Township of Silver Spring, PA Zone Regulations

Public and nonprofit parks and playgrounds;

Public and/or nonprofit activities related to the preservation and conservation of natural and/or historical resources;

Agricultural (excluding commercial livestock operations), subject to the requirements listed in § 415-15 of this chapter;

Public utilities structures, excluding communication antennas, towers and equipment;

Single-family detached dwellings and seasonal residences;

Flag lot residences, subject to the standards of § 360-28D(7) of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring;

Forestry activities (see § 415-74);

Stables and kennels (see § 415-67);

ECHO housing (see § 415-61);

Two-family conversions (see § 415-69);

Noncommercial keeping of livestock (see § 415-66);

Accessory apartments (see § 415-51);

Noncommercial keeping of chickens (see § 415-66B); and

[Added 5-10-2017 by Ord. No. 3-2017; amended 4-24-2019 by Ord. No. 4-2019]

Accessory uses customarily incidental to the above permitted uses.

Special exception uses. (Subject to the requirements listed in § 415-138C of this chapter.)

Private clubhouses (see § 415-105);

Campgrounds (see § 415-81);

Home occupations (see § 415-96);

Family day-care facilities (see § 415-90);

Communication antennas, towers and equipment (see § 415-86);

Commercial livestock operations (see § 415-84);

Bed-and-breakfast (see § 415-79); and

Amateur radio antennas (see § 415-120).

Conditional uses. (Subject to the requirements listed in § 415-147 of this chapter.)

Shooting ranges (see § 415-108).

Design requirements.

Unless specified elsewhere, the following table presents applicable standards imposed by this zone:

				Minimum Yard Setbacks
Use	Minimum Lot Area¹	Minimum Lot Width (feet)	Maximum Lot Coverage	Front (feet)	One Side (feet)	Both Side (feet)	Rear (feet)
Agriculture, horticulture or forestry-related uses	See § 415-15 of this chapter.
Public and/or nonprofit parks and playgrounds and public and/or nonprofit activities related to the preservation and conservation of natural and/or historical resources	5,400 square feet	60	40%	40 from any collector or local road; 50 from any arterial road	30	60	50
Single-family dwellings and seasonal residences	1 acre²	150	10%	50	30	60	50
Single-family dwellings and seasonal residences, if more than 50% of the site possesses slopes in excess of 15%	2 acres²	150	7%	50	30	60	50
Accessory uses	N/A	N/A	N/A	300	15	30	15

NOTES:
1	All uses relying upon on-lot sewers are subject to the requirements listed in § 415-42 of this chapter.
2	For each tract of contiguous land in single and separate ownership (parent tract) as of the effective date of this chapter, there may be one lot subdivided or one principal residence constructed for a single-family detached nonfarm dwelling, according to the following schedule:

Lot Area (acres)
At Least	Less Than	Total Number of Permitted Lots/Dwellings*
2	10	2
10	20	3
20	30	4
30	40	5
40	50	6
50	60	7
60	70	8
70	80	9
80	90	10
90	100	11
100	110	12
110	120	13
120	130	14
130	140	15
140	150	16
150	160	17
160	170	18
170	180	19
180	190	20
190	200	21

NOTES:
*	For parcels containing one or more principal dwelling on the effective date of this chapter, each such dwelling shall be counted as one against those permitted in the above schedule.
	•	The above-described schedule shall not apply to ECHO housing, nor two-family conversions, unless new lots are created for such units.
	•	Lot add-ons involving agricultural land, in which no new lots are created, shall not be counted against the number of lots permitted to be created in the above schedule of Subsection E of this section;
	•	Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing on the effective date of this chapter shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Conservation Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section; and
	•	In the event a tract of land which was not classified as part of the Conservation Zone on the effective date of this chapter is hereafter classified as part of the Conservation Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification.

If any portion of a new principal building will be located on any slopes of greater than 25%, then a ten-acre minimum lot area and a five-hundred-foot minimum lot width shall be required.

An applicant shall prove compliance with this provision at the time of final subdivision or land development submission. Any subdivision plan for a new lot shall show the outer boundaries of the proposed principal building site. Any applicant may legally commit on the subdivision plan to not construct any principal building on portions of the lot with greater than 25% slope in order to avoid the larger lot requirements of this section.

This Subsection E(2) shall not apply to:

A lot that lawfully existed prior to the adoption of this subsection;

Slopes that the applicant proves were clearly man-made prior to the enactment of this subsection; or

If the building intrudes into a total land area of less than 300 square feet or greater than 25% slopes.

This Subsection E(2) shall apply based upon the slopes that were in existence at the time of enactment of this section prior to any subsequent regrading.

Maximum permitted height.

Principal buildings and structures: 35 feet; and

Accessory buildings and structures: 15 feet.

Woodland preservation requirements. Only those areas necessary for the construction of buildings or structures for which a building permit has been issued shall be cleared of existing woodland.

"Woodland" shall be defined as an area that is predominately covered by the canopies of trees and which includes at least one tree of at least six inches in diameter for every 2,000 square feet of lot area.

See § 360-14C(6) of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring, as amended, including provisions for tree protection provisions during construction and identification of areas of woodland to be removed.

See also the forestry regulations of this chapter, which apply when trees are removed for commercial forestry that is unrelated to any construction or land development.

When a building or zoning permit is issued for a building, structure or principal use, removal of trees shall be allowed that are located in the following areas:

On land to be occupied by such building, structure or use;

Within 30 feet of a building or principal use;

On land to be occupied by or within 15 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system or permitted accessory uses; or

In any location where the removal of a tree is required under a Township code requirement.

If a stormwater management plan for a subdivision or land development assumes that a certain percentage of the tract will remain wooded, then the Board of Supervisors may require conservation easements to be put into effect by the subdivider to permanently limit tree removal on each lot so that such overall percentage of woods will remain in place. The enforcement mechanism for such easement shall be approved by the Board of Supervisors. The Board of Supervisors may require that the easement be enforceable by the Township and/or by any adjoining property owner.

All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.

§ 415-15 Agricultural Zone (A).

Purpose. The primary purpose of this zone is to promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. Areas contained within the zone have been specifically identified as possessing valuable and nonrenewable natural and cultural resources. This zone also intends to protect the Township's agricultural economy by eliminating uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices and related businesses. Finally, the provisions of this zone have been specifically formulated to further the objectives of the Municipalities Planning Code, which provides that local zoning ordinances shall be designed "to preserve prime agriculture and farm land considering topography, soil type and classification, and present use."

Permitted uses.

Agriculture, including one single-family detached dwelling contained on the site.

Commercial livestock operations, subject to the following:

All buildings used for the housing of livestock shall consist of a solid concrete slab or slotted floor;

Minimum lot area: 20 acres;

The following additional setbacks shall apply for commercial livestock operations:

If a commercial livestock operation involves an average of less than five animal equivalent units per acre on contiguous land, then the following minimum setbacks shall apply for buildings housing such livestock:

Two hundred feet from a lot in a residential district;

One hundred fifty feet from an existing dwelling that is not within a residential district; and

Forty feet from all other exterior lot lines.

If a commercial livestock operation involves an average of five or more animal equivalent units per acre on contiguous land, then the following minimum setbacks shall apply for buildings housing such livestock:

Five hundred feet from a lot in a residential district;

Two hundred feet from an existing dwelling that is not within a residential district and that existed prior to the adoption of this section; and

Sixty feet from all other exterior lot lines.

As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of livestock facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would be mitigated by appropriate measures that the applicant agrees to install as a condition of the special exception approval.

The setbacks from property lines provided in this Subsection B(2)(c) for this use shall not apply from:

Dwellings or lots owned by the operator or owner of the livestock use;

Dwellings or lots owned by a property owner providing a written notarized letter waiving such setback; and/or

Dwellings that did not exist at the time of adoption of this section.

The applicant shall furnish qualified evidence that the proposed use has an approved manure management plan that complies with Act 38, Agriculture, Communities, and Rural Environment (ACRE) Act[1] policy initiative, as amended, and/or Title 25 Pa. Code Chapter 91, the manure management regulations; Department of Environmental Protection Manure Management Manual. All subsequent operations on the site shall be required to strictly adhere to this approved manure management plan; and

[Amended 5-23-2018 by Ord. No. 3-2018]

Editor's Note: See the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq. (2005, July 6, P.L. 112, No. 38, § 3).

The applicant shall develop a written agricultural and erosion sedimentation control plan that shall be kept on the farm and made available upon request.

[Amended 5-23-2018 by Ord. No. 3-2018]

Single-family detached dwellings.

Public and nonprofit parks and playgrounds.

Public utilities structures, excluding communication antennas, towers and equipment.

Flag lot residences, subject to the standards of § 360-28D(7) of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.

Forestry activities (see § 415-74).

ECHO housing (see § 415-61).

Stables and kennels (see § 415-67).

Two-family conversions (see § 415-69).

Accessory apartments (see § 415-51).

Temporary farm employee housing (see § 415-68).

Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

Roadside stands, as an accessory use to the farm, for the sale of agricultural products, subject to the following:

Any structure used to display such goods shall not exceed 2,000 square feet in size and shall be located at least 25 feet from any property line;

At least half of the products displayed for sale must have been produced on the premises;

Off-street parking shall be provided for all employees and customers; and

Only one sign, not to exceed six square feet in total sign area, shall be displayed in season when products are on sale. A freestanding sign shall not exceed a height of five feet or an attached sign shall not extend above the height of the building or structure to which it is attached.

Family day-care facilities as defined herein (see § 415-90).

Manure storage facilities, as an accessory use to a farm, subject to the following regulations:

All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and any revisions, supplements and replacements thereof, published by the Pennsylvania Department of Environmental Protection, copies of which are available from Water Quality Management in the Department of Environmental Protection regional offices located at 1 Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4585;

All waste storage facilities' designs shall be reviewed by the Cumberland County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility; and

Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Cumberland County Conservation District.

Beekeeping shall be permitted as an accessory use on any farm within the Township, subject to the following:

[Amended 5-23-2018 by Ord. No. 3-2018]

The applicant shall obtain a zoning permit from the Zoning Officer;

There shall be a source of water within 1/4 mile of the apiary;

New apiaries of 10 hives or more shall not be established within 50 yards of any adjoining property containing a residence;

Colonies shall be maintained in moveable frame hives, with hives being no closer than 25 feet to any property line, no closer than 50 feet from a public road right-of-way, and at least 50 feet from any dwelling located on an adjoining property; and

Any beekeeper shall provide documentation they are in compliance with Pennsylvania's Bee Law, 3 Pa.C.S.A. §§ 2101 to 2117, which requires the owner of an apiary located in Pennsylvania to register the apiary with the Pennsylvania Department of Agriculture.

Noncommercial keeping of livestock (see § 415-66).

Noncommercial keeping of chickens (see § 415-66B).

[Added 5-10-2017 by Ord. No. 3-2017; amended 4-24-2019 by Ord. No. 4-2019]

Special exception uses. (Subject to the review procedures listed in § 415-138C of this chapter.)

Farm occupations (see § 415-91);

Home occupations (see § 415-96);

Bed-and-breakfasts (see § 415-79);[2]

Editor's Note: Original Subsection 4, regarding public and private schools, which immediately followed this subsection, was repealed 5-23-2018 by Ord. No. 3-2018.

Communication towers, antennas and equipment (see§ 415-86); and

Amateur radio antennas (see § 415-120).

Conditional uses. (Subject to the review procedures listed in § 415-147 of this chapter.)

Airports/heliports (see § 415-78); and

Churches (see § 415-82).

Maximum number of permitted dwellings or lots.

For each tract of contiguous land in single and separate ownership (parent tract) as of the effective date of this chapter, there may be one lot subdivided or one principal residence constructed for either a single-family detached nonfarm or farm dwelling, according to the following schedule:

Lot Area (acres)
At Least	Less Than	Total Number of Permitted Lots/Dwellings*
2	20	2
20	40	3
40	60	4
60	80	5
80	100	6
100	120	7
120	140	8
140	160	9
160	180	10
180	200	11
200	220	12
220	240	13
240	260	14
260	280	15
280	300	16
300	320	17
320	340	18
340	360	19
360	380	20

NOTE:
*	For parcels containing one or more principal dwelling on the effective date of this chapter, each such dwelling shall be counted as one against those permitted in the above schedule.

The above-described schedule shall not apply to ECHO housing, two-family conversions, nor temporary farm employee housing, unless new lots are created for such units.

Lot add-ons involving agricultural land in which no new lots are created shall not be counted against the number of lots permitted to be created in the schedule of Subsection E(1) of this section;

Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing on the effective date of this chapter shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Agricultural Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section; and

In the event a tract of land which was not classified as part of the Agricultural Zone on the effective date of this chapter is hereafter classified as part of the Agricultural Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification.

Design standards.

Agricultural uses.

Minimum lot size: 10 acres.

Minimum lot width: 100 feet at building setback line and 60 feet at the street frontage.

Maximum lot coverage: 10%.

Maximum permitted height: 85 feet for uninhabitable accessory farm structures and 35 feet for other structures; further provided that every structure is set back from each property line a distance at least equal to its height.

Minimum setback requirements.

Front yard: 50 feet.

Side yards: 50 feet on each side.

Rear yard: 50 feet.

Special setback requirements. Except as provided for in the following paragraph, no area for the storage or processing of manure, garbage or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock, or any building housing commercial livestock, shall be permitted within 300 feet of any land within any residential zone. The Zoning Hearing Board may, as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback to less than 200 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six feet from any adjoining street right-of-way lines.

Single-family detached dwellings.

The lot area shall be a minimum of one acre per dwelling.

A maximum lot area of two acres per dwelling shall also apply, except that such requirement shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot:

Does not predominately consist of Class I, II and/or III soils, as identified in the soil survey; or

Is generally unsuitable for agricultural purposes.

Where an applicant desires to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this section upon such existing dwelling, rather than on a proposed dwelling located on the remainder of the parent tract.

The minimum lot area requirements imposed by this section assume compliance with all PADEP regulations pertaining to sewage disposal. For those lots using on-site sewage disposal systems, § 415-42 of this chapter shall apply.

All single-family detached dwellings shall comply with the following design standards:

		Minimum Yard Setbacks
Minimum Lot Width (feet)	Maximum Lot Coverage	Front (feet)	One Side (feet)	Both Sides (feet)	Rear (feet)	Maximum Permitted Height (feet)
100	20%	50	15	30	35	35

In addition to the setbacks listed above, every single-family detached dwelling unit (not farm dwellings) proposed within the Agricultural Zone shall be set back according to the following chart. Required setback distances shall be measured as a straight line between the closest property line of the proposed dwelling and the specified use.

Specified Use	Required Minimum Setback (feet)
Facilities or area for the storage or processing of manure, garbage or spent mushroom compost; structures for the cultivation of mushrooms or the raising or housing of livestock	200
Beehives	100
Farm-related businesses	200

For any proposed new lot that will be occupied by a new principal dwelling, the applicant shall prove to the Zoning Officer, after review by the Planning Commission, that the new lot is being designed and located in a manner that minimizes the impact upon agricultural activities on the tract and on adjacent tracts.

