum)
1
Minimum rear yard setback (to primary structure)
20 feet
Minimum rear yard setback (to accessory structure)
5 feet
Lot coverage (maximum %)
30%
50%
50%
50%
Placement of accessory structures (excluding garages)
▪ Shall be within the buildable area of the site
▪ Shall not be within 5 feet of primary structure
▪ Shall not be located in the front yard
▪ Shall meet side yard setbacks of the primary structure
Maximum building height
▪ 45-foot height/build-up line
▪ Shall be pitched roof
Sidewalk
5 feet required, both sides of the street, barrier-free
Planting/utility strip
3 feet minimum, planted
Lighting (in planting/utility strip)
▪ Bollard or decorative street lamp, less than or equal to 12 feet in height
▪ LED lighting shall be used
▪ Lighting shall comply with Dark Sky Standards
▪ Lighting in parking lots/areas shall be less than 20 feet in height
Perimeter open space buffer
▪ 40-foot perimeter buffer is required between development and collector, connector or arterial streets
▪ 25-foot perimeter buffer is required between the development and agricultural operations and nonresidential uses
▪ Perimeter may be counted as part of the designated open space requirement.
Porches
▪ Porches may establish the facade line of the structure.
▪ Porches shall meet setback requirements.
▪ Canvas, vinyl or other cloth materials shall not be used as roofing materials.
▪ Front porches shall not be enclosed.
Utilities
Shall not be placed under cartway or curb
Units shall be articulated to resemble, or be grouped as 2 semiattached buildings of 16 units
H. 
Open space standards and management.
(1) 
An amount of land equivalent to a minimum of greater than 10% of gross tract shall be designated open space.
(2) 
Any proposed open space that is to be utilized for purposes of meeting the open space requirements of the Mixed Residential Overlay District (MR), unless conveyed to the Township, shall be deeded to an approved homeowners' association/property owners' association (HOA/POA), land trust or conservation organization, and accompanied by a maintenance plan reviewed and approved, in writing, as determined by Peters Township.
(3) 
All open space that is owned by Peters Township, by transfer of title, deed or easement, shall be considered public and accessible to all residents of Peters Township.
(4) 
Open space standards. Open space shall be set aside with minimal placement of temporary/staging of construction associated structures. Permanent construction of structures, paved surfaces or ground disturbance is not allowed in primary open space unless prior approval is granted, in writing, by the Peters Township Planning Commission.
(a) 
Open space in mixed residential subdivisions shall be physically linked, whenever possible, to the developing interconnected network of green space described in Plan Peters 2022, or the Peters Township Parks and Recreation Comprehensive Plan. Designated public trail systems which abut a mixed residential subdivision shall be connected through the subdivision.
(b) 
Open space amenities may include:
[1] 
Green courts as a means of creating shared common space and a stronger sense of place.
[2] 
Public gathering place for formal or informal activities.
[3] 
Clubhouse, pool, tennis courts or other similar shared recreational space(s).
(5) 
All designated open space shall be surveyed and subdivided as a separate parcel or parcels. In addition, the applicant shall provide a plan for management of common open space in accordance with the following provisions:
(a) 
All lands and improvements in designated open space shall be established, managed and maintained.
(b) 
If no agency agrees to accept responsibility for the open space, responsibility falls to the owner. Unless otherwise agreed to by the Peters Township Council, the cost and responsibility of maintaining common space shall be borne by the property owner, community or recognized homeowners' association/property owners' association (HOA/POA) or approved land trust or conservation organization.
(6) 
Dedication of land or easements to Peters Township. Peters Township may, but shall not be required to, accept dedication of land or easements in the form of fee simple ownership for public use of any portion of the common open space. In the case of easement dedication, the facility remains in the ownership of the community or homeowners' association or private conservation organization, while Peters Township holds the easements. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the Township (fee simple dedication).
(b) 
Any such easements for public use shall be accessible to all residents of the Township.
(c) 
A satisfactory maintenance agreement, plus maintenance escrow shall be reached between the owner and the Township.
(7) 
Dedication of land or easements to a private and approved land trust or conservation organization. With permission from the Township, an owner may transfer either fee simple title of or easements on the common open space land to an approved, private nonprofit land trust or conservation organization, provided that:
(a) 
The conservation organization is acceptable to the Township and is a bona fide organization intended to exist indefinitely.
