Article III General Provisions

Such structures shall comply with all accessory use setbacks.

All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects.

No such pond(s) shall be used for the commercial hatching of fish or other species.

Man-made lakes, dams and impoundments. All lakes, dams, ponds and impoundments may be permitted in any zone, subject to the following:

All dams, ponds, lakes and impoundments located along and connected to a stream, that involve any of the following, shall require the obtainment of a permit from the PA DEP, Bureau of Dams and Waterways Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

The dam, pond or impoundment contains a volume of at least 50 acre feet.

The dam reaches a height of 15 feet.

The dam, pond or impoundment impounds the water from a watershed of at least 100 acres.

All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Waterways and Stormwater Management.

All dams, ponds and impoundments meeting the requirements of Subsection G(1), of this section, shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation. Furthermore, all dams, ponds and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.

All other dams, ponds and impoundments require the submission of statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one-foot above the water surface elevation occurring during the base flood.

Requirements for fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

Maintenance. All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four square foot sign shall be permitted advertising the garage/yard sale located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, except that parking may occur where permitted. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.

Accessory repair of personal motor vehicles. The routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased by the person performing such services when performed outside of a completely enclosed building within any residential zone is permitted by an occupant of the residence, but only in compliance with the following:

All vehicles shall be maintained with proper licensure.

All work shall be performed on the vehicle owner's (lessee's) property of residence.

Work shall be limited to the following:

Servicing and replacement of spark plugs, batteries, distributors and distributor parts.

Repair and replacement of tires and wheels, excluding recapping or regrooving.

Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors and engine coolants.

Repair and replacement of car radios, tape players, amplifiers and speakers.

Cleaning and flushing of radiators only when flushed into a watertight catch basin.

Repair and replacement of fuel pump, oil pump and line repairs.

Minor servicing and adjustment of carburetors.

Minor motor adjustments not involving the removal of the motor head or crankcase nor the revving of the motor.

Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating.

(j)

Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing and the application of paint sealants.

All by-product or waste fuels, lubricants, chemicals and other products shall be properly disposed of.

All such activities shall be conducted during daylight hours and so as not to disturb neighboring residents owing to noise.

No compressed-air driven tools shall be utilized.

All exterior repair, maintenance and servicing activities shall be completed within 72 hours.

Domestic pets. The noncommercial keeping of domestic pets shall be permitted as of right on any residential lot subject to the following regulations:

[Amended 5-20-2015 by Ord. No. 272]

No more than four domestic pets shall be permitted on a residential lot except as set forth in § 340-25J(2) or § 340-25J(3).

Chickens, quails, and guinea hens may be maintained on a residential lot in addition to the four domestic pets authorized by § 340-25J(1) provided that no more than four birds shall be allowed and further provided that such birds shall be for egg-laying purposes only. No roosters shall be permitted.

Temporary housing of animals and fowl commonly found as part of a 4H or similar agricultural training activity shall be allowed.

All animals and birds shall be maintained in a sanitary condition. All feces shall be removed and disposed of as frequently as necessary to prevent odors from being perceptible on neighboring lots.

Any area where domestic pets, chickens, quails and/or guinea hens are housed outside of the dwelling shall be located in a rear yard only and shall be at least 25 feet from any dwelling not located on the same lot. The area around any housing shall be enclosed by a fence designed for containment which shall be at least 10 feet from any lot line. The area shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.

The lot owner and the owner of the domestic pets, chickens, quails and/or guinea hens shall be responsible to exercise control over the domestic pets, chickens, quails and/or guinea hens and shall not allow a nuisance condition to exist in terms of excessive noise, dirt or odor.

Noise, odors, hazards. No use shall generate undue and/or extraneous noise, vibration, noxious odors, dust, fumes, air pollution or glare, or result in pedestrian-vehicular conflicts or other safety hazards to persons or property. Any use which is noxious or offensive by reason of undue and/or extraneous noise, vibration, odors, dust, fumes, air pollution or glare, or which results in pedestrian-vehicular conflicts or other safety hazards to persons or property is prohibited.

[Added 7-20-2011 by Ord. No. 248]

§ 340-26 Unenclosed storage.

Recreational vehicles, boats, campers, trailers and trucks. Within any residential zone, or upon any property used principally for residential purposes, the storage of recreational vehicles, travel trailers, trucks, boats and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements:

For purposes of this section, recreational vehicles, travel trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows:

Class I vehicles. Those recreational vehicles, travel trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

Class II vehicles. Those recreational vehicles, travel trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

The storage of one Class I vehicle shall be permitted per lot. Such vehicle shall be set back at least 10 feet from the right-of-way line and is at least five feet from any adjoining lot line. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.

[Amended 5-16-2018 by Ord. No. 281]

The storage of one Class II vehicle on a residentially zoned parcel, or a parcel used for a principal residence, is permitted, subject to the following requirements:

[Amended 5-16-2018 by Ord. No. 281]

In no case shall the vehicle contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but shall be measured to the highest point of any flybridge or other boat console.

The vehicle shall be set back a horizontal distance equal to the zone's principal use setbacks.

No vehicle shall be stored in front of the building setback line.

Screening, as described in § 340-37C of this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.

All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.

The storage or parking of any commercial vehicle, as defined in § 1603 of the Vehicle Code, is prohibited upon any residentially zoned lot or a lot used principally for residential purposes. For purposes of this section, "commercial vehicle" shall also include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or a lot used principally for residential purposes.

[Amended 5-16-2018 by Ord. No. 281]

The storage or parking of any commercial truck upon any residentially zoned lot, or lot used principally for residential purposes, is prohibited. For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot, or a lot used principally for residential purposes.

Outdoor stockpiling. In all zones, no outdoor stockpiling of any material is permitted in the front yard. In any Residential Zone, the outdoor stockpiling of materials (except firewood) for more than one year is prohibited.