To the maximum extent feasible considering septic system regulations, a new residential lot shall be located to minimize the amount of prime agricultural land that will be removed from production, to maximize prime agricultural land on a principal agricultural lot, and to allow efficient farming activities on the remaining land.

To the maximum extent feasible, a new residential lot shall be located to maximize the distance of the new dwelling from any livestock or poultry operations and to place the home upwind from such facilities considering prevailing winds.

Other permitted, special exception or conditional uses.

Minimum lot size: one acre, provided that public and/or nonprofit parks shall have no minimum lot area, nor lot width requirements.

Minimum lot width: 200 feet.

Maximum lot coverage: 20%.

Maximum permitted height: 35 feet.

Minimum required setbacks:

Front yard setback: 50 feet from the street right-of-way line;

Side yard setbacks: 50 feet on each side (100 feet total);

Rear yard setback: 50 feet; and

Maximum permitted height: 35 feet.

Residential accessory uses. Unless otherwise specified, the following requirements shall apply to accessory uses:

Front yard setback: 300 feet (except roadside stands and permitted signs) or behind the primary structure;

[Amended 5-23-2018 by Ord. No. 3-2018]

Side yard setbacks: 15 feet on each side (30 feet total);

Rear yard setback: 15 feet; and

Maximum permitted height: 25 feet.

Public utilities structure. Subject to § 415-50 standards.

All uses permitted within this zone shall also comply with the general provisions contained within Article III of this chapter.

Agricultural nuisance disclaimer. All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconvenience, discomfort and possibility of injury from normal agricultural operations and are hereby put on official notice that Section 4 of Pennsylvania Act 133 of 1982, the Right to Farm Law,[3] may bar them from obtaining a legal judgment against such normal agricultural operations.

Editor's Note: See 3 P.S. § 954.

Required conservation plan. Any agricultural, horticultural or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation, shall require the obtainment of an approved conservation plan by the Cumberland County Conservation District pursuant to Chapter 102, Erosion Control, of Pa. Code Title 25, Rules and Regulations, Department of Environmental Protection. All on-site activities shall then be in compliance with the approved conservation plan.

§ 415-16 Rural Residential Zone (R).

Purpose. The primary purpose of this zone is to promote a continuation of the rural character of the area, characterized by a mixture of sparsely developed residential uses with undeveloped land for the purpose of protecting primary and secondary conservation areas in contiguous, unfragmented, commonly managed landscapes. In addition, other small-scale nonresidential uses have developed. This zone will continue these development trends but will install additional protection for rural residences from the impacts of other nonresidential uses. These areas are not likely to be served by public sewer or water facilities within the foreseeable future; therefore, low-density conservation subdivisions with greenway land or larger lot sizes are indicated. Because of the character of these areas, some steep slopes are included. For this reason, specific lot design requirements have been imposed on steeply sloped development sites.

[Amended 9-24-2014 by Ord. No. 8-2014]

Permitted uses.

Agriculture, subject to the standards listed in § 415-15 of this chapter, but excluding commercial livestock operations, as defined herein.

Single-family detached dwellings.

[Amended 9-24-2014 by Ord. No. 8-2014]

On tracts of 10 acres, adjusted tract area, or larger, conservation subdivision with single-family detached dwellings, in compliance with § 415-30, Conservation Subdivision Design Overlay Zone.

On tracts of 10 acres, adjusted tract area, or larger, proposals for minor subdivisions of three conventional lots or less shall be exempt from the requirements of Subsection A above. Conservation subdivision, with single-family detached dwellings and meeting the standards in § 415-30, is permitted but not required. In addition:

Lots created under this subsection shall meet the requirements of Subsections E through H herein.

Where development of less than the entire tract is intended, or where the tract is intended to be developed at less than maximum density, the Board may require the applicant to file a sketch plan for the entire tract as set forth in § 360-14E(1) of Chapter 360, Subdivision and Land Development, of the Code.

Where development of less than the entire tract is intended, or where the tract is intended to be developed at less than maximum density, the development shall be configured so that only one resulting lot shall be capable of further subdivision, with the other lot(s) being restricted against further subdivision by deed restriction or conservation easement in accordance with § 415-30H of this chapter.

Where development of less than the entire tract is intended, or where the tract is intended to be developed at less than maximum density, any further subdivision shall comply with the standards for conservation subdivision development in § 415-30.

On tracts of less than 10 acres, adjusted tract area, conventional lotting with single-family detached dwellings, developed in accordance with Subsection E through H herein, is permitted but not required.

Public and/or nonprofit parks.

Public uses and public utilities structures, excluding communications antennas, towers and equipment;

Flag lot residences, subject to the standards of § 360-28D(7) of Chapter 360, Subdivision and Land Development.

Forestry activities (see § 415-74).

ECHO housing (see § 415-61).

Stables (see § 415-67).

Two-family conversions (see § 415-69).

Accessory apartments (see § 415-51).

No-impact home-based business.

Accessory uses customarily incidental to the above permitted uses.[1]

Editor's Note: Original subsection 13, regarding compliance with rural cluster, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

Noncommercial keeping of livestock (see § 415-66).

Noncommercial keeping of chickens (see § 415-66B).

[Added 5-10-2017 by Ord. No. 3-2017; amended 4-24-2019 by Ord. No. 4-2019]

Special exception uses. (Subject to the procedures presented in § 415-138C of this chapter.)

Bed-and-breakfasts (see § 415-79);

Private clubhouses (see § 415-105);

Home occupations (see § 415-96);

Family day-care facilities (see § 415-90);

Campgrounds (see § 415-81);

Public and private schools (see § 415-106);

Communications antennas, towers and equipment (see § 415-86);

Farm occupations (see § 415-91); and

Amateur radio antennas (see § 415-120).

Conditional uses. (Subject to the review procedures listed in § 415-147 of this chapter.)

Golf courses (see § 415-92);

Churches and cemeteries (see § 415-82).[2]

Editor's Note: Original Subsection 3, regarding single-family detached dwellings, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

Maximum number of permitted dwellings or lots.

For each tract of contiguous land in single and separate ownership (parent tract) as of the effective date of this chapter, there may be one lot subdivided or one principal residence constructed for a single-family detached nonfarm dwelling, according to the following schedule:

[Amended 9-24-2014 by Ord. No. 8-2014]

Lot Area (acres)
At Least	Less Than	Total Number of Permitted Lots/Dwellings*
2	5	2
5	10	3

NOTE:
*	For parcels containing one or more principal dwelling on the effective date of this chapter, each such dwelling shall be counted as one against those permitted in the above schedule.

The above-described schedule shall not apply to ECHO housing or two-family conversions.

Lot add-ons in which no new lots are created shall not be counted against the number of lots permitted to be created in the schedule in Subsection E(1) of this section.

Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing on the effective date of this chapter shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Rural Residential Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section.

In the event a tract of land which was not classified as part of the Rural Residential Zone on the effective date of this chapter is hereafter classified as part of the Rural Residential Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification.

Design requirements. (See § 415-50, Public utilities structures.) Unless specified elsewhere, the following table prescribes lot area, width and coverage, as well as minimum yard requirements for uses within this zone:

				Minimum Yard Setbacks
Use¹	Minimum Lot Area	Minimum Lot Width (feet)	Maximum Lot Coverage² (percent)	Front (feet)	One Side (feet)	Both Sides (feet)	Rear (feet)
All permitted uses	1 acre	150	10%	50	30	60	50
All permitted uses if more than 50% of the site possesses slopes in excess of 15%	2 acres	150	7%	50	30	60	50
Accessory uses	N/A	N/A	N/A	300	15	30	15

NOTES:
¹	All uses relying upon on-lot sewers are subject to the requirements list in § 415-42 of this chapter.
²	For existing lots under one acre in area, the maximum lot coverage shall be 25%.

Maximum permitted height.

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 15 feet, except that the height may be increased by one foot for every foot that the building or structure is set back in excess of the applicable setback requirements of this section, up to a maximum total height of 25 feet.

All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.

§ 415-17 Residential Estate Zone (RE).

Purpose. This zone intends to reserve settings for low-density conservation subdivision and large-lot estate housing. Selected locations adjoin existing neighborhoods of similar housing styles, as well as vacant areas with attractive rolling topography to maximize visual appeal. This zone generally lies beyond planned public utility service areas, which further suggests the need for low-density conservation subdivisions with greenway land or larger lots to support on-lot wells and sewage disposal systems. Permitted uses have been strictly limited to principal residences and related accessory uses. Finally, conservation subdivisions that generate greenway land and vegetative protection measures have been utilized to protect the character of the landscape and related natural habitats.

[Amended 9-24-2014 by Ord. No. 8-2014]

Permitted uses.

Single-family detached dwellings.

[Amended 9-24-2014 by Ord. No. 8-2014]

On tracts of 10 acres, adjusted tract area, or larger, conservation subdivision with single-family detached dwellings, in compliance with § 415-30, Conservation Subdivision Design Overlay Zone.

Lots created under this subsection shall meet the requirements of Subsections E through K herein.

On tracts less than 10 acres, adjusted tract area, conventional lotting with single-family detached dwellings, developed in accordance with Subsections E through K herein, is permitted but not required.

Public and/or nonprofit parks and playgrounds.

Public utilities structures excluding communications antennas, towers and equipment.

Flag lot residences, subject to the standards of § 360-28D(7) of Chapter 360, Subdivision and Land Development.

Forestry activities (see § 415-74).

Accessory apartment (see § 415-51).

No-impact home-based business.

Accessory uses customarily incidental to the above permitted uses.[1]

Editor's Note: Original subsection 9, regarding conformance in cluster developments, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

Noncommercial keeping of chickens (see § 415-66B).

[Added 5-10-2017 by Ord. No. 3-2017; amended 4-24-2019 by Ord. No. 4-2019]

Special exception uses. (Subject to the procedures listed in § 415-138C of this chapter.)

Home occupations (see § 415-96).

Family day-care facilities (see § 415-90).

ECHO housing (see § 415-61).

Amateur radio antennas (see § 415-120).

Noncommercial keeping of livestock (see § 415-101).

Conditional uses. (Subject to the review procedures listed in § 415-147 of this chapter.)

Churches (see § 415-82).[2]

Editor's Note: Original subsection 2, regarding single family detached dwellings, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

Lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum of three acres. See § 415-50, Public utilities structures.

Minimum lot width: 250 feet at the minimum front yard setback line; 100 feet at the lot frontage. See § 415-50, Public utilities structures.

Minimum setback requirements.

Principal buildings.

Front yard setback: 75 feet from the street right-of-way line;

Side yard setbacks: 50 feet on each side (100 feet total); and

Rear yard setback: 50 feet.

Accessory buildings.

Front yard setback: 300 feet;

Side yard setbacks: 15 feet on each side; and

Rear yard setback: 15 feet.

Public utilities structures. See § 415-50, Public utilities structures.

Maximum permitted height.

Principal buildings and structures: 35 feet; and

Accessory buildings and structures: 15 feet, except that the height may be increased by one foot for every two feet that the building or structure is set back in excess of the applicable setback requirements of this section, up to a maximum total height of 25 feet.

Maximum lot coverage: unless otherwise specified, 20%. See § 415-50, Public utilities structures.

All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.

Woodland preservation requirements. Only those areas necessary for the construction of buildings or structures for which a zoning permit has been issued shall be cleared of existing woodland.

§ 415-18 R-1 Residential Zone (R-1).

Purpose.

[Amended 9-24-2014 by Ord. No. 8-2014]

This zone is meant to accommodate suburban detached residential growth within the Township in a manner that contributes to the creation of a community-wide greenway system for the benefit of present and future residents. This zone coincides with potential sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. All subdivisions and land developments shall be designed to accommodate public utilities as they become available. All individual units that are proposed without the use of public utilities will be required to be situated to one side of a wider lot so that future infill development potentials can be protected when public utilities become available.

In accordance with local planning goals that were developed within the Township's Comprehensive Plan, developments within this zone will be required to engage a proper site plan review process and to use conservation subdivision design. Such process will be used to help preserve any significant natural features or areas of severe development limitation. This conservation subdivision approach includes provision of greenway land to help retrofit needed neighborhood and linear parklands, as suggested within the Township's Comprehensive Recreation and Open Space Plan.

Permitted uses.

Agriculture, subject to the standards listed in § 415-15 of this chapter, but excluding commercial livestock operations, as defined herein.

Single-family detached dwellings.

[Amended 9-24-2014 by Ord. No. 8-2014]

On tracts of five acres, adjusted tract area, or larger, conservation subdivision with single-family detached dwellings, in compliance with § 415-30, Conservation Subdivision Overlay Zone (CSO).

On tracts of five acres, adjusted tract area, or larger, proposals for minor subdivisions of three conventional lots or less shall be exempt from the requirements of Subsection A above. Conservation subdivision, with single-family detached dwellings and meeting the standards in § 415-30, is permitted but not required. In addition:

Lots created under this subsection shall meet the requirements of Subsections E through J herein.

On tracts of less than five acres, adjusted tract area, conventional lotting with single-family detached dwellings, developed in accordance with Subsections E through J herein, is permitted but not required.

Public and nonprofit parks and playgrounds.

Public utilities structures, excluding communications antennas, towers and equipment.

Public vocational and mechanical trade schools.

Forestry activities (see § 415-74)

No-impact home-based business.

[Amended 9-24-2014 by Ord. No. 8-2014]

Accessory uses customarily incidental to the above permitted uses.[1]

Editor's Note: Original subsection 9, regarding compliance in cluster developments, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

Noncommercial keeping of chickens (see § 415-66B).

[Added 5-10-2017 by Ord. No. 3-2017; amended 4-24-2019 by Ord. No. 4-2019]

Special exception uses (see § 415-138C).

Home occupations (see § 415-96).

Family day-care facilities (see § 415-90).

Public and private schools (see § 415-106).

Amateur radio antennas (see § 415-120).

Conditional uses (see § 415-147).

Golf courses (see § 415-92).[2]

Editor's Note: Original subsection 2, regarding the Village Overlay Zone, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I, of the Code); the VO Zone was repealed by Ord. No. 9-2018.

Churches and related uses (see § 415-82).[3]

Editor's Note: Original subsection 4, regarding single-family detached dwellings, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

Commercial day-care facilities (see §§ 415-58 and 415-83).

[Added 4-28-2010 by Ord. No. 5-2010]

Permitted density for single-family detached dwellings on parcels not serviced by both public sewer and public water.

For each parcel of contiguous land in single ownership as of the effective date of this chapter which is not served by both public sewer and public water, there may be five lots sold or utilized for a permitted use single-family detached dwelling, provided that each of the newly created lots, as well as the parent tract, shall comply with the design standards listed in Subsection F of this section.

The provisions of this section shall apply to all parcels of land legally existing on the effective date of this chapter. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional permitted use single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent owner of any parcel of land legally existing on the effective date of this chapter shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional permitted use single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the R-1 Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of permitted use single-family detached dwellings, as determined by the provisions of this section.