(b) 
The conveyance contains appropriate provisions for a proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(c) 
The common open space is permanently restricted from future development, and the Township is given the authority to enforce these restrictions.
(d) 
A maintenance agreement acceptable to the Township is established between the owner and the organization.
(8) 
Dedication of land or easements to a community and/or homeowners' association/property owners' association (HOA/POA). Common open space and recreational facilities may be held in common ownership for the use of all residents of the Township, subdivision or land development and shall thereby be controlled and maintained by a community association or homeowners' association. Association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act or the Pennsylvania Uniform Condominium Act, and reviewed and approved by the Peters Township Solicitor, as the case may be. The association documents shall include, but not be limited to:
(a) 
A description of the common space to be owned by the association that shall include a plan of the proposal highlighting the precise location of all aspects of common space land and features.
(b) 
Statements setting forth the powers, duties and responsibilities of the association, including services to be provided.
(c) 
A declaration of covenants, conditions and restrictions giving perpetual easements to the lands and facilities owned by the association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections and meetings. The declaration shall give power to the association to own and maintain common space and to make and enforce rules.
(d) 
Requirements for all owners to provide a pro rata share of the cost of the operations of the association.
[1] 
A process of collection and enforcement to obtain funds from owners who fail to comply;
[2] 
A process for transition of control of the association from the developer to unit owners;
[3] 
Statements describing how the common open space will be insured, including limit of liability; and
[4] 
Provisions for the dissolution of the association and its assets.
I. 
Access and circulation standards.
(1) 
Measurable criteria apply. New public or private land development projects shall demonstrate the continued development of a well-connected network of streets and access choices for all travel modes.
(a) 
No local street, alley or special circulating feature shall have a grade greater than 12% [§ 385-37, Peters Township Subdivision and Land Development Ordinance (SALDO)].
(b) 
Intervals between creek or other waterbody crossings shall be more than 600 feet to minimize impact on the waterway or stream bank, and provide for maximum street surface stability as specified by the Peters Township Engineer.
(c) 
Curb cuts, direct connections between driveways and local streets, and other impediments to traffic flow shall be kept to a minimum. Determination shall be in accordance with § 385-37G of the Peters Township Subdivision and Land Development Ordinance (SALDO).
(2) 
Traffic calming shall be employed following Traffic Calming Standards TC-01 through TC-09 in the Peters Township Subdivision and Land Development Ordinance (SALDO), Appendix A.
(3) 
Local residential streets shall have the following characteristics or meet the following standards:
(a) 
Utilities shall be subsurface. They may be placed under the front yard, sidewalk or planting strip.
[1] 
The tree line may be placed within the planting strip or front yard so as not to interfere with underground utility placement.
[2] 
Tree line shall be consistent within the development. Exceptions may be allowed with permission of the Peters Township Planning Commission or its designated representative(s).
[3] 
Planting strips may be utilized as part of the on-site stormwater management system.
[4] 
Street cross sections may be mixed within the development.
(b) 
Street cross sections.
[1] 
Selection of the appropriate cross section depends primarily on the likely demand for on-street parking and the density of the street network. The general intent is to keep the curb-to-curb dimensions of local residential streets as narrow as possible, while providing adequate width for emergency vehicles or for other vehicles to safely get around parked cars.
[2] 
In general, the more on-site parking provided, via longer driveways, rear or side loading garages, larger lots, shared parking, etc., the narrower the allowed cross section.
[3] 
The narrow cross section is to be used only when it is likely that there will be only temporary, infrequent on-street parking and the street network is well-connected. The narrow cross section may be used if/when:
[a] 
There is sufficient on-site parking to allow for two vehicles per unit.
[b] 
There is more than one connection to the street (for redundant emergency access routes).
[c] 
Auxiliary/visitor parking may be provided in off-street parking bays located within a radius of 300 feet of nearby residential units (one parking space per five residential units).
[d] 
Overnight parking in the parking bays may be allowed.
[4] 
The medium cross section is used when it is likely that on-street parking will occur on alternating sides of the street with some frequency. The medium cross section may be used if/when:
[a] 
The medium cross section applies where a limited demand for on-street parking is likely. This cross section includes a travel lane in each direction and parking on one side of the street. Parking on alternating sides of the street (with a minimum of five parking spaces in each group) is allowed.