Trash, garbage, refuse or junk. Except as provided in §§ 340-77 and 340-94 of this chapter, the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited.

Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.

Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

Parking and storage of unlicensed or uninspected motor vehicles. Motor vehicles without current, valid license plates or current, valid inspection stickers shall not be parked or stored in any zone other than in a completely enclosed building. The requirements of this section shall not be applicable to farm implements and other farm vehicles not normally used as a means of conveyance on public highways. Nothing contained herein shall be deemed to authorize the parking or storage of any motor vehicle in any zone, unless such motor vehicle is an accessory use to the present use of the lot. Notwithstanding the foregoing, this section, in and of itself, shall not be interpreted to prevent the unenclosed storage of motor vehicles without current, valid license plates and current, valid inspection stickers if such storage is performed in conjunction with the legal operation of a motor vehicle sales establishment, a motor vehicle service or repair establishment or a junkyard.

§ 340-27 Setback modifications.

Front setback of buildings on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 30 feet from any abutting street right-of-way line.

Accessory or appurtenant structures. The setback regulations do not apply to:

Bus shelters, telephone booths and cornices, eaves, chimneys, steps, canopies and similar extensions but do apply to porches and patios, whether covered or not.

Open fire escapes.

Minor public utility structures, articles of ornamentation or decoration.

Fences, hedges and retaining walls.

§ 340-28 Height limit exceptions.

The height regulations do not apply to the following structures or projections provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:

Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles or other similar structures.

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans and other mechanical appurtenances.

§ 340-31 Erection of more than one principal use on a lot.

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line.

In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

§ 340-29 Corner lots.

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts.

On any corner lot, no wall, fence or other structure shall be erected, altered or maintained, and no hedge, tree or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view. On corner lots, no such structure or growth shall be permitted within an area which is formed by a triangle where the two legs of the triangle extended 100 feet from the center line intersection of the two intersecting streets.

§ 340-30 Minimum habitable floor area.

All dwelling units must conform to the minimum habitable floor area following:

Single-family, duplex and townhouse dwelling units: 700 square feet per dwelling unit.

Multifamily dwellings: 400 square feet per dwelling unit.

More than one principal use may be erected on a single lot provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each structure, as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan and provide individually approved methods of sewage disposal.

§ 340-32 Required vehicular access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, as may be amended from time to time, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings shall be via driveways (See § 340-33.); access to lots containing other uses shall be via access drives (See § 340-34.).

§ 340-33 Driveway requirements (single-family dwelling).

[Amended 2-19-1997 by Ord. No. 175]

Number per lot. No more than two driveway connections per lot shall be permitted.

Driveway design. All driveways shall be designed, constructed and maintained in accordance with the Subdivision and Land Development Ordinance [Reference: Chapter 285, Article VI, § 285-27O(5)].

[Amended 10-17-2007 by Ord. No. 229]

§ 340-34 Access drive requirements (non-single-family dwelling).

[Amended 2-19-1997 by Ord. No. 175]

The design of access drives is encouraged to and whenever possible shall incorporate recognized access management practices and standards.

[Added 11-19-2008 by Ord. No. 234[1]]

Editor's Note: This ordinance also provided for the redesignation of former Subsections A through C as Subsections B through D.

Number per lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed two per lot. The Zoning Hearing Board may grant a variance for additional access points where required to meet exceptional circumstances and where frontage of unusual length exists.

Setbacks. The edge(s) of all access drives shall be set back at least:

One hundred feet from the intersection of any street right-of-way lines.

One hundred feet from any other access drive located upon the same lot (measured from cartway edges).

§ 340-35 Off-street parking requirements.

Fifteen feet from any side and/or rear property lines; however, this setback can be waived along one property line when a joint parking lot is shared by adjoining uses.

Access drive design. All access drives shall be designed, constructed and maintained in accordance with Chapter 285, Subdivision and Land Development (Reference: Article VI, § 285-27Q).

[Amended 2-19-1997 by Ord. No. 175]

Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A building is constructed or a new use is established.

The use of an existing building is changed to a use requiring more parking facilities.

An existing building or use is altered or enlarged so as to increase the amount of parking space required.

Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 340-33 of this chapter. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.

Site plan approval.

Each application for a zoning permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.

No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

All parking facilities shall be designed, constructed and maintained in accordance with Chapter 285, Subdivision and Land Development (Reference: Chapter 285, Article VI, § 285-28).

Landscaping and screening requirements. In addition to the requirements of § 340-37, the following landscaping and screening requirements shall apply to all parking lots:

Landscaped strip.

When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire streetline. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from the street R.O.W. line. The strip may be located within any other landscaped strip required to be located along a street. The following lists required width of landscape strips:

Number of Spaces in Parking Lot, Including Joint Facilities	Landscape Strip Width in Feet Measured From Street Right-of-Way Line
Less than 100	15
100 to 250	20
Over 250	25

Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 10 feet from all property lines. Such setbacks shall be used for landscape strips.

Interior landscaping.

In any parking lot containing 20 or more parking spaces (except a parking garage), 5% of the total area of the lot shall be devoted to interior landscaping. Such interior landscaping may be used, for example, at the end of parking space rows to break up rows of parking spaces at least every 10 parking spaces, and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet (or fraction) of required interior landscaping area. These trees shall have a clear trunk at least five feet above finished-grade level.

Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to insure no greater overhang.

If a parking lot of under 20 spaces is built without interior landscaping, and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.

Screening. When a parking lot is located on property which adjoins land in a residential zone, the parking lot shall be screened from the adjoining residential property.

Speed bumps.

Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes.

The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.

There shall be a warning sign posted at each entrance to a parking area having speed bumps.

In no case shall the overall height (or depth) of speed bumps exceed three inches.

Joint parking lots.

In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores.

Required parking spaces may be provided in spaces designated to jointly serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall be less than the total required separately for all such establishments or uses. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces, primarily during periods when the other use(s) is not in operation, the total number of required parking spaces may be reduced to:

That required number of spaces that would be needed to serve the use generating the most demand for parking; plus

Twenty percent of that number of required parking spaces needed to serve the use(s) generating the demand for lesser spaces.