In the event a tract of land, which was not classified as part of the R-1 Zone on the effective date of this chapter, is hereafter classified as part of the R-1 Zone, the size and ownership of such tract of land shall be determined as of the effective date of the change in the zoning classification.

Design requirements. (See § 415-50, Public utilities structures.) See table below

				Minimum Yard Setbacks⁶ (feet)
Utilized Public Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage	Front⁵	One Side	Both Sides	Rear	Maximum Permitted Height (feet)
None	43,560¹	280	20%	40⁵	Footnote 3	Footnote 3	50	35
Public water	32,000¹	250	25%	40⁵	Footnote 4	Footnote 4	50	35
Public sewer	20,000	125²	30%	40⁵	20	40	40	35
Both public sewer and public water	15,000	100²	35%	35⁵	8	20	35	35

NOTES:
¹	All relying upon on-lot sewer must comply with § 415-42 of this chapter.
²	Minimum lot width at the street right-of-way line may be reduced to no less than 70 feet when located on a cul-de-sac turnaround.
³	Minimum 140 feet on one side, plus a minimum of 25 feet on the other side.
⁴	Minimum 120 feet on one side, plus a minimum of 25 feet on the other side.
⁵	Required minimum front yard setbacks shall be 50 feet when abutting an arterial road.
⁶	Existing single-family lots, regardless of whether they are serviced by public or on-lot utilities, are governed by the design requirements for lots utilizing both public sewer and public water, except for the following minimum yard setback standards: front: 35 feet; one side: eight feet; both sides: 20 feet; and rear: 35 feet.

Age-restricted residential development.

This Subsection G provides a density bonus for a residential development that an applicant agrees to establish as being age-restricted in compliance with the federal requirements for "housing for older persons" as specified in the United States Code. (Note: As of 2007, such provisions were in 42 U.S.C. § 3607.)

[Amended 9-24-2014 by Ord. No. 8-2014]

In order to be approved by the Township as age-restricted residential development, every dwelling unit (except a unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations:

[Amended 9-24-2014 by Ord. No. 8-2014]

A minimum of one head of household of each dwelling unit shall be age 55 years or older or physically disabled as defined by social security disability regulations, except that an applicant may choose the option under federal law of using 62 years or older for such limit instead of 55 years or older.

No person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year.

In order to be approved as age-restricted development, the applicant shall establish an appropriate legal entity, such as a property owners' association, that has the duty, authority and responsibility to enforce such age restrictions over time. The Township shall also have the ability to treat any violation of such age restrictions as a violation of this chapter.

If a household met the occupancy requirements at the time of the initial occupancy, then such persons shall not be required to move if the household in the future no longer meets the occupancy because of death, disability, divorce or separation of one of the occupants.

This Subsection G shall only apply for a development of single-family detached dwellings that is served by both public sewer and public water services and that is approved as an Option 2: Age-Restricted Residential Development meeting the requirements in § 415-30, Conservation Subdivision Overlay Zone (CSO).

[Amended 9-24-2014 by Ord. No. 8-2014]

If a condominium form of ownership or similar arrangement under the State Planned Community Act[4] is used, the applicant shall prove to the Township that the buildings will be laid out in such a manner that each dimensional requirement would have been met if each dwelling had been placed on its own fee simple lot.

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

A minimum of 15% of the required greenway land shall be suitable for recreation for persons age 55 and older. Areas that would be needed to meet the minimum lot area for individual dwelling units shall not count towards this recreation land requirement.

[Amended 9-24-2014 by Ord. No. 8-2014]

An age-restricted residential development shall meet all other requirements of Township ordinances that are not specifically modified by this subsection.

Accessory uses.

Maximum permitted height: 15 feet.

Minimum setback requirements.

Front yard setback: 300 feet; and

Side and rear yard setbacks: five feet.

All uses permitted within this zone shall also comply with all applicable general provisions contained within Article III of this chapter.

If any portion of a new principal building will be located on any slopes of greater than 25%, then a two-acre minimum lot area and a two-hundred-foot minimum lot width shall be required.

This Subsection J shall not apply to:

A lot that lawfully existed prior to the adoption of this section;

Slopes that the applicant proves were clearly man-made prior to the enactment of this subsection; or

If the building intrudes into a total land area of less than 300 square feet of greater than 25% slope.

This Subsection J shall apply based upon the slopes that were in existence at the time of enactment of this section, prior to any subsequent regrading.

§ 415-19 High-Density Residential Zone (R-2).

Purpose. This zone seeks to accommodate the higher density needs of the Township. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. This zone is located near existing multifamily developments and/or major transportation routes. Certain civic and residential-related uses have also been allowed to enhance convenient access to this higher concentration of residents. This zone coincides with public utility service areas. As a result, permitted densities and housing types reflect the use of these public utilities. Finally, conservation subdivision developments are a permitted use, and village development with density bonuses are a conditional use, to encourage these preferred development patterns.

[Amended 9-24-2014 by Ord. No. 8-2014]

Permitted uses.

Agriculture, subject to the standards listed in § 415-15 of this chapter, but excluding commercial livestock operations, as defined herein.

Single-family detached dwellings.

[Amended 9-24-2014 by Ord. No. 8-2014]

On tracts of three acres, adjusted tract area, or larger, conservation subdivision, in compliance with § 415-30, Conservation Subdivision Overlay Zone (CSO).

On tracts of three acres, adjusted tract area, or larger, proposals for minor subdivisions of three conventional lots or less shall be exempt from the requirements of Subsection A above. Conservation subdivision, with single-family detached dwellings and meeting the standards in § 415-30, is permitted but not required. In addition:

Lots created under this subsection shall meet the requirements of Subsections E through I herein.

On tracts of less than three acres, adjusted tract area, conventional lotting with single-family detached dwellings, developed in accordance with Subsections E through I herein, is permitted but not required.

Duplexes, in accordance with the standards in Subsection B(2) above.

[Amended 9-24-2014 by Ord. No. 8-2014]

Townhouses, in accordance with the standards in Subsections B(2) above.

[Amended 9-24-2014 by Ord. No. 8-2014]

Multiple-family dwellings, in accordance with the standards in Subsection B(2) above.

[Amended 9-24-2014 by Ord. No. 8-2014]

Public and nonprofit parks and playgrounds.

Public uses, public schools and public utilities structures, excluding communications antennas, towers and equipment.

A detached single-family dwelling that existed on the effective date of this chapter and contained (at that time) at least 3,000 square feet may be converted into two dwelling units, subject to the following:

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized;

No extensions or modifications to the external appearance of the building (except fire escapes), which would alter its residential character, shall be permitted;

All floors above and below grade shall have a permanently affixed direct means of escape to ground level;

Four off-street parking spaces shall be provided; and

The applicant shall obtain any required land development approvals.

Forestry activities (see § 415-74).[1]

Editor's Note: Original subsection 10, regarding cluster developments, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014.

No-impact home-based business.

Accessory uses customarily incidental to the above permitted uses.

Special exception uses (see § 415-138C).

Boardinghouses (see § 415-80).

Family day-care facilities (see § 415-90).

Home occupations (see § 415-96).

Commercial day-care facilities (see § 415-83).

Private schools (see § 415-106).

Conditional uses (see § 415-147).

Mobile home parks (subject to the requirements of Chapter 248, Mobile Homes and Mobile Home Parks, of the Code of the Township of Silver Spring).

Medical residential campus (see § 415-99).

Nursing, rest or retirement homes (see § 415-102).

Churches and related uses (see § 415-82).[2]

Editor's Note: Original subsection 5, regarding single-family detached dwellings, which immediately followed this subsection, was repealed 9-24-2014 by Ord. No. 8-2014. Subsection 6, added 9-24-2014 by Ord. No. 8-2014, regarding the Village Overlay Zone, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I, of the Code); the Village Overlay Zone was repealed 11-14-2018 by Ord. No. 9-2018.

Design requirements. (See § 415-50, Public utilities structures.) See the following table.

						Minimum Yard Setbacks
Use	Required Public Utilities	Minimum Lot Area (square feet)	Maximum Net Density (du/ac)	Minimum Lot Width¹ (feet)	Maximum Lot Coverage (percent)	Front (feet)	One Side (feet)	Both Sides (feet)	Rear (feet)
SFD	Both public water and public sewer	10,000	4	80	35%	40³	15	30	35
Duplexes	Both public water and public sewer	6,000 per unit	5	50 per unit	35%	30³	25	N/A	30
Townhouses²	Both public water and public sewer	2,000 per unit	5	20 per unit	60%	30³	15 end units	N/A	30
Multiple-family³	Both public water and public sewer	87,120	5	200	60%	50	30	60	50
Other uses	Both public water and public sewer	43,560	N/A	200	30%	40³	30	60	50

NOTES:
¹	Minimum lot width shall be measured at the building setback line, and in no case shall the lot width, as measured along the street line, be less than 70% of that required at the building setback.
²	No townhouse grouping shall contain more than six units. For each townhouse grouping containing more than four units, no more than 60% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. All townhouse buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly-held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse groupings are contained upon the same lot, the standards listed in the following Note 3 shall apply.
³	In those instances where several multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances will be provided between each building:
	a.	Front to front, rear to rear, or front to rear, parallel buildings shall have at least 70 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.
	b.	A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
	c.	A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
⁴	Any common open spaces are subject to the requirements listed in § 415-47 of this chapter.
⁵	Required front yard setbacks shall be 40 feet when abutting a collector road and/or 50 feet when abutting an arterial road.

Age-restricted residential development.

This Subsection F provides a density bonus for a residential development that a developer agrees to establish as being age restricted in compliance with the federal requirements for "housing for older persons" as specified in the United States Code. (Note: As of 2007, such provisions were in 42 U.S.C. § 3607.)

No person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year.

This Subsection F shall only apply for a development of dwellings that is served by both public sewer and public water services and that is approved as an Option 2: Age-Restricted Residential Development meeting the requirements in § 415-30, Conservation Subdivision Overlay Zone (CSO).

[Amended 9-24-2014 by Ord. No. 8-2014]

If a development consists entirely of single-family detached dwellings, then a minimum of 15% of the required greenway land shall be suitable for recreation for persons age 55 and older. Such percentage shall be increased from 15% to 30% if the development includes dwelling types other than single-family detached dwellings. Areas that would be needed to meet the minimum lot area for individual dwelling units shall not count towards the minimum common open space requirement.

[Amended 9-24-2014 by Ord. No. 8-2014]

An age-restricted residential development shall meet all other requirements of Township ordinances that are not specifically modified by this section.

[Amended 9-24-2014 by Ord. No. 8-2014]

Minimum accessory structures setbacks.

Front yard: 300 feet (except permitted signs); and

Side and rear yards: five feet.

Maximum permitted height.

Principal buildings and structures: 35 feet; and

Accessory buildings and structures: 15 feet.

All uses permitted within this zone shall also comply with all applicable general provisions contained in Article III of this chapter.

§ 415-20 Village Residential Zone (R-3).

Purpose. This zone intends to implement suitable policies for the protection and stabilization of older residential neighborhoods within the Villages of Hogestown and New Kingstown. Aside from residential and public uses, nonresidential uses have been limited to preserve the "small town" character of these areas. Strict design standards have been imposed to keep uses in this zone compatible with nearby homes. Incentives are provided to coordinate vehicular access between adjoining properties.

Permitted uses.

Public uses, public schools and public utilities structures, excluding communications antennas, towers and equipment;

Single-family detached dwellings;

Duplexes;

Public and nonprofit parks and playgrounds;

Forestry activities (see § 415-74);

No-impact home-based business; and

Accessory uses customarily incidental to the above permitted uses.

Special exception uses (see § 415-138C).

Bed-and-breakfasts (see § 415-79);

Family day-care facilities (see § 415-90);

Home occupations (see § 415-96);

Conversion apartments (see § 415-88);

Historic structure conversions (see § 415-95);

Boardinghouses (see § 415-80); and

Off-street off-site parking (see § 415-103).

Conditional uses. (Subject to the review procedures listed in § 415-147 of this chapter.)

Churches and related uses (see § 415-82).

Design requirements. (See § 415-50, Public utilities structures.) See table below.

					Minimum Yard Setbacks
Use	Required Public Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)	Front (feet)	One Side (feet)	Both Sides (feet)	Rear (feet)
SFD	Both public water and public sewer	6,000	60	35%	20	8	16	30
Duplexes	Both public water and public sewer	6,000 per unit	40 per unit	35%	20	10	N/A	30
Other uses	Both public water and public sewer	6,000	60	35%	20	10	20	30

Minimum accessory structures setbacks.

Front yard. No accessory buildings shall be allowed in the front yard between a principal building and the front lot line.

Side and rear yards: five feet.

Maximum permitted height.

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 15 feet.

All uses within this zone shall comply with all applicable general provisions contained within Article III of this chapter.

Design features/bonus incentives. Because of this zone's location along heavily traveled Carlisle Pike, the following incentives are offered for the coordinated provision of vehicular access, parking, loading and signage. These bonus incentives are tied to compliance with specified design features, as follows:[1]

Design Features	Bonus Incentive
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto adjoining roads.	A 10% increase in the maximum permitted lot coverage for each use.
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties.	Waiver of one side yard setback requirement as it applies to the off-street parking lot and a 10% reduction in the total number of parking spaces required for all uses.
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses.	Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived as it applied to off-street loading.
Coordinated signage with two or more uses sharing only one sign.	A 5% increase in the maximum permitted lot coverage and a 10% increase in the maximum permitted size of any attached or freestanding signs.

Editor's Note: Original Section 207, Village Overlay Zone (VO), as amended, which immediately followed this subsection, was repealed 11-14-2018 by Ord. No. 9-2018.

§ 415-21 Neighborhood Commercial Zone (C-1).

Purpose. The purpose of this zone is to provide basic convenience commercial goods and services to local residents who are located at some distance from the Township's commercial concentrations along the Carlisle Pike. Uses have been limited to those that residents are likely to need on a daily or regular basis. Overall, retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local orientation of this zone. Areas where this zone occurs have been sized to permit a grouping of several businesses; lot sizes may vary depending upon the use of public utilities. These areas have been located amid the various residential concentrations to facilitate convenient access to these services without creating additional congestion to and from larger commercial centers. Strict design standards have been imposed to keep uses in this zone compatible with nearby homes.

Permitted uses.

Offices;

Banks and similar financial institutions;

Restaurants, but not including drive-through or fast-food restaurants, or nightclubs;

Retail sale and/or rental of goods, including convenience stores, provided the total sales and/or display area is less than 3,600 square feet;

Retail services, including barber/beauty salons, music, dance, art or photographic studios, repair of clocks and small appliances;

Medical or dental clinics;

Veterinary offices, provided no outdoor keeping of animals is permitted;

Public uses and public utilities structures, excluding communications antennas, towers and equipment;

Shopping centers with any of those uses permitted in this section;

Dwellings, subject to the requirements of the residential zone which abuts the C-1 Zone in which the site is located;

Churches and related uses;

Recycling collection facilities, provided that such facilities are sufficiently enclosed to prevent the scattering of debris; the materials collected are removed at regular intervals; the facility is posted to prohibit the disposal of any material, goods or furnishing that cannot be placed within the actual recycling bin; and the total size of the facility is less than 300 square feet;

Commercial day-care facilities, subject to the following:

An outdoor play area shall be provided at a rate of 65 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (not poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

One off-street parking space shall be provided for each six persons enrolled; and

All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.