[b] 
On-street parking is limited to designated parking areas (one side of the street only) defined by bump-outs that support mid-block pedestrian crossings.
[c] 
Sufficient on-site parking is provided for. Two vehicles per unit is recommended.
[d] 
There is more than one connection to the street (for redundant emergency access routes).
[e] 
Auxiliary/visitor parking may be provided in off-street parking bays located within 300 feet of nearby driveways.
[f] 
Overnight parking in the parking bays may be allowed.
[5] 
The wide cross section applies where a high demand for on-street parking is likely. This cross section includes a travel lane in each direction and parking on both sides of the street. This width will also allow emergency vehicle staging anywhere along the block. The wide cross section shall be used if/when:
[a] 
On-street parking is permitted on both sides of the street, but may be limited to designated parking areas defined by bump-outs that support mid-block pedestrian crossings.
[b] 
Sufficient on-site parking is provided for. Two vehicles per unit is recommended.
[c] 
There is more than one connection to the street (for redundant emergency access routes).
[d] 
Auxiliary/visitor parking may be provided in off-street parking bays located within 300 feet of nearby driveways.
[e] 
Overnight parking in the parking bays may be allowed.
J. 
Access and circulation: Street sections.
(1) 
Local residential street cross section.
(2) 
Local street cross section: generalized.
Private Zone
Residential Unit
This zone is characterized by residential land uses in styles associated with a village, with direct access via driveways, alleys or service roads.
▪ On-site parking should be sufficient to allow most cars to be parked off-street.
▪ Front porches are considered to be part of the built structure and shall be a maximum of 10 feet deep.
Front Yard
▪ This area is the traditional front yard, appropriately landscaped, but still allowing for neighborhood socialization.
▪ Street trees, optimally, should be placed in this area; and
▪ The tree canopy in the neighborhoods helps provide traffic calming and building shade.
Right-of-Way
Sidewalk/Pedestrian Zone
Crucial for safe, walkable neighborhoods, this zone includes sidewalks of adequate width for two adults to comfortably pass one another.
Planting Strip/Green Zone
▪ Very important for pedestrian comfort and neighborhood livability. This zone may include grass and landscaping.
▪ This area should also be a part of on-site stormwater management system.
▪ Lighting, if appropriate, of the curb and sidewalk may also be appropriately placed in this area.
Vehicular and Parking Zone
This zone sets the tone for the street's multiple objectives of allowing mobility and access for both motorized vehicles and bicycles, while maintaining low volumes and speeds, and thereby contributing to overall neighborhood livability and quality of life.
▪ Local parking should primarily be on-site.
▪ Visitor parking is best accommodated in parking bays, located off-street, in proximity to the residential units.
(3) 
Local street cross section: narrow.
Right-of-Way
42 feet (minimum)
Front Yard
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip.
Setback (building facade to right-of-way)
15 feet (may be up to 25 feet)
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
▪ Parking in bays, or on-site only
▪ No on-street parking
▪ Up to 30 minutes on-street parking allowed
▪ No overnight parking on-street
Sidewalk (on both sides)
5 feet (minimum)
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is optional.
Other/Comment
Marked mid-block crossings are encouraged if block is more than 150 feet.
(4) 
Local street cross section: medium.
Right-of-Way
51 feet (minimum)
Front Yard
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip
Setback (building facade to right-of-way)
15 feet (may be up to 25 feet)
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
▪ Parking in bays, or on-site
▪ On-street parking: one side of the street
▪ Alternating sides of the street, with mid-block crossings encouraged
Sidewalk (on both sides)
5 feet (minimum)
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is not required.
Other/Comment
Marked mid-block crossings are encouraged if block is more than 150 feet
(5) 
Local street cross section: wide.
Right-of-Way
60 feet (minimum)
Front Yard
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip
Setback (building facade to right-of-way)
15 feet (may be up to 25 feet)
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
▪ Parking in bays, or on-site
▪ On-street parking allowed: both sides of the street
Sidewalk (on both sides)
5 feet (minimum)
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is not required.