Prohibited uses of a parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:

The sale, display or storage of automobiles or other merchandise.

Performing services (including services to vehicles).

Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.

Except in specifically designated areas, the parking of recreational vehicles as defined herein.

Lighting. All off-street parking shall be provided with adequate lighting if the facility is to be used at night.

[Added 10-17-2007 by Ord. No. 229[1]]

Reference the Subdivision and Land Development Ordinance (Chapter 285, Article VI, § 285-28 and Appendix No. 24) for lighting requirements.

Lighting facilities shall be arranged and positioned so as not to be directed, reflected, cause glare or increase the measurable light levels beyond the site boundary. Light fixtures should be utilized that direct light down and to the sides or as necessary to minimize excess light pollution (Chapter 285, Article VI, § 285-28 and Appendix No. 24 of the Subdivision and Land Development Ordinance).

§ 340-36 Off-street loading facilities.

Editor's Note: This ordinance also redesignated former Subsection H as Subsection I.

Schedule of required parking spaces. The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use:

	Type of Use	Minimum of One Parking Space for Each
	Commercial Uses
	Automobile repair, filling and washing facilities	400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage and 1 per employee on major shift
	Automobile, boat and trailer sales	1,000 square feet of gross indoor and outdoor display areas
	Carpeting, drapery, floor covering and wall covering sales	500 square feet of gross floor area
	Convenience stores	1 space per each 200 square feet of gross floor area
	Drive-through and/or fast-food restaurants	2 seats and 1 per each 2 employees
	Food markets and grocery stores	150 square feet of gross floor area for public use and 1 per each employee on 2 largest shifts
	Funeral homes	100 square feet of gross floor area, 1 per each employee, and 1 per each piece mobile equipment, such as hearses and ambulances
	Furniture sales	500 square feet gross floor area
	Hotels, motels, tourist homes	Guest sleeping room and 1 per each employee on 2 largest shifts. (Restaurants and other accessory uses shall add to this requirement.)
	Mini-warehouses	25 units plus 1 per 250 square feet of office space, plus 2 per any resident manager
	Office buildings	300 square feet of gross floor area
	Professional offices of veterinarians, physicians, dentists, etc.	6 spaces per each physician or dentist, etc.
	Retail stores or shops (except those listed above)	200 square feet of gross floor area of display area or sales area and 1 per each employee on 2 largest shifts
	Restaurants	4 seats plus 1 per each employee on largest shift
	Shopping centers or malls	182 square feet of gross leasable floor area
	Other commercial buildings	400 square feet of gross floor area
	Industrial Uses
	Industrial and heavy manufacturing establishments	2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
	Warehousing	Employee on the 2 largest shifts
	Recreation Uses
	Amusement arcades	80 square feet of gross floor area
	Athletic fields	4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of spaces to serve all users of the site, and include a fence delineating such parking area
	Bowling alleys, billiards rooms	1/4 lane/table and 1 per each 2 employees
	Campgrounds	Per campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
	Golf courses	1/2 hole, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
	Golf driving ranges	1 per tee and 1 per employee
	Miniature golf courses	1/2 hole and 1 per employee
	Riding schools or horse stables	2 stalls plus 1 per every 4 seats of spectator seating
	Picnic areas	Per table
	Skating rinks	4 persons of legal occupancy
	Swimming pools (other than one accessory to a residential development)	4 persons of legal occupancy
	Tennis or racquetball clubs	1/4 court plus 1 per employee plus 50% of the spaces normally required for accessory uses
	Residential Uses
	Single-family detached residential dwellings	1/2 dwelling unit (e.g., 2 spaces per dwelling unit)
	Duplex, townhouse or multifamily dwellings	1/3 dwelling unit (e.g., 3 spaces per dwelling). Such parking spaces can take the form of private driveways or garages and/or common parking lots, both of which must be within 150 feet of the unit served. 1/2.5 dwelling unit (e.g., 2.5 spaces per dwelling) shall be considered the minimum when a special collector street with the function characteristics as defined under in Chapter 285, Subdivision and Land Development is utilized
	Boardinghouses, group homes and bed-and-breakfasts	Bedroom
	Social and Institutional Uses
	Auditorium, banquet, conference and/or meeting facilities; church, theater and other such places of public assembly	200 square feet of gross floor area for public use, but not less than 1 space per each 3 seats
	Clubs, lodges and other similar places	200 square feet of gross floor area and 1 per each employee on 2 largest shifts
	Nursing, rest or retirement homes	3 accommodations (beds) in addition to those needed for doctors and support staff
	Hospitals, sanitariums	Spaces shall be provided for visitors, at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel
	Museums, art galleries, cultural centers, libraries	400 square feet of gross floor area
	Rehabilitation centers and clinics (without overnight accommodations)	Per each 1/6 physician, dentist and/or therapist (e.g., 6 spaces per physician, dentist and/or therapist)
	Schools below grade 10, including commercial day-care and kindergarten	6 students enrolled
	Schools, 10th grade and above, including colleges	3 students enrolled
	Vocational training and adult education facilities	1.5 students enrolled

[Amended 2-19-1997 by Ord. No. 175]

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A new use is established.

The use of a property or building is changed and thereby requiring more loading space.

An existing use is enlarged thereby requiring an increase in loading space.

Site plan approval.

Each application for a zoning permit (for use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below.

§ 340-37 Screening and landscaping requirements.

No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.

Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 100 feet of any land within a residential zone. Where possible, off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential zone.

Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel, or 15 feet wide for one way travel, exclusive of any parts of the curb and gutters. Section 340-34 specifies other requirements for access drives.

Separation from streets, sidewalks and parking lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.

Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives.