Public and private schools (excluding vocational and mechanical trade schools), subject to the following:

All off-street parking lots shall be set back 25 feet and screened from adjoining property lines;

All buildings shall be set back at least 100 feet from any adjoining land within a residential zone;

If education is offered below the college level, an outdoor play area shall be provided at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (not poisonous, thorny, allergenic, etc.). All outdoor play areas must be provided a means of shade, such as shade tree(s) or pavilion(s);

Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period; and

Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

Dry cleaners, laundries and laundromats, subject to the following:

Public sewer and public water shall be utilized, except for operations that only involve material pickup and dropoff;

All activities shall be conducted within a completely enclosed building;

During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed;

Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property; and

Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

Forestry activities (see § 415-74);

Automobile filling stations (including minor incidental repair) (see § 415-55); and

Accessory uses customarily incidental to the above permitted uses.

Lot area, lot width, and lot coverage requirements. (See § 415-50, Public utilities structures.) See the following table.

Public Utilities Utilized	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
None	43,560*	200	35%
Public water	32,670*	150	45%
Public sewer	20,000	125	50%
Both public sewer and public water	15,000	100	60%

NOTE:
*	The minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater; such determinations will be made by the PADEP, through its sewer module review process (see § 415-42).

Minimum setback requirements (principal and accessory uses).

Front yard setback.

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	35	35	45
Off-street parking	20	20	30
Off-street loading	35	35	45
Permitted freestanding signs	10	10	20
Outdoor storage areas	Not permitted	Not permitted	Not permitted
Outdoor display areas	Not permitted	Not permitted	Not permitted

Side yard setbacks. All buildings and structures shall be set back at least 15 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear yard setback. All buildings, structures, off-street parking lots, and loading areas shall be set back at least 20 feet from the rear lot line.

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings.

Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a twenty-five-foot setback for nonresidential buildings, structures, off-street parking lots, and loading areas from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen.

Public utilities structures. See § 415-50.

Maximum permitted height: 35 feet. See § 415-50, Public utilities structures.

Signs. Signs shall be permitted as specified in § 415-44.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed.

Landscaping.

Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back a minimum of 25 feet from all lot lines and 50 feet from any adjoining residentially zoned properties. All waste receptacles shall be completely enclosed within a "sight-tight" masonry or framed enclosure with a self-closing door or gate. All uses shall comply with § 415-33D of this chapter.

Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.

Outdoor storage or display. Within this zone, no outdoor storage or display is permitted.

All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.

§ 415-22 Community Commercial Zone (C-2).

Purpose. This zone provides for large-scale retail, entertainment and service uses within the Township. Uses within this zone are meant to draw upon a Township-wide and regional market. Furthermore, certain tourism-related uses are also permitted, that cater to those visiting or passing through the Township. The types of uses permitted, and the accompanying design standards, reflect the scale of development already existing within these areas. The minimum lot size is intended to encourage larger single uses and an integration of several smaller ones. Areas designated for this zone are characterized with superior vehicular access and/or existing large-scale commercial development. Finally, design standards are imposed to create an attractive, well-landscaped setting with abundant convenient parking.

Permitted uses.

Offices;

Banks and similar financial institutions;

Restaurants and taverns (including drive-through and fast-food restaurants, but not including nightclubs);

Retail sales of goods and services (including auto parts without installation or repair services);

Indoor theaters and auditoriums;

Fast-food restaurants, if within an enclosed mall building and no direct outside customer access to the restaurant is provided;

Hotels, motels and similar lodging facilities;

Public uses and public utilities structures excluding communications antennas, towers and equipment;

Churches and related uses;

Health and fitness clubs, subject to the following criteria:

Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses;

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line and 25 feet from all other lot lines and 100 feet from any residentially zoned properties;

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building; and

The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.

Forestry activities (see § 415-74);

Automobile parts store and automobile service and repair facilities if accessory to a department or variety store (see § 415-53);

Home improvement and building supply stores (see § 415-64);

Automobile filling stations, including minor incidental repair (see § 415-55), provided that an automobile filling station that primarily serves tractor-trailer trucks shall not be allowed;

Amusement arcades (see § 415-52);

Drive-through and/or fast-food restaurants (see § 415-60);

Commercial recreation facilities (see § 415-59);

Medical or dental clinic; and

[Added 6-23-2010 by Ord. No. 7-2010]

Accessory uses customarily incidental to the above permitted uses.

Conditional uses. (Subject to the requirements listed in § 415-147 of this chapter.)

Shopping centers or malls with any of those uses permitted within this zone (see § 415-109);

Nightclubs (see § 415-102); and

Commercial day-care facilities (see § 415-58).

Minimum lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of one acre. For the purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.) that functions as one development site and satisfies all of those requirements imposed upon this zone. See § 415-50, Public utilities structures.

Required public utilities. All uses permitted within this zone where actual or projected sewage flows equal or exceed 1,125 gallons/day shall require the use of public sewer and public water.

Minimum lot width: 250 feet. See § 415-50, Public utilities structures.

Minimum lot depth: 250 feet. See § 415-50, Public utilities structures.

Maximum lot coverage: 60%; however, lot coverage can be increased subject to the requirements of § 415-48 of this chapter.

Minimum setback requirements (principal and accessory uses). (See § 415-50, Public utilities structures.)

Front yard setback:

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	50	50	50
Off-street parking	20	30	30
Off-street loading	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor storage areas	Not permitted	Not permitted	Not permitted
Outdoor display areas	Not permitted	Not permitted	Not permitted

NOTE:

Properties within this zone are also subject to required setbacks from the Carlisle Pike listed in § 415-34C of this chapter.

Side yard setbacks. All buildings and structures shall be set back at least 25 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least 15 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities;

Rear yard setback. All buildings, structures and off-street loading areas shall be set back at least 35 feet from the rear lot line. All parking lots shall be set back at least 25 feet from the rear lot line;

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings; and

Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback between buildings, structures, off-street parking lots and loading areas, and the residentially zoned parcels. Such areas shall be used for a landscape strip.

Maximum permitted height: 35 feet.

Signs. Signs shall be permitted as specified in § 415-44 of this chapter.

Screening. Screening must be provided along any adjoining lands within a residential zone, by whoever is the latter to develop the parcel.

Landscaping.

Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

A minimum fifteen-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 25 feet from all lot lines and 50 feet from any adjoining residentially zoned properties and shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching gate. All uses shall comply with § 415-33D of this chapter.

Outdoor storage and display. Within this zone, no outdoor storage nor display shall be permitted, except as that authorized in § 415-64 of this chapter.

All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.

Materials and waste handling. All health-care related uses, including but not limited to a medical or dental clinic, shall dispose of all materials and wastes in a manner that complies with state and federal regulations. The Township shall be provided, upon request, copies of contracts with waste haulers licensed to operate within the county which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

[Added 6-23-2010 by Ord. No. 7-2010]

§ 415-23 Highway Commercial Zone (C-3).

Purpose. This zone provides suitable locations for highway-oriented retail, service and entertainment businesses. The uses often involve outdoor activities and/or storage areas, like automobile, boat and trailer sales, and service establishments. The uses provided in this zone are meant to serve local residents, as well as those motorists passing through the Township. Access to these areas is provided by adjoining major roads. Specific setbacks are imposed upon outdoor storage areas to protect adjoining properties, and landscaping requirements should help to create an attractive site appearance. Finally, certain design incentives are provided for integrated uses that share access, parking, loading, signage, etc.

Permitted uses.

[Amended 5-25-2016 by Ord. No. 3-2016]

Offices;

Banks and similar financial institutions;

Restaurants and taverns (including drive-through and fast-food restaurants, but not including nightclubs);

Retail sale of goods and services, including, but not limited to, auto parts stores, without installation;

Communications antennas, towers and equipment (see § 415-86).

Hotels, motels and similar lodging facilities;

Indoor theaters and auditoriums;

Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinet-making, and other structural components of buildings;

Public uses and public utilities structures, excluding communications antennas, towers, and equipment;

Public, private and commercial schools (excluding vocational and mechanical trade schools);

Dry cleaners, laundries and laundromats;

Churches and related uses;

Funeral homes, mortuaries and crematoriums;

Indoor commercial recreation uses, such as billiard or pool parlors, bowling alleys, indoor pools and skating rinks, but excluding amusement arcades;

Health and fitness clubs, subject to the following criteria:

Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses;

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line and 25 feet from all other lot lines and 100 feet from any residentially zoned properties;

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building; and

The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.

Commercial day-care facilities, subject to the following:

Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

One off-street parking space shall be provided for each six persons enrolled; and

All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.

Forestry activities (see § 415-74);

Amusement arcades (see § 415-52);

Automobile filling stations (including minor incidental repair) (see § 415-55), provided that an automobile filling station that primarily serves tractor-trailer trucks shall not be allowed;

(20)

Automobile, service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops (see § 415-54), provided that an automobile filling station that primarily serves tractor-trailer trucks shall not be allowed;

(21)

Car washes (see § 415-57);

(22)

Commercial recreation facilities (see § 415-59);

(23)

Drive-through and/or fast-food restaurants (see § 415-60);

(24)

Farmers and/or flea markets (see § 415-62);

(25)

Medical marijuana dispensary, subject to compliance with all Pennsylvania statutory laws and regulations and zoning and land use requirements and other laws of the Township.

[Added 5-10-2017 by Ord. No. 4-2017]

(26)

Mini warehouses (see § 415-65); and

(27)

Accessory uses customarily incidental to the above permitted uses.

Conditional uses. (Subject to the requirements listed in § 415-147 of this chapter.)

Nightclubs (see § 415-100);

Shopping centers or malls involving any use permitted in this zone (see § 415-109);

Bus, boat, farm and excavation machinery, mobile home, and trailer sales (see § 415-118);

Bus, boat, motorcycle, snowmobile, trailer, truck, farm and excavation machinery, and mobile home service and repair facilities (see § 415-119);

Communications antennas, towers and equipment (see § 415-86); and

[Added 9-24-2014 by Ord. No. 5-2014]

Automobile sales and automobile sales storage facility (see § 415-113).

[Added 5-25-2016 by Ord. No. 3-2016]

Lot area, lot width and lot coverage requirements. See the following table.

Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
15,000	100	60%¹

NOTE:
¹	Lot coverage can be increased subject to the requirements of § 415-48 of this chapter.

Required public utilities. All uses permitted within this zone where actual or projected sewage flows equal or exceed 1125 gallons/day shall require the use of public sewer and public water.

Minimum setback requirements.

Front yard setback.

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	35	45	45
Off-street parking	20	30	30
Off-street loading	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor storage areas	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor display areas	20	30	30

NOTE:

Properties within this zone are also subject to required setbacks from the Carlisle Pike listed in § 415-34C of this chapter.

Side yard setbacks. All buildings and structures shall be set back at least 15 feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear yard setback. All buildings, structures, off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 20 feet from the rear lot line.

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings.

Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a thirty-five-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas, and outdoor storage areas from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen.

Maximum permitted height: 35 feet.

Signs. Signs shall be permitted as specified in § 415-44 of this chapter.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, by whoever is the latter to develop the land.

Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

Waste products. Dumpsters may be permitted within the side or rear yard, provided that such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 25 feet from all lot lines and 50 feet from any adjoining residentially zoned properties and shall be completely contained within a masonry or fenced enclosure equipped with a self-latching gate. All uses shall comply with § 415-33D of this chapter.

Outdoor storage and display. Within this zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads if they are located within the front yard.

All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.

§ 415-24 Professional Office Zone (O).

Purpose. This zone accommodates corporate and business offices that are larger than smaller personal service offices. Minimum building sizes have been prescribed to assure desired office types. This zone is located between industrial sites permitting manufacturing and nearby residences; therefore, it is designed to act as a buffer between these different uses. Design standards imposed seek to create a serene office campus that is free from other industrial and commercial impacts.

Permitted uses.

Agriculture, including one single-family detached dwelling contained on the site, subject to the requirements of § 415-15 of this chapter.

Offices, banks and similar financial institutions, provided that each building shall contain at least 10,000 square feet; and further provided that any space owned or leased that contains less than 10,000 square feet shall have no direct means of exterior access, except emergency access if required.

Commercial day-care facilities, subject to the following:

Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

One off-street parking space shall be provided for each six persons enrolled; and

All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania;

Commercial health, fitness and/or therapy centers, provided that each building shall contain at least 10,000 square feet; and further provided that any space owned or leased that contains less than 10,000 square feet shall have no direct means of exterior access, except emergency access if required.

Public uses and public utilities structures, excluding communications antennas, towers and equipment.

Forestry activities (see § 415-74).

Accessory uses customarily incidental to the above permitted uses.

Conditional uses (see § 415-147).

Hotels and related uses (see § 415-97).

Required public utilities. All uses permitted within this zone where sewage flows (actual or projected) equal or exceed 1,125 gallons/day shall require the use of public sewer and public water.

Minimum lot area requirements: one acre (43,560 square feet). See § 415-50, Public utilities structures.

Minimum lot width: 150 feet. See § 415-50, Public utilities structures.

Maximum lot coverage: 60%; however, lot coverage can be increased subject to the requirements of § 415-48 of this chapter.

Minimum setback requirements (principal and accessory uses). (See § 415-50, Public utilities structures.)

Front yard setback.

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	50	50	50
Off-street parking	20	30	30
Off-street loading	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor storage areas	Not permitted	Not permitted	Not permitted
Outdoor display areas	Not permitted	Not permitted	Not permitted

NOTE:

Properties within this zone are also subject to required setbacks from the Carlisle Pike listed in § 415-34C of this chapter.

Rear yard setback. All buildings and structures shall maintain a thirty-five-foot rear yard setback; off-street parking lots and loading areas shall be set back at least 20 feet from the rear lot line.

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings.

Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a thirty-five-foot setback for buildings, structures and off-street loading areas and a twenty-five-foot setback for off-street parking lots from the residentially zoned parcels.

Maximum permitted height: 60 feet, provided that, for each one foot above 35 feet, there shall be an additional two feet of required setback from all property lines.

Signs. Signs shall be permitted as specified in § 415-44 of this chapter.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, by whoever is the latter to develop the land.

Landscaping. Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum fifteen-foot landscape strip shall be provided along property lines.

Waste products. Storage of industrial waste materials shall not be permitted, except within an enclosed building. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. Such dumpsters shall not be used for industrial wastes. All dumpsters shall be set back 25 feet from all lot lines and 50 feet from any adjoining residentially zoned property. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with § 415-33D of this chapter.

Outdoor storage. No outdoor storage is permitted.

All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.

§ 415-25 Light Industrial Zone (I-1).