Other/Comment
Marked mid-block crossings are encouraged if block is more than 150 feet
(6) 
Local street cross section: boulevard/entrance.
Right-of-Way
76 feet (minimum)
Planting Strip/Drainage Area
▪ 3 feet minimum (on each side of street)
▪ 5 feet minimum if street trees are in the planting strip.
Boulevard/Median
12 feet (maximum 20 feet)
Setback (building facade to right-of-way)
Not applicable
Driving Lane
20 feet (includes 1-foot curbs, each side)
Parking
No parking in entrance area
Sidewalk (on both sides)
▪ 5 feet (minimum)
▪ 4-foot bike lane encouraged along curb
Tree Spacing
(street trees shall be in accordance with landscape design standards)
▪ 50 feet (on center)
Stormwater Management
Bioswales may be in planting strips.
Lighting
▪ Bollard or decorative standards, maximum height of 12 feet
▪ Shall follow Dark Sky Standards
Utilities
Under planting strip and/or sidewalk preferred
Curbs
If concrete curbs are utilized, planting strip is not required.
Other/Comment
Development identity signage may be placed in the area.
(7) 
Local residential street cross section: alley.
Right-of-Way
16 feet (minimum)
Planting Strip/Drainage Area
Between rear driveway/apron
Setback (building facade to right-of-way)
20 feet (with rear facing garage, garage is built to setback line)
Driving Lane
16 feet (includes optional curbs)
Parking
In garage or on driveway/apron, otherwise no parking in this area
Sidewalk
Not applicable
Tree Spacing
(street trees shall be in accordance with landscape design standards)
Trees may be placed in planting strip between driveways.
Stormwater Management
Bioswales may be in planting strips.
Lighting
Not applicable [Private security lighting may be installed. (See Lighting Standards.)]
Utilities
Discouraged, but may be placed under alley
Other/Comment
▪ This area is meant for rear access to the properties for service and rear parking configurations.
▪ Parking/service courts are allowed.
▪ Through traffic is strongly discouraged.
▪ Alleys may be one-way if clearly marked.
▪ The Township may, but shall not be required to, accept dedication.
K. 
Parking standards.
Figure MR.5
Parking Requirements in Mixed Residential Overlay District (MR)
Residence Type
Number of Parking Spaces per Dwelling Unit
Visitor Spaces per Dwelling Unit
(on-site or off-site within 300 feet of structure)
Single-family detached dwelling
2.0
1.5
Single-family detached - patio home
2.0
1.0
Single-family attached - duplex
2.0
1.0
Single-family attached - townhomes
2.0
1.0
Multifamily
1.75
1.0
(1) 
Permitted off-street parking locations.
(a) 
Single-family dwellings.
[1] 
Parking facilities shall consist of a driveway, parking strip, parking space and/or private garage located on the same lot or parcel as the dwelling they are intended to serve.
[2] 
No parking shall be permitted elsewhere on the lot or abutting public right-of-way, except upon a paved street, or in parking bays where such parking is otherwise permitted.
[3] 
Not more than 50% of the required front yard area of a single-family lot shall be occupied by driveway.
(b) 
Single-family attached, duplex, and multifamily.
[1] 
The off-street parking facilities for single-family attached or multifamily shall be located on the same lot or parcel as the uses they are intended to serve, or in parking bays located in close proximity (300 feet maximum) to the residential property.
[2] 
Parking in multi-unit structures may be contained within a parking court, central to the structure, or a parking deck below the residential structure.
(2) 
Public access to open space and all other uses. Off-street parking facilities for access to public open space and for all other uses shall be located on the same lot, parcel or site as the use they are intended to serve.
(3) 
Special parking. In any residential district, no person, corporation or association shall cause, allow, permit or suffer any oversized vehicle registered in its name or operated by it, or its agent, to be parked in any manner or place upon a public street or in the street right-of-way except if such vehicle is actively assisting in an emergency, such as a fire or traffic accident, or the vehicle is in the active process of being loaded or unloaded.
(a) 
No commercial vehicles or construction equipment or mechanical equipment over 17,000 pounds gross vehicular weight (GVW), or a vehicle larger than 10 feet by 16 feet shall be permitted to park on-street overnight.