Required off-street loading facilities sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):

	Facility	Length (feet)	Width (feet)	Height (If Covered or Obstructed) (feet)
	Industrial, wholesale and storage uses	63	12	15
	All other uses	33	12	15

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected, cause glare or increase the measurable light levels beyond the site boundary (Chapter 285, Article VI, § 285-28 and Appendix No. 24).

[Amended 10-17-2007 by Ord. No. 229]

Landscaping and screening requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape strip. All off-street loading facilities shall also be screened (See § 340-37C.) from adjoining residentially zoned properties and/or adjoining public streets.

Schedule of off-street loading spaces required.

[Added 11-19-2008 by Ord. No. 234]

Type of Use	Number Spaces Per	Gross Floor Area (square feet)
Hospital or other institution	None 1.0 +1.0	First 10,000 10,000 to 100,000 Each additional 100,000 (or fraction)
Hotel, motel and similar lodging facilities	None 1.0 +1.0	First 10,000 10,000 to 100,000 Each additional 100,000 (or fraction)
Industry or manufacturing	None 1.0 +1.0	First 2,000 2,000 to 25,000 Each additional 40,000 (or fraction)
Multifamily dwelling	None 1.0 + 1.0	Less than 100 dwelling units 100 to 300 dwelling units Each additional 200 dwelling units (or fraction)
Office building, including banks	None 1.0 +1.0	First 10,000 10,000 to 100,000 Each additional 100,000 (or fraction)
Retail sales and services, per store	None 1.0 2.0 +1.0	First 2,000 2,000 to 10,000 10,000 to 40,000 Each additional 100,000 (or fraction)
Shopping centers (integrated shopping centers, malls, and plazas) having up to 25,000 square feet	None 1.0 +1.0	First 2,000 2,000 to 12,500 12,500 to 25,000
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet	1.0 +1.0	25,000 up to 100,000 Each additional 100,000
Commercial courtyards and/or main street settings within the VO Zone	None 1.0 +1.0	First 5,000 5,000 to 10,000 Each additional 10,000 (or fraction)
Theater, auditorium, bowling alley or other recreational establishment	None 1.0 +1.0	First 10,000 10,000 to 100,000 Each additional 100,000 (or fraction)
Undertaking establishment or funeral parlor	None 1.0 +1.0	First 3,000 3,000 to 5,000 Each additional 10,000 (or fraction)
Wholesale or warehousing (except mini-warehousing)	None 1.0 + 1.0	First 1,500 1,500 to 10,000 Each additional 40,000 (or fraction)

[Amended 2-19-1997 by Ord. No. 175]

Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover approved by the Board of Supervisors (e.g., grass, ivy, vetch, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to compliment other vegetative materials. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly.

Landscaping requirements.

Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture or other approved materials. Artificial plants, trees, and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.

For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. For every 300 square feet of interior landscaping required (parking lots), one shade tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.

Screening. The following materials may be used: evergreens (trees, hedges or shrubs), walls, fences, earth berms or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass or sheet metal. Screening shall be arranged so as to block the ground level views between grade and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation. Existing tree, evergreen and wooded areas may be utilized in providing a buffer area if the screening density can be proven to be equal to or better than the requirements of this section.

Selection of plant materials.

Trees and shrubs shall be typical of their species and variety; have normal growth habits, well developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

Any tree or shrub which dies shall be replaced with six months. All landscaping and screening treatments shall be properly maintained.

§ 340-38 Outdoor signs.

[Amended 2-19-1997 by Ord. No. 175]

General regulations for all signs.

Signs must be constructed of durable material and maintained in good condition.

No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible or has loose parts separated from original fastenings.

Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days.

Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.

Each sign shall be removed when the circumstances leading to its erection no longer apply.

Signs may be interior lighted with nonglaring lights, or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way.

No animated, flashing, rotating, or oscillating signs shall be permitted in any zone, with the exception of time and temperature signs not exceeding eight square feet in size, electronic message board signs subject to the requirements of § 340-38B(1)(n) of this chapter within the CC, I-1, and I-2 Zones, and electronic display screens subject to the requirements of § 340-54 of this chapter within the I-I Zone.

[Amended 10-17-2007 by Ord. No. 229]

(8)

No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lights or neon tubing.

(9)

All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.

(10)

Signs must be positioned so that they do not interfere with any clear sight triangle.

(11)

Determination of size. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting frame work or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, for a double-face sign, if the interior angle formed by the two faces of the double-face sign is less than 45° and the two faces are at no point more than three feet from one another, the area of only the larger face shall be included.

(12)

No loud, vulgar, indecent or obscene advertising matter shall be displayed in any manner including, but not limited to:

Act or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

Scenes wherein a person displays the vulva or the anus or other genitals.

Scenes wherein artificial devices are employed to depict, or drawings are employed to portray any of the prohibited signs, photographs or graphic representations described above.

Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.

(13)

No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.

(14)

No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

(15)

No sign shall be permitted which is permanently attached to public utility poles, nor trees which are within the right-of-way of any street.

(16)

No sign located within the Floodplain Zone shall exceed six square feet of area per side.

(17)

In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.

(18)

In all zones, only those signs referring directly to materials or products made, sold or displayed on the premises shall be permitted, except as otherwise noted.

Specific regulations for signs. In addition to the general sign regulations listed in the preceding Subsection A, specific regulations contained within this subsection shall also apply to all signs. For the purposes of this chapter, each sign is classified by its (A) use; and, (B) by its type of construction. Specific sign requirements are listed by use, and then by construction type; therefore, each sign must comply with those regulations specified for its classification of use, and its classification by type of construction.

Classification of signs by use. All signs shall be divided into the following types of uses and shall be subject to the specific regulations listed therewith:

Official traffic signs. No specific regulations are applied to this type of sign use when the signs are erected by or with written approval from the Township Supervisors.

Professional accessory use, or name signs indicating the name, profession or activity of the occupant of a dwelling, and trespassing or hunting or similarly restrictive signs, or signs indicating the private nature of a driveway or premises. The area on one side of such sign shall not exceed two square feet nor when attached to a building project more than six inches from a wall.