Purpose. To permit and encourage small-scale light industrial development and to consolidate locations of light industrial related land uses that because of their shipping, storage and other requirements exert special demands in Silver Spring Township. New construction for nonresidential uses shall be encouraged while complementing and serving the local community. The intent of the provided design standards is to encourage functional attractive sites while conserving the value of neighboring residential areas and promoting economic development. The provided design standards shall regulate the intensity of all permitted uses to minimize negative impacts for abutting residential areas and local roadways that may be affected by increased truck traffic.

[Amended 7-28-2015 by Ord. No. 3-2015]

Permitted uses.

Agricultural, subject to the standards listed in § 415-15 of this chapter.

Laboratories for medical, scientific or industrial research and development.

Manufacturing of the following:

[Amended 7-28-2015 by Ord. No. 3-2015]

Furniture, cabinets, fixtures, office supplies, floor and ceiling materials, and other household appointments.

Scientific, specialized and technical instruments and equipment.

Hardware and software for audio-video components, computers, vending machines and video games.

Finished textile products.

Brushes, brooms and combs.

Hot tubs, spas, saunas and swimming pools.

Jewelry and other precious metals.

Photographic, lighting and timekeeping equipment.

Small household appliances, excluding major appliances.

Musical instruments and sporting equipment.

Cosmetics, toiletries and pharmaceuticals.

(l)

Optical, dental and medical supplies and equipment.

(m)

Small or novelty products from prepared materials (excluding the use of sheet metals).

Processing of food products excluding:

[Amended 7-28-2015 by Ord. No. 3-2015]

Breweries and distilleries.

Pickling processes.

Rendering or slaughtering operations.

Sugar refineries.

Storage of the following, provided the site is set back no less than 500 feet from the closest residentially zoned property:

[Amended 7-28-2015 by Ord. No. 3-2015]

Nursery and garden materials and stock.

Contractor supplies.

Plumbing, heating, air conditioning, electrical and other structural components of buildings.

Photocopying, bookbinding, printing and publishing operations.

Machine shops.

Repair shops for products permitted to be manufactured in this zone.

Small engine repair shops.

Welding shops.

Sign makers.

Offices.

Public uses and public utilities, excluding communications antennas, towers and equipment.

Agricultural support businesses, including:

[Amended 7-28-2015 by Ord. No. 3-2015]

Facilities for the commercial processing of agricultural products.

Facilities for the sales and service of agricultural equipment, vehicles, feed or supplies.

Veterinary offices, animal hospitals or kennels.

Vocational and mechanical trade schools.

Forestry activities (see § 415-74).

Mini warehouses (see § 415-65).

Medical marijuana grower/processor, subject to compliance with all Pennsylvania statutory laws and regulations and zoning and land use requirements and other laws of the Township.

[Added 5-10-2017 by Ord. No. 4-2017]

Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on site, so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.

Conditional uses. (Subject to the requirements listed in § 415-147 of this chapter.)

Recycling facilities for paper, plastic, glass and metal products (see § 415-116).

Automobile sales, automobile service, repair facilities, and automobile sales storage facility (see § 415-113).

[Amended 5-25-2016 by Ord. No. 3-2016]

Wind energy conversion system (see § 415-124), other than is allowed as an accessory use by § 415-32E.

Communications antennas, towers and equipment building (see § 415-86).

[Added 9-24-2014 by Ord. No. 5-2014]

Required public utilities. All uses permitted within the zone where sewage flows (actual or projected) equal or exceed 1,125 gallons/day shall require the use of public sewer and water.

Lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of 20,000 square feet. See § 415-50, Public utilities structures.

Minimum lot width: 100 feet. See § 415-50, Public utilities structures.

Maximum lot coverage: 60%; however, lot coverage can be increased subject to the requirements of § 415-48 of this chapter.

Minimum setback requirements (principal and accessory uses). (See § 415-50, Public utilities structures.)

Front yard setback.

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	50	50	50
Off-street parking	20	30	30
Off-street loading	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor storage areas	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor display areas	20	30	30

NOTE:

Properties within this zone are also subject to required setbacks from the Carlisle Pike listed in § 415-34C of this chapter.

Side yard setbacks. All buildings and structures shall be set back at least 25 feet from the side lot lines. Off-street parking lots, loading areas and outdoor storage areas shall be set back at least 15 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking facilities;

Rear yard setback. All buildings and structures shall maintain a twenty-five-foot rear yard setback; off-street parking lots, loading areas and outdoor storage areas shall be set back at least 15 feet from the rear lot line;

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings; and

Residential buffer strip. Any lot adjoining land principally used as a residence or within a residential zone shall maintain a fifty-foot setback for buildings, structures, off street parking lots, loading areas and outdoor storage areas from residentially-used and/or zoned parcels.

[Amended 7-28-2015 by Ord. No. 3-2015]

Maximum permitted height. Forty feet, provided that no habitable space be located above 35 feet and that all structures exceeding 35 feet in height shall be set back a distance at least equal to their height from each property line.

[Amended 7-28-2015 by Ord. No. 3-2015]

Signs. Signs shall be permitted as specified in § 415-44 of this chapter.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed.

Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 415-46 for a partial listing.)

Outdoor storage and display. Within this zone outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads if they are located within the front yard.

All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.

Prohibited uses. Principal uses identified as warehousing and truck terminals shall be prohibited.

[Amended 7-28-2015 by Ord. No. 3-2015]

§ 415-26 General Industrial Zone (I-2).

Purpose. This zone provides for a wide range of industrial activities that contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the start-up industries that are likely to emerge; however, larger and heavier industries have also been permitted. This zone provides for light industrial uses as permitted by right, but requires obtainment of a conditional use for heavier and potentially more objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.

Permitted uses.

Agricultural, subject to the standards listed in § 415-15 of this chapter.

Laboratories for medical, scientific or industrial research and development.

Manufacturing, packaging and associated storage and/or wholesaling of the following:

Furniture, cabinets, fixtures, office supplies, floor and ceiling materials, and other household appointments;

Scientific, specialized and technical instruments and equipment;

Hardware and software for audio-video components, computers, vending machines, electronic equipment and video games;

Finished textile products;

Brushes, brooms and combs;

Hot tubs, spas, saunas, and swimming pools;

Jewelry, and other precious metals;

Photographic, lighting and timekeeping equipment;

Small household appliances, excluding major appliances;

Musical instruments and sporting equipment;

Cosmetics, toiletries and pharmaceuticals;

(l)

Optical, dental and medical supplies and equipment; and

(m)

Small or novelty products from prepared materials (excluding the use of sheet metals).

Processing, packaging and associated storage and/or wholesaling of food products, excluding:

Breweries and distilleries;

Pickling processes;

Rendering or slaughtering operations; and

Sugar refineries.

Photocopying, bookbinding, printing, and publishing operations.

Machine shop.

Repair shops for products permitted to be manufactured in this zone.

Small engine repair shops.

Welding shops.

Sign makers.

Offices.

Public uses and public utilities, excluding communications antennas, towers and equipment.

Agricultural support businesses, including:

Facilities for the commercial processing and warehousing of agricultural products;

Facilities for the warehousing, sales and service of agricultural equipment, vehicles, feed or supplies;

Commercial stockyards or feedlots; and

Veterinary offices, animal hospitals, or kennels.

Vocational and mechanical trade schools.

Forestry activities (see § 415-74).

Billboards (see § 415-56).

Mini warehouses (see § 415-65).

Wholesale produce and tobacco auctions (see § 415-70).

Commercial day-care facilities (see § 415-58).

(20)

Retail sales of consumer fireworks, subject to compliance with all federal and Pennsylvania statutory laws and regulations and zoning and land use requirements of the Township.

[Added 2-28-2018 by Ord. No. 1-2018]

(21)

Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on site so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.

Conditional uses. (Subject to the requirements listed in § 415-147 of this chapter.)

Truck or motor freight terminals (see § 415-110).

Communications antennas, towers and equipment (see § 415-86).

Principal waste-handling facilities (see § 415-104).

Adult-related uses (see § 415-77).

Junkyards (see § 415-98).

Commercial stockyards and/or feedlots (see § 415-85).

Truck stops (see § 415-111).

Slaughtering, processing, rendering and packaging of food products and their by-products (see § 415-112).

Automobile sales, automobile service, repair facilities, and automobile sales storage facility (see § 415-113).

[Amended 5-25-2016 by Ord. No. 3-2016]

Sales, storage and/or wholesaling of the following (see § 415-89):

Home and auto-related fuels;

Nursery and garden materials and stock;

Contractor supplies; and

Plumbing, heating, air-conditioning, electrical and other structural components of buildings.

Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations (see § 415-114).

Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers and other similar machinery (see § 415-115).

Recycling facilities for paper, plastic, glass and metal products (see § 415-116).

Off-track betting parlors (see § 415-117).

Wind energy conversion system (see § 415-124), other than is allowed as an accessory use by § 415-32E.

Warehousing and wholesale trade establishments (see § 415-125).

Required public utilities. All uses permitted within this zone where sewage flows (actual or projected) equal or exceed 1,125 gallons/day shall require the use of public sewer and water.

Lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of 43,560 square feet. See § 415-50, Public utilities structures.

Minimum lot width: 200 feet. See § 415-50, Public utilities structures.

Maximum lot coverage: 60%; however, lot coverage can be increased subject to the requirements of § 415-48 of this chapter.

Minimum setback requirement (principal and accessory uses). (See § 415-50, Public utilities structures.)

Front yard setback.

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	50	50	50
Off-street parking	20	30	30
Off-street loading	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor storage areas	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor display areas	20	30	30

NOTE:

Properties within this zone are also subject to required setbacks from the Carlisle Pike listed in § 415-34C of this chapter.

Side yard setbacks. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 30 feet from any side property lines. All outdoor storage areas and off-street parking lots shall be set back at least 20 feet from any side lot lines, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities;

Rear yard setback. All buildings, structures and off-street loading areas shall be set back at least 35 feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines;

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings; and

Residential buffer strip. Any use adjoining land principally used as a residence and/or within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential lot and/or zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping (see § 360-34 of Chapter 360, Subdivision and Land Development).

Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 45 feet, except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 35 feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all property lines.

Signs. Signs shall be permitted as specified in § 415-44 of this chapter.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed.

Landscaping.

A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Waste products. The storage of industrial waste materials shall not be permitted except within an enclosed building. All dumpsters for domestic waste shall be set back a minimum of 25 feet from all lot lines and 75 feet from any adjoining residentially zoned properties. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with § 415-33D of this chapter.

All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.

§ 415-27 Quarry Zone (Q).

Purpose. It is the purpose of this zone to make appropriate provisions for the extraction of mineral deposits in the earth and to provide appropriate safeguards which are hereby deemed necessary to protect and preserve the health, safety and welfare of the citizens of this Township.

Permitted uses.

Quarrying and/or mining of minerals, including the extraction of minerals (limestone, dolomite, gravel, rock, stone, vermiculite and clay) from the earth, from waste or stock piles, or from pits or banks, which requires the removal of overburden, strata or material overlying above or between minerals, or by otherwise exposing or retrieving minerals found on the lands. Such activities shall include strip, drift, auger and open-pit mining, quarrying leaching, and box cutting, but shall not include activities carried out beneath the surface of the earth by means of shafts, tunnels or other subterranean mining openings;

Storage and stockpiling of minerals;

Processing of minerals for sale, including the refinement of minerals to specifications for sale, and shall include the crushing, screening, washing, grading of rock materials;

Concrete batching plants for the manufacture of concrete;

Installation and construction of plants and equipment for the purpose of Subsections B(3) and (4) immediately above;

The restoration of lands after extraction of minerals;

Forestry activities (see § 415-74);

Agricultural uses as regulated by § 415-15 of this chapter;

Public and nonprofit parks and playgrounds (other than amusement parks), subject to the applicable design standards of § 415-15 of this chapter; and

Accessory uses to the foregoing, limited to:

Business offices for the permitted uses;

Garages and shops for the storage and repair of equipment used in the permitted uses;

Warehouses for the storage of supplies necessary to carry out permitted uses; and

One single-family dwelling unit to provide housing for security personnel (and family thereof) relative to the permitted uses.

Conditional uses. (Subject to the review procedures listed in § 415-147 of this chapter.)

Quarry-related manufacturing, mixing and processing for sale of asphaltic or bituminous products (see § 415-107).

Minimum required lot area: 50 acres.

Minimum required lot width: 200 feet at the building setback line and the lot frontage.

Maximum permitted lot coverage: 5%.

Minimum required open space: 20% of the lot area.

Minimum required setbacks. None of the following shall be located within 200 feet of any property line of properties which are not owned, controlled or leased by the operator of the principal use:

Buildings and structures, including, but not limited to, processing plants, concrete batching plants, and asphalt mixing plants;

Storage or stockpiling of minerals or by-products thereof or wastes from mining operations;

Outdoor storage of equipment or supplies; and

Mining or processing, except that water settlement ponds used in the process of washing rock materials, together with pumps, pipes appurtenant to and used in connection thereof, shall be permitted within said area, but no part of any such processing facilities shall be closer than 45 feet to the nearest right-of-way line of any public road nor closer than 45 feet to any property line where said line is not within the right-of-way of any public road. A berm required under Subsection J of this section and constructed within said forty-five-foot setback area may be used as part of the containment structure of such ponds and shall not be considered to be violative of said setback requirement.

Maximum permitted height: 35 feet, except that nonhabitable structures may be increased in height one foot for each additional one foot of setback provided from every property line, up to a maximum of 100 feet.

Required berming. An earth berm having a minimum height of six feet and a tree-planted screen having a minimum width of 20 feet shall surround all mining and processing activities.

Required mining plan. All activities shall be subject to the prior approval of a mining plan, which shall consist of a topographic map with a contour interval of not greater than five feet, showing all natural and man-made features, rights-of-way, easements, property lines, and a plan and cross sections of the proposed surface mining, including detailed groundwater information.

Required traffic study. All mining-related uses shall be required to prepare and submit a traffic study according to § 360-14E of Chapter 360, Subdivision and Land Development.

Required reclamation plan. All mining-related uses shall be required to prepare and submit a reclamation plan. A reclamation plan shall consist of a plan for reuse of the land after completion of the operations and the carrying out of the restoration, reclamation, reforestation or other corrective work so as to leave the land in a condition that will enable it to be used for ecologically and economically productive purposes consistent with the Comprehensive Plan of the Township upon completion of the surface mining operation. As a minimum, said plan shall provide for temporary and permanent cover, water control measures, and management of vegetation in accordance with the "critical areas practices" of the Erosion and Sedimentation Control Handbook published by the Cumberland, Dauphin and Perry Counties Conservation District (most recent edition). Such plan shall be prepared by a registered engineer or landscape architect and shall bear the authorized signature of the owner of the land. A detailed timetable for restoration shall be provided, to be completed within three years or such earlier time as shall be required by an regulatory agency or body having jurisdiction after completion of the surface mining operation, together with an estimate of cost of each major step in the plan and the total cost of the program. The applicant shall post security as permitted in the Surface Mining Conservation and Reclamation Act,[1] as amended from time to time, in the amount of $1,000 per acre. If such security has been posted with another regulatory agency or body having jurisdiction, naming the Township as additional obligee, an additional bond may be waived by the Board of Supervisors, if satisfied that the Township's interests are adequately protected.