(b) 
One commercial vehicle, or construction equipment or mechanical equipment over 17,000 pounds gross vehicular weight (GVW), or a vehicle larger than 10 feet by 16 feet may be permitted to park off-street overnight.
(c) 
To the maximum extent feasible, all parking shall integrate green stormwater management resources on site.
L. 
Design standards: structures.
(1) 
The key provisions of the Mixed Residential Overlay District (MR) include:
(a) 
Establishing a strong neighborhood identity through the integration of neighborhood design standards help make the Mixed Residential Overlay District (MR) unique from most residential zoning districts found in the Township.
(b) 
Providing design flexibility, especially in developments where custom homes are being built, private restrictive covenants may be developed to supplement the design guidelines/standards.
(2) 
Architectural character and detailing.
(a) 
General character.
[1] 
Exterior cladding and finishes.
[a] 
Architectural details and exterior finish materials shall complement, be compatible with, and define the style and design aesthetic of the community.
[b] 
All elevations of the main body of the house shall be consistent in style and character.
[c] 
Exterior finish materials may include brick, painted brick, stone, lap siding, shake siding or their high-quality equivalents (i.e., vinyl siding).
[2] 
Roofing.
[a] 
Roofing materials may include:
[i] 
Asphalt shingles;
[ii] 
Standing seam metals;
[iii] 
Slate or synthetic slate;
[iv] 
Terra cotta/ceramic; or
[v] 
Wood shakes, appropriate to the style.
[b] 
Roofing materials shall be consistent within the development.
[c] 
All structures on the same lot must utilize the same roofing material.
[3] 
All exposed, above-grade foundations shall be covered with brick or stone veneer.
[4] 
Block (split-faced, colored concrete, stamped, etc.) shall not be used for exposed, exterior surfaces.
M. 
Design standards: landscape/streetscape.
(1) 
In the Mixed Residential Overlay District (MR) Overlay District, streetscape is intended to be formed by buildings located relatively close to the sidewalk, creating opportunities for neighborhood sociability.
(2) 
General provisions, signage and mailboxes. The streetscape of the Mixed Residential Overlay District is intended to be enhanced with street trees, landscaping, pedestrian-scale streetlights, fences, sidewalks, porches, and other front yard amenities.
(a) 
No privacy fences shall be placed in the front yard.
(b) 
Signage and mailboxes.
[1] 
All dwelling units and building units shall have street numbers located so as to be visible from and oriented toward the street from which the address is taken.
[2] 
Street address numbers shall be greater than four inches in height, and of a contrasting color to the background.
[3] 
Additional signage showing homeowner name or house number may be used.
[4] 
Street address signs may be illuminated.
[5] 
Mailboxes shall follow recommendations of the United States Postal Service (USPS).
N. 
Lighting standards. Pedestrian-scaled streetlights are intended to provide a safe and attractive complement to the streetscape. Streetlight installation is optional. If streetlights are installed, they shall meet the following standards:
(1) 
Human-scaled, decorative lighting standard.
(2) 
Bollard-type lighting.
(3) 
Cobra head lighting fixtures shall not be used.
(4) 
Streetlight posts may be equipped to support an attached vertical banner.
(5) 
If streetlights are to be installed, they shall be pedestrian-scaled, in size and character.
(6) 
Utilize LED lighting.
(7) 
Utilize appropriate hooding, focusing or other such technique to minimize the spread of light away from targeted area.
(8) 
Not utilize uplighting, except in very limited applications and with approval of the Peters Township Planning Department.
(9) 
Streetlights shall be maintained along both sides of all streets.
(10) 
Streetlights shall be located in the planting strip.
(11) 
Streetlights shall be of consistent style within the development.
(12) 
Streetlights in the Mixed Residential Overlay District (MR) shall not be taller than 12 feet in total height.
(13) 
Off-street parking lot lights in the MR Mixed Residential Overlay District shall not exceed 20 feet in total height.
O. 
Mixed Residential Overlay District (MR) development/subdivision process. The subdivision process for a Mixed Residential Overlay District (MR) at a minimum shall include the following:
(1) 
Preapplication meeting. A preapplication meeting with the Peters Township Planning Department to discuss:
(a) 
The application process.
(b) 
The conservation theme.
(c) 
The design standards.
(d) 
Any proposed common ownership plans for land and structures.