Identification signs identifying schools, churches, hospitals or similar institutions. One freestanding sign is permitted which shall not exceed 40 square feet in size. If the property fronts on two or more public streets, a second freestanding sign may be erected which shall not exceed 40 square feet in size. The maximum area for the two freestanding signs may be combined into one sign, and such single freestanding sign shall not exceed 80 square feet. One wall sign is permitted which shall not exceed two square feet per linear foot of the wall area on which the sign is to be erected, with a maximum size of 40 square feet.

[Amended 10-17-2007 by Ord. No. 229]

Temporary signs of contractors, architects, mechanics and artisans. The signs shall be displayed only while actual work is in progress, and shall not exceed 12 square feet in area; and, provided further, that such signs must be removed promptly upon completion of work. Should such sign be left on the site beyond the allowable time frame, the Township may impound it and recover a fee from the owner of the sign equal to the costs of removal and storage of the sign.

Real estate sale-sold-rent signs when placed on the property to be sold, or rented. These signs shall not exceed six square feet in area. No more than one sign per property is permitted unless the property fronts on more than one street; in which case, two signs are permitted. All such signs shall be removed within five days after final transactions are completed. No such signs shall be located off of the site.

Residential development signs. Name of a residential subdivision or neighborhood. Such sign shall not include the name of any builder, contractor, realtor or other person or business associated with the construction/sale of homes within the development; instead, only the name of the development shall be displayed. Residential development signs shall not exceed an overall size of 32 square feet, exclusive of any ornamental support structures. Only one residential development sign shall be permitted per frontage at the entrance to such development, and no more than two such signs shall be permitted per development. The combined total sign area for one or more residential development signs shall not exceed one square foot per dwelling unit within the development. The applicant shall submit a written description of the maintenance responsibilities for all residential development signs.

Home occupation signs. Signs advertising home occupations shall not be larger than 12 inches by 24 inches, and may only include the name, occupation and logotype or trade mark, if appropriate, of the practitioner.

Public use and utilities signs. Signs necessary for the identification, operation or protection of public use and public utilities are permitted so long as the general regulations of Subsection A of this section are met.

Business, commercial or industrial signs. A ground sign for a use conducted on the premises, which shall identify the written name and/or type of business and/or any trademark of an article for sale or rent on the premises, is permitted. The total sign area shall not exceed one square foot per five linear feet of lot frontage with a maximum size of 80 square feet. Only one ground sign is allowed per lot or adjoining lots occupied by the same use. If the lot's frontage exceeds 1,000 feet, one additional ground sign is permitted. One wall sign is permitted which shall not exceed two square feet per linear foot of the wall area on which the sign is to be erected, with a maximum size of 40 square feet.

[Amended 10-17-2007 by Ord. No. 229]

(j)

Functional signs, such as those designating restrooms, entrance, exit or other signs not otherwise defined or directly connected with the business or profession conducted upon the premises, but attendant or accessory thereto. Two signs per frontage used for vehicular access are permitted. Each sign shall not exceed four square feet in total sign area.

[Amended 10-17-2007 by Ord. No. 229]

(k)

Planned center signs; signs advertising the name of an integrated development such as a planned shopping center, office or apartment complex, medical center or industrial park.

[Amended 10-17-2007 by Ord. No. 229]

Only one planned center sign per street frontage is permitted. The size of such sign shall not exceed one square foot for each four feet of frontage contained along the public right-of-way. In no case shall a planned center sign exceed a maximum size of 120 square feet nor an overall height of 25 feet. Individual store fronts within a shopping center may be advertised using flat wall signs meeting all of the following standards:

	First Floor Gross Leasable Floor Area (square feet)
Sign Requirement	Under 4,000	4,001 to 8,000	8,001 to 20,000	20,001 and Over
Maximum sign length (percentage of storefront)	75%	75%	75%	75%
Maximum sign height (feet)	2.5	3	4	4.5
Maximum sign size (square feet)	50	75	100	150

If there are individual, freestanding buildings within the planned center, each building may have one freestanding sign not exceeding 25 square feet nor an overall height of 15 feet. The freestanding sign pedestal must match the building facade. Office or medical centers may advertise the individual tenants within the building at each entrance but the total sign area shall not exceed eight square feet at each entrance.

(l)

Temporary (special events) and farm-related signs and banners.

Temporary (special event) signs and banners. One such sign may be permitted per lot for one period not exceeding 30 days during any calendar year. Such signs shall be limited to a maximum of 32 square feet in total sign area.

Farm-related signs advertising produce being grown and sold on a farm may be permitted and located off site, meeting the following standards:

[a]

The farm where the produce stand is located must be a minimum of 10 acres in size.

[b]

All produce being sold on the farm must be produced by the farm where the stand is located.

[c]

The sign or signs are limited to three square feet and no more than three feet in height.

[d]

The number of off-site signs are limited to six off-site signs and must receive approval from the property owner where the sign is to be located.

[e]

A yearly permit will be required from the Township for the placement of these signs.

[f]

This provision does not include any farm that receives zoning approval for a farm occupation, farm-related business or home occupation. These uses would require approval for additional signage as part of their zoning approval.

(m)

Billboards. These signs are only permitted by conditional use in the I-1 Zone. See § 340-54 of this chapter for additional requirements.

(n)

Electronic message board signs. These signs are only permitted in the CC, I-1, and I-2 Zones. There may be only one sign per lot or per adjoining lots occupied by the same use. The sign area must be calculated as part of and must comply with the permitted square footage of the allowed sign for the designated use under § 340-38B(1)(i). The message board can only be one color up to four lines. The sign cannot be multicolored or display graphics. The sign cannot be used as a billboard advertising uses off site. The message board cannot exceed 20 square feet, must be located below the name of the business or complex, and must be part of the freestanding business or complex sign.