Editor's Note: See 52 P.S. § 1396.1 et seq.

Required operational statement. All mining-related uses shall be required to prepare and submit an operational statement. Such operational statement shall include a detailed description of methods for handling operations with respect to the emission of noise, dust, smoke, refuse, water, odor, gas, fumes or similar substances or conditions which may endanger the health, safety or general welfare, stormwater management, air pollution, soil erosion and sedimentation control, and other environmental problems created during the operation, including production, transportation, processing, stockpiling, storage, and disposal of products, by-products and wastes. For the mining-related use to be approved, the operational statement must demonstrate, by credible evidence, each of the following:

Mining shall comply with all applicable state and federal laws, rules and regulations, including, but not limited to, regulations concerning dust, vibration, noise, heat, glare, vapors and gases;

No emission of dust, dirt, fly ash, fumes, vapors or gases which could cause any damage to human health, animals or vegetation or to other forms of property or which could cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission will occur;

No mining, processing or other activity shall produce heat or glare beyond the property boundary line of the land on which the operation is located;

No machines or operations shall cause vibrations which are perceptible along the boundary line of the Quarry Zone. The foregoing language and provisions shall not be construed to limit or prevent blasting conducted in accordance with all applicable laws and regulations of the Commonwealth of Pennsylvania; and,

No activities shall be permitted which emit dangerous radioactivity at any point nor shall there be any electrical or radio disturbances which adversely affect the operation of any equipment at any location other than that of the creator of such disturbances.

All uses shall comply with the applicable general provisions contained within Article III of this chapter.

§ 415-28 Interchange Zone (INT).

Purpose.

The areas identified for this zone have superior regional vehicular access adjoining the interchange of Pennsylvania Route 114 and U.S. Route 81. This access affords the opportunity for a wide range of intensive land uses with minimized traffic impact. Local officials view this interchange as a premium regionally-based development site and a "gateway" to the Township. Therefore, its use is reserved for high quality economic development.

Coincident with this interchange are severe development constraints associated with the Conodoguinet Creek and steep slopes. Township officials and residents alike are interested in protecting sensitive environmental conditions like the Conodoguinet Creek, its floodplain, wetlands and steep side banks. Indiscriminate development of this area would conflict with the local goal to protect these natural features.

This zone provides for intensive development, but only after a detailed site survey of valuable natural/cultural features, and then only when they are protected.

Permitted uses.

Agriculture, subject to the standards listed in § 415-15 of this chapter;

Public and/or nonprofit uses devoted to the preservation and conservation of natural, historical or archaeological resources;

Single-family detached dwellings, subject to the standards listed in § 415-16 of this chapter, except that rural clusters are expressly prohibited;

Public and/or nonprofit parks;

Public utilities structures, excluding communications antennas, towers and equipment;

Forestry activities (see § 415-74); and

Accessory uses customarily incidental to the above permitted uses.

Conditional uses. (Subject to the requirements of § 415-147 of this chapter and Subsection P of this section.)

Offices, provided that each building shall contain at least 10,000 square feet; and further provided that any space owned or leased that contains less than 10,000 square feet shall have no direct means of exterior access, except emergency access if required;

Banks and similar financial institutions, subject to § 415-121, provided that:

There shall be no more than one bank or financial institution per 200,000 square feet of proposed office space.

Each building shall contain at least 4,000 square feet.

Retail sale of office supplies, office furniture, art and drafting equipment, computers and software;

Retail photocopy and printing centers, not exceeding 5,000 square feet of gross leasable floor area;

Health-care campuses and hospitals (see § 415-94);

Convention centers (see § 415-87);

Golf courses (see § 415-92);

Hotels and related uses (see § 415-97);

Health and fitness clubs (see § 415-93); and,

Commercial day-care facilities (see § 415-83).

Required public utilities. All conditional uses permitted within this zone shall require the use of public sewer and public water.

Minimum lot area requirements: two acres. See § 415-50, Public utilities structures.

Minimum lot width: 200 feet. See § 415-50, Public utilities structures.

Maximum lot coverage: 60%; however, lot coverage can be increased subject to the requirements of § 415-48 of this chapter.

Minimum setback requirements (principal and accessory uses). (See § 415-50, Public utilities structures.)

Front yard setback.

Use	Required Front Yard Setback from Local Road (feet)	Required Front Yard Setback from Collector Road (feet)	Required Front Yard Setback from Arterial Road (feet)
Buildings and structures, excluding signs	50	50	50
Off-street parking	20	30	30
Off-street loading	Not permitted in front yard	Not permitted in front yard	Not permitted in front yard
Outdoor storage areas	Not permitted	Not permitted	Not permitted
Outdoor display areas	Not permitted	Not permitted	Not permitted

Side yard setbacks. All buildings and structures shall be set back at least 25 feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 15 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking facilities;

Rear yard setback. All buildings and structures shall maintain a thirty-five-foot rear yard setback; off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 20 feet from the rear lot line;

Building separation setbacks. For multiple buildings contained on the same lot, there shall be provided a minimum of 25 feet between the closest points of such buildings; and

Maximum permitted height: 60 feet, provided that, for each one foot above 35 feet, there shall be an additional two feet of required setback from all property lines.

Signs. Signs shall be permitted as specified in § 415-44 of this chapter.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed.

Waste products. Storage of industrial waste materials shall not be permitted except within an enclosed building. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. Such dumpsters shall not be used for industrial wastes. All dumpsters shall be set back 25 feet from all lot lines and 50 feet from any adjoining residentially zoned property. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with § 415-33D of this chapter.

Outdoor storage. No outdoor storage is permitted.

All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.

Conditional use review. In addition to the general conditional use requirements of § 415-147 and any specific requirements listed per use in Article IV, the following requirements shall apply to all conditional uses permitted within this zone:

Delineation of natural and cultural features.

As part of the site planning process, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Qualified experts must identify, describe and plot each of the following found on the proposed site:

One-hundred-year floodplains;

Steep slopes (greater than 15%);

Wetlands, streams, ponds or other water bodies;

Sinkholes, caves, vistas or other significant geologic features;

Threatened or endangered species habitats;

Archaeologic resources;

[7]

Historic resources; and

[8]

Significant stands of mature trees.

Once identified, the applicant shall furnish expert testimony as to how these features will be protected during and after development of the site. Should any such features be proposed as common open space, they shall be governed by § 415-47 of this chapter.

Vehicular access. Vehicular access shall be regulated by § 415-39B of this chapter.

§ 415-29 Floodplain Zone (FP).

Introduction. The Township of Silver Spring is cognizant of the recurring flooding and water drainage problems associated with the Conodoguinet Creek, Hogestown Run, Trindle Run, and all of the contributory streams and waterways within the Township related to the above-mentioned creeks. This section is, therefore, designed to alleviate these problems and provide for protection from flooding hazards in the future throughout the Township.

Purpose and policy.

It is hereby found that the streams, creeks and waterways of the Township are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain, and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is, therefore, determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this section, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants, and for the preservation of the public health, safety and general welfare.

The intent of this section shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Township.

Building permits shall be required before any construction or development is undertaken within any area of the Township.

It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township, unless a building permit has been obtained from the Building Codes Official. Building permits shall be obtained for construction/modifications to existing structures and construction of new structures and all land development projects.

Specific objectives.

To combine with present zoning requirements, certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township;

To prohibit the erection of buildings and structures in areas unfit for human usage by reason of danger from flooding;

To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood-prone areas and promoting safe and sanitary drainage;

To permit only those uses which can be appropriately located in the floodplain as herein defined, and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above, or below their locations along the floodplains;

To provide sufficient drainagecourses to carry abnormal flows or stormwater in periods of heavy precipitation;

To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters;

To protect the entire Township from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township;

To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas;

To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding;

To provide areas for the temporary natural storage of floodwaters; and,

To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with federal and state floodplain management requirements of the Flood Plain Management Act[1] (which requires municipal participation in the National Flood Insurance Program).

Editor's Note: See 32 P.S. § 679.101 et seq.

Issuance of building permit.

The building codes office shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this section and all other applicable codes and ordinances.

Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

In the case of existing structures, prior to the issuance of any building permit, the Building Codes Official shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.

No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection regional office.

In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Township prior to any alteration or relocation of any watercourse.

Application procedures and requirements.

Application for such a building permit shall be made, in writing, to the Building Codes Official on forms supplied by the Township. Such application shall contain the following:

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor.

Site location including address.

Listing of other permits required.

Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

A plan of the site showing the exact size and location of the proposed construction, as well as any existing buildings or structures.

If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Codes Official to determine that:

All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this and all other applicable codes and ordinances.

All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

Applicants shall file the following minimum information, plus any other pertinent information as may be required by the Building Codes Official or Silver Spring Township to make the above determination:

A completed building permit application form.

A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

North arrow, scale and date;

Topographic contour lines, if available;

All property and lot lines, including dimensions and the size of the site expressed in acres or square feet.

The location of existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development;

The location of all existing streets, drives and other access ways; and

The location of any existing bodies of water or watercourses, identified floodplain areas and, if available, information pertaining to the floodway and the flow of water, including direction and velocities.

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:

The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;

The elevation of the one-hundred-year flood;

If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood;

Detailed information concerning any proposed floodproofing measures; and

Supplemental information as may be necessary pertaining to the UCC (Uniform Construction Code) as referred to in 34 Pa. Code (Chapters 401 to 405, as amended), and Section 1612.5.1, Sections 104.7 and 109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the 2003 IRC.

The following data and documentation:

Documentation, certified by a registered professional engineer, to show that the cumulative effect of any proposed development within a special floodplain area, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.

A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.

The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.

Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

Delineation of lands within the floodplain zone. For purposes of this chapter, areas contained within the Floodplain Zone shall include the following:

Those areas subject to inundation by the waters of the base flood (one-hundred-year flood), as identified in the Flood Insurance Study dated March 3, 1992, and accompanying maps, or the latest revision thereof, including all digital data developed as part of the Flood Insurance Study, as prepared for the Township and issued by the Federal Emergency Management Agency and/or its successors; and

For all other streams and/or waterways not depicted upon the Township's Flood Boundary and Floodway Maps, the Floodplain Zone shall be deemed to include:

An area measuring 50 feet horizontally perpendicular from the top of the bank of the watercourse; or

The area inundated by the base flood as determined through qualified hydrologic and hydraulic study. Such study shall be signed, sealed and certified by a registered professional of the Commonwealth of Pennsylvania. Such certification shall acknowledge the accuracy of the study or survey and the qualification of the individual to perform such study or survey. Copies of such studies and surveys shall be submitted by the Zoning Officer to the Township Engineer and the Federal Emergency Management Agency, who shall have 30 days to comment. Any property owner whose property is so studied shall pay all costs of these studies and surveys, except for work done under retainer to, or on behalf of, the Township.

Boundary disputes.

Should a dispute concerning any boundary of the Floodplain Zone arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 415-138F of this chapter. The burden of proof in such an appeal shall be on the applicant, and all hearings and procedures shall follow the requirements of § 415-137 of this chapter;

All changes to the boundaries of the Floodplain Zone which affect areas identified in Subsection F(1) of this section are subject to the review and approval of the Federal Emergency Management Agency for compliance with the rules and regulations of the National Flood Insurance Program.

Relationship to other sections. The provisions of this section create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this chapter. To the extent the provisions of this section are applicable and more restrictive, they shall supersede conflicting provisions within all other sections of this chapter and all other ordinances of the Township. However, all other provisions of all other articles of this chapter and all other ordinances of the Township shall remain in full force.

Permitted uses. The following uses and no others are permitted in the Floodplain Zone:

Cultivation and harvesting crops according to recognized soil conservation practices;

Pasture and grazing of livestock (including only one- or two-strand wire fences) according to recognized soil conservation practices; and further provided that such livestock shall not be confined to pastures or other enclosures located entirely within the Floodplain Zone;

Outdoor plant nursery or orchard according to recognized soil conservation practices;

Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding;

Game farms, fish hatchery, or hunting and fishing reserve, for the protection and propagation of wildlife, but permitting no structures;

Forestry (see § 415-74), lumbering and reforestation according to recognized natural resources conservation practices;

Front, side and rear yards and required lot area of lots existing prior to the adoption of this chapter, in any district, provided such yards are not to be used for on-site sewage disposal systems;

Normal accessory uses (excepting enclosed structures, freestanding satellite dish antennas, fences and aboveground swimming pools) on lots existing prior to the adoption of this chapter, permitted under the applicable zoning district;

Recreational use, whether open to the public or restricted to private use, such as parks, camps, picnic areas, golf courses, fishing areas, sport or boating clubs, not to include enclosed structures excepting floodproof toilet facilities, but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any floodproof toilet facilities provided shall be connected to public water and sewerage systems;

Sewage treatment plant, outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the Township Authority Engineer, appropriate sewer authorities and the Pennsylvania Department of Environmental Protection, when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain Zone;

Sealed public water supply wells, with the approval of the Pennsylvania Department of Environmental Protection;

Dams, culverts, bridges, and altered or relocated watercourses, with the approval of appropriate authorities with jurisdiction such as the Commonwealth of Pennsylvania, Department of Environmental Protection; and

Sanitary or storm sewers and impoundment basins, with the approval of the Pennsylvania Department of Environmental Protection.

Nonconforming uses and structures in the Floodplain Zone.

Continuation. All uses or structures lawfully existing in the Floodplain Zone on the effective date of this section which are not in conformity with the provisions of this section shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired and floodproofed, except as prohibited by Subsection J(2) and (4)(b) of this section. However, such nonconforming uses or structures may at any time be improved to comply with existing state or Township health, sanitary or safety code specifications which are necessary solely to assure safe living conditions.

Abandonment. Nonconforming uses or structures which have been discontinued or vacated for 12 consecutive months shall be considered abandoned. Vacation of land or structures or the nonoperative status of the use normally carried on by the property shall be evidence of discontinuance. No abandoned use or structure may be reestablished, repaired or reoccupied. The Supervisors may require the removal of any abandoned nonconforming use or structure upon prior notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Supervisors shall have the authority to cause the removal to be accomplished, the costs of such removal to be paid by the property owner.

Expansion and modification. A nonconforming use or structure may not be expanded or modified in any manner which would increase or aggravate flooding or flood hazards. Nothing shall be done which would otherwise violate any of the provisions of this section. No nonconforming use or structure shall be expanded, enlarged or altered in any way which increases its nonconformity with respect to height, area, yard and other requirements established in other sections of this chapter, nor in any way which causes it to occupy more space within the Floodplain Zone than was occupied by it on the effective date of this section.

Replacement and rebuilding:

A nonconforming use or structure may be replaced, repaired or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than 50% of its fair market value at the time of its damage or destruction. In such a case, however, the nonconformity of the new use or structure with respect to requirements as expressed in provisions of this chapter shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this section;

A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved or rebuilt in any way other than in complete conformity and full compliance with Subsection K(3) of this section and all other sections of this chapter and all other ordinances of the Township. The Zoning Hearing Board may waive as a special exception the requirements of this subsection where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operation of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary and the least modification possible of the provisions of this section, while respecting and maintaining the purpose and intent of this section;

The Zoning Officer shall have the initial responsibility of determining the percent of damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction and may call on any experts or authorities he may deem necessary to assist him in arriving at a fair and impartial determination. Appeals of the decision of the Zoning Officer may be made to the Zoning Hearing Board.