(e) 
Management and ownership of designated open space.
(2) 
Submission of concept plan to the Peters Township Planning Department. Submission of a concept plan that contains:
(a) 
Base mapping at a scale of one inch equals 100 feet including a graphic scale.
(b) 
A mapped resource inventory that includes:
[1] 
Topographic contours at two-foot intervals.
[2] 
Identification of soil type locations and characteristics, such as agricultural capability, depth to bedrock and suitability for wastewater disposal systems.
[3] 
Hydrological characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainageways.
[4] 
Current land use, including all buildings and structures.
(c) 
A site analysis that precisely identifies:
[1] 
Primary conservation/open space areas.
[2] 
Secondary conservation/open space areas.
[3] 
Special views and vistas.
[4] 
Street connectivity, using the street connectivity index or similar empirical methodology.
[5] 
Connections to the Peters Township and regional open space systems.
[6] 
Street and open space concept.
[7] 
Street sections.
[8] 
Building setbacks.
[9] 
Parcel lines and building placement concepts for residential and accessory buildings and major structures (i.e., pools, playground equipment, sports facilities).
[10] 
Any features of unique heritage, cultural and/or historic significance.
[11] 
Natural resource and tree protection plan.
[12] 
Landscape plan.
[13] 
Utility easements.
[14] 
If applicable, statement of intent to establish a homeowner's association.
(3) 
A meeting with the Planning Director to review the concept plan.
(4) 
Submission of a preliminary (master) plan and review by the Planning Commission and the Peters Township Council.
(5) 
Submission of a final plan and review by the Planning Commission and Peters Township Council.
A. 
Intent. The intent of this overlay is to regulate the development and the use of a lot in the Township that is situated in the flight path of present and projected aircraft operations at the Finleyville Airport. The overlay boundary is shown on the Official Zoning Map.
B. 
Regulations associated with the AO Airport Hazard Overlay.
(1) 
All land uses and construction activity that occur within the boundary of the overlay district shall comply with applicable Federal Aviation Administration (FAA), PennDOT Bureau of Aviation and Washington County regulations.
(2) 
Any use within the boundaries of this overlay district which creates the following conditions must comply with applicable FAA and PennDOT regulations. Notice of proposed construction or alteration must be submitted to Washington County, the FAA and the PennDOT Bureau of Aviation. Construction or alteration is subject to review and possible modification of design in accordance with applicable FAA and PennDOT regulations. The conditions are as follows:
(a) 
Electrical interference with navigational signals or radio communication between the airport and aircraft.
(b) 
Difficultly for pilots to distinguish between airport lights and other lights.
(c) 
Glare in the eyes of pilots using the airport.
(d) 
Impairment of visibility in the vicinity of the airport.
(e) 
Bird strike hazards.
(f) 
Otherwise, in any way, endangers or interferes with the landing, take-off or maneuvering of aircraft intending to use the airport.
(3) 
Any of the following types of construction or alteration within the boundaries of this overlay district must comply with applicable FAA and PennDOT regulations. Notice of proposed construction or alteration must be submitted to Washington County, the FAA and the PennDOT Bureau of Aviation. Such construction or alteration is subject to review and possible modification of design in accordance with applicable FAA and PennDOT regulations.
(a) 
Any construction or alteration of greater height than the imaginary surface extending outward and upward from the FAA and PennDOT runway approach regulations.
(b) 
Any highway, railroad, or other traverse way for mobile objects of a height which, if adjusted upward 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways, where over-crossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater for a private road, 23 feet for a railroad and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed this standard.
(4) 
The Airport Hazard Overlay outlines the imaginary sloping surface as defined by the FAA and PennDOT. All landowners and/or developers located within the Airport Hazard Overlay shall be responsible for verifying the height and location of the imaginary sloping surface.
(5) 
The following structures or uses are exempted from the provisions of this overlay district:
(a) 
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and would be located in the congested area of city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(b) 
Any communication tower or a commercial wireless antenna or any other telecommunication antenna or device of 20 feet or less in height except one that would increase the height of another antenna structure.
(c) 
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of any type approved by the FAA or the PennDOT Bureau of Aviation.
(d) 
Any construction or alteration for which notice is required for any other FAA regulation.