[Added 10-17-2007 by Ord. No. 229]

(o)

Single stores in excess of 50,000 square feet of gross floor area not located within a planned center. Only one freestanding sign per lot frontage is permitted. The size of the sign shall not exceed one square foot for each four feet of frontage contained along the public right-of-way. In no case shall the freestanding sign exceed a maximum size of 100 square feet and an overall height of 20 feet. One wall sign per public right-of-way shall be permitted. The wall sign shall have a maximum height of 4.5 feet and shall not exceed two square feet per linear foot of building frontage, with a maximum size of 150 square feet.

[Added 10-17-2007 by Ord. No. 229]

Classification of signs by type of construction. All signs shall be divided into the following types of construction and shall be subject to the specific regulations listed therewith:

Ground sign.

Any sign erected upon a permanently affixed independent structure (legs or base) so that such structure is the main support of the sign. Ground signs shall not include temporary signs that are attached to mobile trailers containing wheels and capable of being towed from one site to the next.

No ground sign shall project to a point nearer than 12 feet from the edge of a street right-of-way, (unless obstructing view, at which time further setback is required). No support for any ground sign shall be located nearer than 12 feet to any property line. Such signs shall not exceed 20 feet in height nor exceed 80 square feet in total sign area; however, planned center signs may have a maximum size of 100 square feet. Billboards, as regulated in § 340-54, are exempt from these specific requirements.

Flat wall sign.

A sign erected, or displayed on, or parallel to the surface of a building.

Flat wall signs may have a maximum area of 15% of the wall area of the wall on which the sign is to be erected.

Flat wall signs may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load; and, provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas. Flat wall signs shall not project more than 12 inches from the building wall and must be located so that the lower edge is a minimum of eight feet above grade where the sign projects from the wall more than six inches.

Wall projecting sign.

Any sign mounted upon a building so that its principal face is not parallel to the building wall.

Projecting signs shall be located upon the buildings so that the lower edge is a minimum of 10 feet above grade. Projecting signs may project a maximum of 10 feet from the building wall; provided, however, that no sign shall project to a point nearer than 12 feet from the edge of the street right-of-way.

No projecting sign shall extend more than five feet above the top of the wall upon which it is mounted, nor above the permitted structural height as listed in each zone.

Wall projecting signs may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load; and, provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas.

Roof sign.

A sign erected or displayed upon the roof of any building or structure or a wall sign, a portion of which exceeds the height of the building; however, all roof signs must comply with structural height limitations required in each zone.

No roof sign shall be placed upon the roof of any building so as to prevent the free passage from one part of the roof to the other thereof, or interfere with any openings in such roof.

No sign erected upon the roof of any building shall project beyond the edges of said roof in any horizontal direction.

Roof signs may extend above the roof, or top of wall, a distance equal to 1/2 the height of the roof or wall, or five feet, whichever is the smaller height.

[5]

Roof signs may have a maximum area of 15% of the roof or wall area to which the sign is attached.

[6]

No roof sign parallel to a building shall extend in length a distance greater than 2/3 the length of the wall to which it is parallel.

Permits.

Requirements for signs. The following signs shall be permitted without requirement of permit for erection when erected and maintained in conformity hereto:

Official traffic signs.

Residential accessory use or name signs.

Temporary signs of contractors, architects, mechanics and artisans.

Real estate sale-sold-rent-development signs.

Functional signs.

Signs within buildings, not visible from outdoors.

Personal expression signs meeting the requirements of § 340-38D

[Added 6-16-2021 by Ord. No. 296]

All other signs shall require the obtainment of a permit prior to the erection or installation of the sign. All applications for sign permits shall be accompanied by scaled plans or diagrams showing the following:

Exact dimensions of the lot, including any right-of-way lines or building upon which the sign is proposed to be erected.

Exact size, dimensions and location of the said sign on the lot or building together with its type, construction, materials to be used and the manner of installation.

Any other lawful information which may be required of the applicant by the Zoning Officer.

Application for permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.

No sign permit shall be issued except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.

Personal expression signs. Within the Agricultural Zone (A), Rural/Estate Residential Zone (RE), Conservation Zone (C), R-1 Residential Zone (R-1), R-2 Residential Zone (R-2), R-3 Residential Zone (R-3) and Mixed Use Zone (MU), the occupant of any lot containing a dwelling unit shall be permitted to erect personal expression signs in accordance with the following requirements:

[Added 6-16-2021 by Ord. No. 296]

All personal expression signs shall comply with § 340-38A.

The total square footage of personal expression signs on the lot shall not exceed 36 square feet.

No personal expression sign other than a personal expression sign made of fabric displayed on a flag pole may exceed five feet in height.

No single personal expression sign may exceed 12 square feet.

No personal expression sign may be located within a required side yard or rear yard setback.

No permanent structure may be installed to serve as a base or mount for a personal expression sign other than a flagpole meeting all setback requirements and which shall have a maximum height set by § 340-28A.

§ 340-40 Zoning requirements for use of onlot sewage disposal systems.

All personal expression signs shall be set back at least five feet from the public street right-of-way.

(8)

No personal expression sign may be located within the clear sight triangle for any driveway serving an adjoining lot.

(9)

No personal expression sign my be illuminated.

§ 340-39 Roadway classifications.

[Amended 10-17-2007 by Ord. No. 229]

For the purposes of this chapter, the Township's roads shall be classified in the following categories:

Arterial Roads	Collector Roads	Local Roads
Furnace Hills Pike Lititz Pike Newport Road Oregon Pike Rothsville Road U.S. Route 222	Becker Road Brunnerville Road Clay Road Highlands Drive Lexington Road Millport Road Orange Street Owl Hill Road Peters Road West Lincoln Avenue Woodcrest Avenue	All roads not listed as arterials or collectors

[Amended 2-19-1997 by Ord. No. 175]

As of the effective date of this chapter, all future uses that rely upon onlot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed or trench) and another alternate disposal site. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction and other activities that would result in disturbance of the soils' ability to renovate sewage effluent, until such time as the alternate field is activated due to malfunction of the initial disposal site.

Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwaters. Such determinations will be made by the PA DEP through its sewer module review process. In the Agricultural Zone (A) where a maximum lot area is imposed on lots for single-family dwellings, the maximum lot area shall not be exceeded. Any land in excess of the maximum lot area required to insure an acceptable level of nitrate-nitrogen in the adjoining groundwaters shall be provided through the use of a plume easement over the remainder of the parent tract. All plume easements shall be in a form acceptable to the Township Solicitor, and the landowner shall present evidence that the documentation for the plume easement has been recorded before the Township shall issue a zoning permit for such lot.

Every use relying upon onlot sewage disposal systems shall be required to properly maintain and repair such systems.

§ 340-41 Permanent/temporary occupancy requirements.

No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper or motor home. However, temporary occupancy of a tent, travel trailer, camper or motor home shall be permitted within an approved campground or for periods of up to seven days in any calendar year on the property of a friend or relative.

§ 340-42 Operations and performance standards.

[Amended 11-19-1997 by Ord. No. 178; 7-20-2011 by Ord. No. 248]

In addition to any other standards and criteria set forth in this chapter, all uses shall comply and operate in accordance with all federal and state statutes, rules, and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources. No use shall generate undue and/or extraneous noise, vibration, noxious odors, dust, fumes, air pollution or glare, or result in pedestrian-vehicular conflicts or other safety hazards to persons or property. Any use which is noxious or offensive by reason of undue and/or extraneous noise, vibration, odors, dust, fumes, air pollution or glare, or which results in pedestrian-vehicular conflicts or other safety hazards to persons or property, is prohibited. Where applicable, all necessary permits or other written approvals must be obtained from all other governmental agencies before any permits may be granted by the Zoning Officer.

§ 340-43 Restricted and common open space requirements.

[Amended 2-18-2009 by Ord. No. 237; 8-21-2019 by Ord. No. 287]

In those instances where restricted or common open space is required elsewhere in this chapter, or when an applicant proposes the use of restricted or common open space where not otherwise required, such restricted or common open space shall comply with the following provisions to the extent applicable.

Open space resource protection. The location of restricted or common open space shall take into consideration the resource protection and open space recommendations relevant to Warwick Township from Impact 2017, the Joint Comprehensive Plan Update for Warwick Township, Elizabeth Township, and Lititz Borough including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended. During the conditional use review process, for a development requiring conditional use approval, the Board of Supervisors shall be satisfied that the applicant has incorporated the following resources into the restricted or common open space to the fullest extent practicable:

Stream channels, floodplains, wet soils, swales, springs and other lowland areas, including adjacent buffer areas required to ensure their protection.

Important natural habitat, as defined in § 340-10 of this chapter.

Slopes of 15% and greater, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.

Woodlands and tree masses, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.

Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.

Hedgerows, groups of trees, large individual trees of botanical significance, and other vegetation features representing the site's rural past.

Class I, II and III agricultural soils as defined by the USDA Natural Resource Conservation Service.

(8)

Historic structures and sites.

(9)

Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).

(10)

Existing trails connecting the tract to other locations in the Township.

Open space designation and use.

The location and layout of restricted or common open space shall be configured so as to serve residents adequately and conveniently and to promote adherence to the resource protection standards in § 340-43A of this chapter, and shall further conform to the following conditions:

Where any sewage treatment or disposal facility or area exceeds 25% of the gross tract area, that area in excess of 25% of the gross tract area may not also be used to satisfy minimum restricted open space requirements.

Where any area devoted to golf or noncommercial recreation exceeds 25% of the gross tract area, that area in excess of 25% of the gross tract area may not also be used to satisfy minimum restricted open space requirements.

No portion of the designated open space shall be measured as contributing to the minimum required restricted or common open space area where it:

Is within 25 feet of any residential structure except historic structures;

Is occupied by any parking area or any nonresidential structure, except historic structures and accessory parking and other structures or parking devoted to permitted agricultural or noncommercial recreational use(s) and any additional parking requested by the Township for any purpose;

Extends less than 50 feet in the narrowest dimension at any point; or

Comprises stormwater management facilities, except that areas devoted to stormwater management facilities may be included within the minimum required restricted open space area where the applicant can demonstrate to the satisfaction of the Township Engineer and the Township that such facilities are designed to:

[a]

Promote recharge of the groundwater system;

[b]

Be available and appropriate for active or passive recreational use or scenic enjoyment; and

[c]

Otherwise conform to the purposes, standards, and criteria for open space set forth in this article. By way of illustration only and without adversely affecting the purpose of this zone, a long low berm graded to reflect natural contour could be designed to: 1) blend into the scenic landscape; 2) permit passive recreational use over the top of it; while 3) providing a relatively large linear area for seepage of stormwater into the groundwater system.

Restricted or common open space shall be interconnected with such open space areas on abutting parcels wherever possible to promote the establishment of an interconnected and continuous network of open space, and shall include, where appropriate, provisions for pedestrian pathways for general public use to create linked systems within the Township.

Use of open space. Areas designated for restricted or common open space purposes, regardless of ownership, may be used for any of the following:

Conservation of open land in its natural state (e.g., woodland, fallow field, or managed meadow).

Agriculture, as permitted in the underlying zone, but excluding the addition of one single-family detached dwelling as permitted by § 340-11B of this chapter.

Forestry, if conducted in compliance with a timber harvesting plan approved by the State Department of Forestry or any successor agency. A copy of the approved plan shall be submitted to the Township prior to any timber harvesting activity within the open space.

Public, common, or private green, park or noncommercial outdoor recreation area.

Golf courses, subject to the provisions set forth in § 340-73 of this chapter.

Stormwater management facilities, subject to the provisions of measurement of minimum required open space specified in Subsection B(1)(c) above.