Historic structures. The Zoning Hearing Board shall have the right to waive as a special exception any of the requirements of Subsection J(2) and (4)(b) of this section for any historic structure, as defined herein.

Special requirements for mobile homes.

If any existing mobile home shall be replaced, reconstructed or expanded by addition thereto, then the mobile home shall be:

Anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the following:

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length;

Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length; and

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

Elevated in accordance with the following requirements:

The mobile home shall be elevated on a permanent foundation so that its lowest floor is one foot or more above the elevation of the one-hundred-year flood;

Adequate surface drainage is provided; and

Adequate access for a hauler is provided.

An evacuation plan, indicating alternate vehicular access and escape routes, shall be filed with the Township Supervisors for mobile home parks.

Design and performance standards.

Applicability. The standards included in this section are to be used, together with the provisions of all other sections and all other ordinances in force in the Township, by the Zoning Officer and Zoning Hearing Board in their administration of this section;

Regulations and reviews by other agencies.

Where applicable and where possible, all necessary permits or other written approvals must be obtained from all other agencies before any approvals of special exceptions, variances or permits may be granted by the Township;

Where necessary permits or written approvals from other agencies cannot be obtained prior to action by the Township, any approval of special exceptions, variances or permits by the Township shall be conditioned upon receiving such other agencies' permits or written approvals; and

No regulations of the commonwealth governing watercourses are amended or repealed by this chapter. Prior to any proposed alteration or relocation of any watercourse a permit shall be obtained from the Pennsylvania Department of Environmental Protection, Dams and Encroachment Division, and notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such permit applications and municipal notifications shall be forwarded to the Federal Insurance Administration and to the Pennsylvania Department of Community and Economic Development.

Placement and construction of authorized uses and structures.

No use shall be permitted which would cause any rise in the base flood elevation. All uses and structures shall be designed, constructed and placed so as to offer the minimum obstruction possible to the flow of water and shall be designed to have a minimum effect upon the flow, velocity or height of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow and, so far as is practicable, structures shall be placed approximately on the same flood flow lines as those of nearby structures;

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and shall be constructed by methods and practices that minimize flood damage;

All new or replacement drains, water supply facilities, sanitary sewage facilities or other utility improvements shall be designed to preclude infiltration or backup of sewage or floodwaters into the facilities or structures and discharges from the facilities into floodwater, and to minimize the impedance of flood flows;

Anchoring. All structures, buildings, air ducts, large pipes, and storage tanks within the Floodplain Zone shall be firmly anchored to prevent flotation, movement or collapse, thus reducing the possibility of the blockage of bridge openings and other restricted sections of the watercourse;

For all permitted nonconforming uses and uses authorized by the granting of a variance, the following standards shall apply:

All new construction and substantial improvements of permanent nonresidential structures shall either: 1) have the lowest floor (including basement) elevated to one foot above the base flood elevation; or 2) together with attendant utility and sanitary facilities, be floodproofed so that below one foot above the base flood elevation, the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Enclosed space below the lowest floor (including basement) is prohibited. All floodproofing measures shall be done according to the standards and provisions for floodproofing classes W-1 or W-2, as contained in floodproofing regulations published by the Office of the Chief of Engineers, United States Army, EP 1165-2-314 (June 1972, as subsequently amended), where such standards and provisions do not conflict with other provisions of this section. Where reference is made in the "Flood Proofing Regulations" to the "RFD" (regulatory flood datum), it shall be interpreted to mean the base flood elevation as defined by this section. The applicant shall submit qualified evidence by a registered professional engineer or a licensed professional architect certifying compliance with this requirement; and

All improvements to existing structures shall have the lowest floor (including basement) elevated to one foot above the base flood elevation. All manufactured homes shall be subject to the above-listed regulations as well as those listed in Subsection J(6) of this section. In all cases, enclosed space below the lowest floor (including basement) is prohibited.

Standards and criteria for special exceptions and variances. In addition to the provisions of this chapter, in hearing and deciding upon special exceptions and/or variances to the provisions of this section, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:

No special exception or variance shall be granted for any use except those specifically permitted by Subsection I of this section, nor any use, structure or development within the floodway which would increase the one-hundred-year flood elevation.

In addition to the standards generally applicable to variances, variances shall only be granted upon: 1) a showing of good and sufficient cause; 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable laws, ordinances or regulations.

Variances shall only be granted upon the determination that the variances are the minimum necessary to afford relief, considering the flood hazard. The applicant must also comply with any other conditions imposed by the Zoning Hearing Board.

Whenever a variance is granted, the Board shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance if construction occurs below the one-hundred-year flood elevation; and

Such variance may increase the risk to life and property.

In granting a special exception or variance, the Board shall require that all buildings and structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.

A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board. The Board shall report such decisions in the annual report sent to the Federal Emergency Management Agency.

In hearing and deciding upon variances or special exceptions to this section the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications and other information as it may deem necessary to assist in arriving at a fair and impartial determination. In addition to that information required by Subsection L of this section and § 415-144 of this chapter, such required information may include, but is not limited to, the following:

Plans drawn to scale showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel;

A typical valley cross section showing the channel of the watercourse, elevations of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information;

A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply facilities, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information;

A profile showing the slope of the bottom of the channel of flow line of the watercourse; and

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply facilities and sanitary facilities.

Municipal liability. The lawful granting of a permit or making of any administrative decision under this section shall not constitute a representation, guarantee or warranty of any kind by Silver Spring Township or by any official, agent or employee thereof, of the practicability or safety of any structure, use or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any flood damage that may result pursuant thereto or as a result of reliance on this section. There is also no assurance that lands not included in the Floodplain Zone are now or ever will be free from flooding or flood damage.

§ 415-30 Conservation Subdivision Overlay Zone (CSO).

[Added 9-24-2014 by Ord. No. 8-2014]

Purpose and applicability.

Purpose. In addition to the purpose statement in § 415-2, it is the purpose of this zone to:

Conserve undeveloped land for the purpose of protecting primary and secondary conservation areas in contiguous, unfragmented, commonly managed landscapes to:

Protect large, intact wildlife habitat areas and connect patches of wildlife habitat to support greater biodiversity, maintain ecosystem processes and allow larger, healthier populations to persist; and

Minimize edge conditions and associated colonization by invasive plant species.

Contribute to the creation of a community-wide greenway system for the benefit of present and future residents.

Protect productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations.

Lessen the impact of new development on the Appalachian Trail.

Conserve existing landscape character by minimizing views of new development from existing roads, thereby reducing perceived density.

Encourage innovation and promote flexibility, economy and ingenuity in development.

Provide multiple development options for landowners to reflect their varying circumstances and the individual characteristics of their properties.

Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences.

Provide homes with direct views of greenway land, organized around common greens.

Provide for the conservation and maintenance of greenway land and for active or passive recreational use by residents.

Provide greater efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the impervious cover required for residential development.

(l)

Provide a wider range of feasible locations for stormwater and wastewater facilities in order to comply with prevailing state-of-the-art designs and best management practices.

(m)

Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.

(n)

Implement land use, open space, and community policies set forth in the Silver Spring Township Comprehensive Plan.

Applicability. This zone shall be an overlay on the R, RE, R-1 and R-2 Zones and shall apply to residential uses as set forth in the permitted uses and conditional uses sections of each zone.

General regulations. The design of all new subdivisions in the CSO Zone shall be governed by the following minimum standards:

Ownership. The development tract may be held in single ownership or in multiple ownerships. When a development tract is held in multiple ownerships, it shall be:

Represented by a single application; and

Presented and approved under a common plan. The entire tract shall be designed in accordance with this article.

Combining the design options. The development options permitted in this section may be combined at the discretion of the Township, based upon demonstration by the applicant that such a combination would better fulfill the purposes set forth in Subsection A of this section, as compared with applying a single option to the property. When more than one option is applied to a development tract, the applicant shall clearly indicate the boundaries of each option.

Protection of conservation areas. The proposed design shall conserve primary conservation areas. Demonstration by the applicant that these features are protected by the proposed application shall be prerequisite to approval of conditional use applications and all preliminary and final plan approvals. The protection of secondary conservation areas shall be addressed through the four-step design process described in § 360-41 of Chapter 360, Subdivision and Land Development.

Uses.

Uses permitted in Options 1 through 4:

Residential uses as set forth in the underlying zoning district;

Greenway land. See greenway land uses in Subsection G of this section;

Accessory uses as set forth in the underlying zoning district; and

In Option 4 subdivisions, on a building lot containing 10 or more acres, an accessory dwelling unit (ADU) is permitted, subject to the provisions in Subsection D(3).

Uses permitted by conditional use in Option 5: Villages.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I, of the Code) to delete reference to Village Overlay Zone, which zone was repealed by Ord. No. 9-2018.

Maximum dwelling units and minimum greenway land.

The maximum number of dwelling units shall be determined by a calculation using the density factor set forth in Table A in this section and the formulas in Subsection D(4).

Greenway land. The minimum greenway land shall be as set forth in Table A in this section.

Table A
Density Factors and Minimum Greenway Land
Zone:		R Zone	RE Zone	R-1 Zone	R-2 Zone
Option 1: Conservation subdivision	Maximum density (as density factor):	0.5 du/ac ATA	0.5 du/ac ATA	2 du/ac ATA	3.5 du/ac ATA
	Minimum greenway land:	50% ATA plus constrained land	50% ATA plus constrained land	50% ATA. plus constrained land	40% ATA. plus constrained land
Option 2: Age-restricted residential development	Maximum density (as density factor):	N/A	N/A	2.5 du/ac ATA	4 du/ac ATA
	Minimum greenway land:		40% ATA plus constrained land	40% ATA plus constrained land
Option 3: Estate lots	Maximum density (as density factor):	N/A	0.25 du/ac ATA	N/A	N/A
	Minimum greenway land:		N/A
Option 4: Country properties	Maximum density:	0.10 du/ac gross	0.10 du/ac gross	N/A	N/A
	Minimum greenway land:	N/A	N/A
Option 5: Village[2]	Maximum density (as density factor):	N/A	N/A	4 du/ac ATA	8 du/ac ATA
	Minimum greenway land:			40% ATA plus constrained land	30% ATA plus constrained land

Key to abbreviations:

ac - acre

ATA - adjusted tract area

du - dwelling unit

Min. - minimum

Max. - maximum

N/A - not applicable

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I, of the Code) to delete reference to Village Overlay Zone, which zone was repealed by Ord. No. 9-2018.

Greenway land shall be delineated to include all primary conservation areas and, in addition, sufficient secondary conservation areas that, when added to the primary conservation areas, shall equal the minimum required greenway land.

Common greens.

At least 2% to 3% of the required greenway land shall be in the form of common greens. The minimum percentage of open space in common greens shall be as follows:

Two percent of the required greenway land when the average lot size is 15,000 square feet or more.

Three percent of the required greenway land when the average lot size is less than 15,000 square feet.

In Option 5, at least 15% of the required greenway land shall consist of multiple common greens, squares or parks.

In Options 1 and 2, up to 80% of the required greenway land may be in the form of "conservancy lots" as permitted in Subsection I(1)(d). The remaining greenway land shall be owned and managed by a community association, conservation organization or the Township, in conformance with Subsection I.

Accessory dwelling units (ADUs). In Option 4, one ADU is permitted on a lot of 10 acres or larger, in addition to the density permitted in Table A above, in accordance with the following standards:

The ADU shall be located within the principal dwelling unit or in existing or new outbuildings (such as barns, stables, carriage houses, garages and springhouses).

The gross floor area of the ADU shall not exceed 900 square feet. An existing historic dwelling more than 50 years old that exceeds these floor area limits, up to a maximum of 2,000 square feet of living area, may be used as an ADU.

The ADU shall meet all the setback standards in the underlying zone, except that historic dwellings more than 80 years old shall be exempt from these requirements.

ADUs shall not count toward the density limits set forth in Table A.

Adjusted tract area (ATA) approach. Determination of the maximum number of dwelling units shall be based upon the following calculations.

Determine gross tract area. Gross tract area shall equal the acreage within the legally described parcel minus existing public or private road rights-of-way.

Determine constrained land. Constrained land consists of the resources listed in Table B in this section, multiplied by a protection factor and totaled. In the event two or more resources overlap, only the resource with the highest protection factor shall be used.

Table B
Resource	Area of Resource (acres)	Protection Factor	Constrained Land (acres)
a. Existing utility rights-of-way		x 1.0 =
b. That portion of lands under conservation easement that are restricted from further development		x 1.0 =
c. One-hundred-year floodplain		x 1.0 =
d. Wetlands		x 0.95 =
e. Prohibitive steep slopes (over 25%)		x 0.85 =
f. Precautionary steep slopes (15 to 25%)		x 0.25 =
Constrained land = Sum of a. through f. =

Determine adjusted tract area (ATA). Adjusted tract area equals the gross tract area minus the constrained land.

a.	Gross tract area	___________acres
b.	Minus constrained land (from Table B above)	- ___________acres
c.	Equals Adjusted Tract Area (ATA)	=__________ acres ATA

Maximum number of dwelling units. In Options 1, 2, 3 and 5, the maximum number of dwelling units equals the adjusted tract area (ATA) multiplied by the applicable density factor set forth in Table A.

a.	Adjusted tract area [from (c) above]	_____ac
b.	Multiply by density factor (from Table A)	x_____
c.	Equals maximum number of dwelling units	=_____du

In Option 4, the maximum number of dwelling units equals the gross tract area divided by 10 acres.

Where calculations result in fractional numbers, the fraction shall be rounded down to the next whole number.

Total number of dwelling units. The total number of dwelling units permitted on a development site equals the sum of the following, each of which shall be itemized separately in a table on the plans:

Maximum number of dwelling units permitted in Table A.

Any additional units permitted as the result of the discretionary density bonus permitted in Subsection F.

Under Option 4, accessory dwelling units permitted in Subsection D(6).

Preservation of historic dwellings. To encourage the preservation of historic dwellings, such preserved dwellings shall not count toward the maximum number of dwelling units referenced in Subsection D(7) above, provided:

Such dwellings are at least 80 years old;

The dwelling is preserved in accordance with the Secretary of the Interior standards; and

The dwelling is placed in a landscape context that respects its historical status and appearance, as determined by the Township.

Dimensional standards for Options 1 through 4.

The dimensional standards in Tables C, D and E in this section shall apply to Options 1 through 4.

[Amended 7-28-2015 by Ord. No. 3-2015]

Table C - Dimensional Standards for the R and RE Zones [Amended 6-26-2019 by Ord. No. 05-2019]
	Option 1: Conservation Subdivision	Option 3: Estate Lots (applicable only in RE Zone)	Option 4: Country Properties
Density	0.5 du/ac ATA	0.25 du/ac ATA	0.10 du/ac gross
Minimum lot area	20,000 square feet¹	40,000 square feet	60,000 square feet
Minimum lot width at building line²	80 feet	115 feet	140 feet
Minimum street frontage	20 feet (where flag lots are permitted or on cul-de-sac)	20 feet (where flag lots are permitted or on cul-de-sac)	50 feet
Minimum front yard	20 feet	40 feet	100 feet
Minimum rear yard Accessory buildings	40 feet 10 feet	50 feet 10 feet	50 feet 20 feet
Minimum side yard	5 feet 30 feet aggregate	20 feet 50 feet aggregate	25 feet
Maximum height	35 feet	35 feet	35 feet

¹	40,000 square feet shall be required for lots without public water and sewer.
²	In the case of flag lots, the building line shall be located where the lot equals the minimum width in accordance with § 360-28D(7) of Chapter 360, Subdivision and Land Development.

Table D - Dimensional Standards for the R-1 Zone [Amended 6-26-2019 by Ord. No. 05-2019]
	Option 1: Conservation Subdivision	Option 2: Age Restricted Development
Density	2 du/ac ATA	2.5 du/ac ATA
Minimum lot area	7,500 square feet	5,000 square feet
Minimum lot width at building line¹	40 feet	40 feet
Minimum street frontage	20 feet	20 feet
Minimum front yard	20 feet	20 feet
Minimum front yard with front porch, open, with steps	10 feet	10 feet
Minimum front yard with front porch, enclosed	15 feet	12 feet
Minimum setback garage, detached, front-loading	25 feet behind plane of front facade of principal dwelling	25 feet behind plane of front facade of principal dwelling
Garage, attached, side-loading	10 feet	10 feet
Garage, rear-loading	10 feet from rear service lane or alley	10 feet from rear service lane or alley
Minimum rear yard	25 feet	20 feet
Accessory buildings	5 feet	5 feet
Minimum side yard	5 feet	0 feet 15 feet aggregate
Maximum height	35 feet	35 feet

Table E.1 - Dimensional Standards for the R-2 Zone: Lot Area and Lot Width
	Option 1: Conservation Subdivision		Option 2: Age-Restricted Development
	Minimum lot area:	Minimum lot width at building line:	Minimum lot area:	Minimum lot width at building line:
SFD	5,500 square feet	40 feet	5,000 square feet	40 feet
Duplexes	2,750 square feet	30 feet	2,500 square feet	25 feet
Townhouses	2,000 square feet	20 feet	1,950 square feet	18 feet
Multiple-family	1 acre	100 feet	1 acre	100 feet

Table E.2 - Dimensional Standards for the R-2 Zone: Yards [Amended 6-26-2019 by Ord. No. 05-2019]
	Options 1 and 2
Minimum front yard:
SFD	12 feet
Duplexes	12 feet
Townhouses	12 feet
Multiple-family	25 feet
SFD, duplexes: minimum front yard with front porch, open, with steps	6 feet
SFD, duplexes: minimum front yard with front porch, enclosed	10 feet
Minimum setback garage, detached, front-loading	25 feet behind plane of front facade of principal dwelling
Garage, attached, side-loading	10 feet
Garage, rear-loading	10 feet from rear service lane or alley
Minimum rear yard	25 feet
Accessory buildings	5 feet
Minimum side yard	0 feet 15 feet aggregate
Maximum height	35 feet

Impervious cover for Options 1 through 4 shall be limited in accordance with the following table.

Table F - Impervious Cover
Lot Area (square feet)	Maximum Impervious Cover
Less than 10,000	50%
10,000 to 19,999	35%
20,000 to 43,560	20%
Larger than 43,560	Reduce limit by 1.5% for each additional acre up to a maximum impervious cover of 20,000 square feet

Design standards for Options 1 through 4.

No part of any residential lot shall encroach upon greenway land with the exception of conservancy lots, as permitted in Subsection I(1)(d) of this section.

All new dwelling units shall meet the following setback requirements:

From external road ultimate rights-of-way: 100 feet, except that this distance shall be reduced to 50 feet in the R-1 and R-2 Zones.

From all other tract boundaries: 50 feet, except that this distance shall be reduced to 25 feet in the R-1 and R-2 Zones.

From cropland or pasture land: 100 feet (not applicable to Option 4).

From buildings or barnyards housing livestock: 300 feet (not applicable to Option 4).

From active recreation areas such as courts or playing fields (not including tot-lots): 150 feet (not applicable to Option 4).

Additional design standards in § 360-41 of Chapter 360, Subdivision and Land Development, shall apply.

Discretionary density bonus. Additional density may be permitted by the Township when a public trail is provided in accordance with the following:

The applicant shall provide evidence that the proposed trail meets the goals and objectives of the Silver Spring Township Comprehensive Plan, the Silver Spring Township Official Map, or the Cumberland County Land Partnerships Open Space Preservation Plan.

For each quarter mile of public trail provided, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in Table A in this section.

The applicant shall be responsible for the installation of the public trail, constructed according to the standards in the Silver Spring Township Improvement Specifications Manual.

Greenway land: use and design standards.

Uses permitted on greenway land.

Conservation of open land in its natural state.

Agricultural and horticultural uses, including raising crops or livestock and related accessory buildings. Specifically excluded are commercial and intensive feedlot and livestock operations involving swine, poultry, mink and other animals likely to produce highly offensive odors.

Pastureland for horses used solely for noncommercial recreational purposes. Equestrian facilities shall be permitted, but shall not consume more than 50% of the minimum required greenway land.

Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.

Greens, central commons, picnic areas, community gardens, trails and similar low-impact passive recreational uses.

Active noncommercial recreation areas, such as playing fields, playgrounds, and bikeways, not requiring supporting structures. Such recreational uses shall meet the following standards:

Such areas shall not consume more than 50% of the minimum required greenway land or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels of 200 acres or larger.

Playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.

Minimum parking facilities for the same, as determined by the Township, may also be permitted. Such lots may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.

Noncommercial recreation areas, such as playing fields, courts, swimming pools or picnic areas requiring supporting structures and their parking areas, are permitted, but shall not count toward the minimum required greenway land unless dedicated to the municipality. Structures shall be de minimis to the activity. Parking areas may be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.

Audubon International Signature golf courses and their accessory facilities and parking areas, when permitted by the underlying zoning district, may comprise up to 50% of the minimum adjusted tract area of the required greenway land. This use shall not include driving ranges or miniature golf. The gross floor area devoted to sales of golf equipment, clothing, food and other similar items shall not exceed 4,500 square feet gross. Accessory facilities and parking areas shall not count toward the minimum greenway land requirement.

The total area of water supply systems, sewage disposal systems, stormwater management systems, and associated easements may occupy up to 20% of the minimum adjusted tract area required in the greenway land. The following standards shall apply:

Water supply systems.

Utility easements for waterlines may be counted toward the minimum greenway land requirement.

Land used for ground-level well structures and associated parking exceeding 5,000 square feet shall not count toward the minimum greenway land requirement.

Sewage disposal systems.

Sewage treatment lagoons, structures, structure access areas and parking lots shall not count toward the greenway land requirement.

Sewage disposal areas shall be appropriate for active or passive recreation or managed as meadows and may count towards the minimum greenway land requirement.

Absorption fields serving individual dwelling units may be located in the greenway land, but individual treatment tanks shall be located within the lots they serve.

[d]

Drainage easements for sewer lines may be counted toward the minimum greenway land requirement.

Stormwater management systems. The following stormwater management practices may be counted toward the minimum greenway land requirement, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual:

Infiltration basin, provided the berms do not exceed 36 inches in height (detention basins shall not count towards greenway land requirements), measured from the basin bottom;

Subsurface infiltration bed;

Infiltration trench;

Rain garden;

Vegetated swale;

Infiltration berm, provided the berms do not exceed 24 inches in height, measured from the inside of the berm.

Easements or rights-of-way for overhead power lines shall not count toward the minimum greenway land requirement.

Specifically prohibited are:

Motorized off-road vehicles, shooting ranges and other uses similar in character and impact, as determined by the Township. This provision shall not prohibit vehicles used for maintenance purposes.

Surface mining and quarrying.

Greenway land design standards.

Greenway land in all options shall be identified and laid out according to the four-step design process described in § 360-41 of Chapter 360, Subdivision and Land Development, which begins with the identification of primary and secondary conservation areas.

Greenway land shall be laid out in accordance with the Silver Spring Township Comprehensive Plan to ensure that, over time, an interconnected network of greenway land will be created.

In Options 1 and 2, wherein 40% to 50% of the adjusted tract area is set aside as greenway land, which may be owned by various entities, at least 20% of the adjusted tract area shall be available for the common use of the subdivision residents.

In Options 3 and 4 greenway land is permitted, but not required, except as follows: When the Township body determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, the Township may consider:

Implementation of the Silver Spring Township Cumberland County Land Partnerships Plan or Official Map;

Trails integral to children's access to schools and parks;

Impact on woodland and stream corridors; and

Impact on the Appalachian Trail.

Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, including the Appalachian Trail, a natural greenway land buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted, except as may be necessary for street or trail construction or for the removal of invasive plant species.

Where existing vegetation provides an adequate buffer, as determined by the Township, the depth may be reduced to 75 feet.

Where the buffer is unwooded, the Township may require vegetative screening to be planted or that it be managed to encourage natural forest succession through restricted mowing policies and the periodic removal of invasive plant species.

Applicants for new residential development may fulfill the public land dedication requirements in § 360-38 of Chapter 360, Subdivision and Land Development, by dedicating an equivalent amount of greenway land as public recreation land.

Additional standards.

No portion of any building lot may be used for meeting the minimum greenway land requirement, except as permitted within conservancy lots, described in Subsection I(1)(d) of this section.

Pedestrian and maintenance access shall be provided to greenway land in accordance with the following requirements:

No more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:

The width of the access strip shall equal the minimum width of a lot and in no case shall be less than 50 feet.

The access strip shall extend the full depth of the adjacent lots.

Access to greenway land used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.

Greenway land that is not wooded or farmed shall be landscaped in accordance with the landscaping requirements and greenway land management plan standards in § 360-14E(12) of Chapter 360, Subdivision and Land Development.

Greenway land: permanent protection.

Whenever the landowner is providing greenway land as part of the development, a conservation easement restricting such greenway land in perpetuity against further subdivision or development shall be executed between the landowner and the Township or a qualified land conservancy acceptable to the Township. Deed restrictions may also be used in certain applications, in accordance with Subsection H(2) below.

Conservation easements. Conservation easements are required to protect greenway lands from further subdivision and development and to conserve the natural characteristics of such lands. Conservation easements shall conform to the following minimum requirements:

Easements shall be granted to a land conservancy meeting the requirements in Subsection I(1)(c) in this section. The grantee shall have the rights of reasonable entry and enforcement.

The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.

Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.

The uses of property subject to the conservation easement shall be limited by the permitted uses defined by Subsection G of this section. The following use restrictions shall also apply:

The property shall not be further subdivided into additional building lots.

Construction shall be permitted only in areas specifically designated in the property description and approved by the Township. The determination of the need for any additional disturbance shall lie with the Township.

Permitted construction activities, including cutting and removing of trees and other vegetation, shall be permitted only in compliance with the management plan.

[d]

Signs, fencing and dumping shall be restricted in consistence with the permitted uses and management plan.

The terms and restrictions of the conservation easement shall be approved by the Township, which shall be guided by the objectives set forth in the Silver Spring Comprehensive Plan as well as the management plan for the property.

Provisions pertaining to remedies, liability, indemnification and other relevant subjects shall be approved by the grantor, the Township and the authorized representative of the grantee before final approval of the development plan by the Township.

Deed restrictions. Deed restrictions may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:

When greenway land totals five acres or less, a deed restriction may be used.

If no entity is available or willing to hold a conservation easement on required greenway land, a deed restriction may be used.

The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the Township. If the Township does not agree to be party to the restriction, no deed restriction shall be used.

Restrictions meeting Township specifications shall be placed in the deed for each lot with greenway land. The deed restriction shall ensure the permanent protection and continuance of the greenway land and shall define permitted uses.

It shall be clearly stated in the individual deeds that maintenance responsibility for the greenway land lies with the property owner.

Greenway landownership and maintenance.

Ownership options for greenway land. The following methods may be used, either individually or in combination, to own common facilities and greenway land. Greenway land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no decrease in the total greenway land. Ownership methods shall conform to the following:

Municipality.

Fee simple dedication to the Township. The Township may, but shall not be required to, accept dedication of any portion of the greenway land, provided that:

There is no cost of acquisition to the Township; and

The Township agrees to and has access to maintain such greenway land.

Dedication of easements to the Township. The Township may, but shall not be required to, accept dedication of easements for public use of any portion of the greenway land. In such cases, the facility remains in the ownership of the community association or private conservation organization, while the Township holds the easements. In addition, the following regulations shall apply:

There shall be no cost of acquisition to the Township;

Any such easements for public use shall be accessible to the residents of the Township; and

A satisfactory maintenance agreement shall be reached between the owner and the Township.

Community association. Greenway land and common 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. Community association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act[3] (as to a homeowners' association document) or the Pennsylvania Uniform Condominium Act[4] (as to a condominium association document), as the case may be. The community association document shall include, but not be limited to, the following:

A description of the common greenway land to be owned by the community association. This description shall include a plan of the proposal highlighting the precise location of all aspects of the common greenway land;

Statements setting forth the powers, duties and responsibilities of the community association, including the services to be provided;

A declaration of covenants, conditions and restrictions (declaration), giving perpetual easement to the lands and facilities owned by the community 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 community association, including voting, elections and meetings. The declaration shall give power to the community association to own and maintain the common greenway land and to make and enforce rules;

Statements prescribing the process by which community association decisions are reached and setting forth the authority to act;

Statements requiring each owner within the subdivision or land development to become a member of the community association:

Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement;

[7]

Requirements for all owners to provide a pro rata share of the cost of the operations of the community association;

[8]

A process of collection and enforcement to obtain funds from owners who fail to comply;

[9]

A process for transition of control of the community association from the developer to the unit owners;

[10]

Statements describing how the common greenway land of the community association will be insured, including limit of liability;

[11]

Provisions for the dissolution of the community association;

[12]

Agreements for the maintenance of stormwater management facilities; and

[13]

Agreements for the maintenance and operation of water supply and wastewater treatment facilities, as applicable.

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the greenway land or easements on the greenway land to a private nonprofit conservation organization or to the county, provided that:

The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the county becomes unwilling or unable to continue carrying out its functions;

The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

A maintenance agreement acceptable to the Township is established between the owner and the organization or the county.

Conservancy lots. Up to 80% of the required greenway land may be located within one or more privately owned conservancy lots of at least 10 acres, provided:

The greenway land is permanently restricted from future subdivision and development through a conservation easement except for those uses listed in Subsection G of this section.

The easement provides the Township the right, but not the obligation, to enforce these restrictions.

Management plan.

Unless otherwise agreed to by the Township, the cost and responsibility of maintaining greenway land shall be borne by the property owner, community association, or conservation organization.