Where stormwater management facilities are located within restricted or common open space, easements satisfactory to the Board of Supervisors shall be established to require and enable the maintenance of such facilities by the appropriate parties.

Easements for drainage, access, utilities, sewer or waterlines, or other public uses.

Structures principally used for any of the above-permitted open space uses, subject to compliance with any applicable limitations on measurement of minimum restricted or common open space. The size of any structure proposed for open space as permitted by this subsection is subject to review and approval of the Board of Supervisors as part of any conditional use approval, and shall not result in removal of, or impacts to, any natural or cultural resources which have been specifically protected through the restricted or common open space design.

The use of restricted or common open space for recreational or other use of all-terrain vehicles (ATVs), four-wheel drive vehicles, and motorcycles, and for rifle ranges is specifically prohibited.

As a condition of approval, the Township may require that restricted or common open space areas be provided with sufficient perimeter parking and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic, and containing appropriate access improvements.

Open space shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect open space resources.

Standards for ownership of restricted or common open space. The following ownership options are provided for restricted or common open space:

Common interest ownership community association. The restricted open space land and associated facilities may be held in common ownership in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq. A unit owners' association or a master association under ones of those acts (the "association") shall be formed. The association shall be operated under the following provisions:

The developer shall provide a description of the association including its bylaws and proposed means of maintaining the open space. The developer shall further provide satisfactory proof of adoption of the association bylaws and copy of all declaration(s) of covenants, easements, restrictions or similar document(s) regulating the use and maintenance of the property.

The association shall be organized by the developer and operated with financial subsidization by the developer before the sale of any lots within the development.

Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified.

The association shall be responsible for maintenance of and insurance on common open space land and any permitted improvements thereon, enforceable by liens placed by the association. The Township has the right, but not the obligation, to enforce maintenance of common open space land and may place liens to recover its costs. Any governmental body or municipal authority with jurisdiction in the area where the development is located may place liens on the owners of the lots subject to membership in the association and/or the open space to collect unpaid taxes and other municipal claims.

The members of the association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the association declaration and bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair and replacement of any capital facilities (which shall be deposited in a sinking fund specifically reserved for such purposes).

In the event of a proposed transfer, within the methods permitted by this chapter, of common open space land by the association, or of the proposed assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development within 15 days of the proposed transfer, or such longer time as may be required by the respective common interest ownership act or community documents.

The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the common open space land.

The association may lease open space lands to any other qualified person, or entity, for operation and maintenance of such lands, but such a lease agreement shall provide:

That the residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow);

That the common open space land to be leased shall be maintained for the purposes set forth in this chapter; and

That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or the association, as the case may be.

The lease agreement shall be subject to the approval of the Board of Supervisors, and any transfer or assignment of the lease shall be further subject to the approval of the Board of Supervisors. All lease agreements shall be recorded with the Recorder of Deeds of Lancaster County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Secretary of the Township.

(j)

All association documentation shall be reviewed and approved by the Board of Supervisors and the Township Solicitor and shall be recorded in the Office of the Lancaster County Recorder of Deeds prior to the conveyance of any units or lots to third parties. The association documentation shall include such provisions as are deemed necessary to protect the public health, safety and welfare and shall require that the association be responsible for the long-term operation and maintenance of postconstruction stormwater management ("PCSM") best management practices ("BMPs"). The association shall continuously designate a person and provide the Township with the identity and contact information for such person who shall be authorized to execute documentation concerning PCSM BMPs including, but not limited to, a notice of termination as required by the Pennsylvania Department of Environmental Protection or any successor agency. The association shall also continuously designate and contract with a private consultant experienced in the long-term operation and maintenance of PCSM BMPs to perform the required operation and maintenance. The association documentation shall require the association to indemnify and hold the Township harmless with respect to the use of common open space and restricted open space as defined in this chapter.

(k)

Any costs accrued on the part of the Township in regard to the administration, review or approval of any required activities of the association shall be reimbursed by the association within 10 days after written demand by the Township. Upon failure of the association to pay such costs by the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof. All such costs, including court costs and attorney fees, shall constitute a municipal lien and be enforceable as such against the association and shall apply, pro rata, against all lot or unit owners who are members of the association, in addition to applying to any affected open space.

Lease option. The Township, county, association, or qualified private conservation organization, as the case may be, may permit all or portions of the open space lands to be leased for an agricultural use or other permitted conservation use identified in Subsection B(2) of this § 340-43, conditioned on the following:

Appropriate lease agreements between the title holder and the farmer concerning the permitted farming practices; and

Use of the land shall comply with the standards and criteria for permanently protected open space as provided in this chapter in the event farming practices cease.

Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:

There is no cost of acquisition to the Township;

The Township agrees to and has access to maintain such facilities; and

Where improvements exist on the property, the Township may require the posting of financial security to ensure the structural integrity of said improvements as well as the proper functioning of said improvements for a term and for an amount satisfactory to the Township.

Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of restricted open space land, title of which is to remain in common ownership by the condominium or homeowners' association, as applicable.

Transfer of easements to a private or public conservation organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purposes it is to conserve open space and/or natural resources, provided that:

The organization is acceptable to the Board of Supervisors and is a bona fide conservation organization with perpetual existence;

The conveyance contains appropriate provision for proper reverter or retransfer subject to the approval of the Township in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

A maintenance agreement acceptable to the Board of Supervisors is entered into by the developer and the organization.

Private ownership of restricted open space.

Subject to approval by the Board of Supervisors as a condition of approval, restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space in this chapter.

All or portions of the designated restricted open space, where permitted by the Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.

Maintenance of open space and common facilities. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization as outlined in this § 340-43D.

Required open space management plan. All applicants for development where restricted or common open space is required by this chapter shall provide a plan for the long-term management of the restricted or common open space which is to be created as part of the development, including maintenance and operation of any stormwater management or any other common facilities which may be located within areas of restricted or common open space.

Open space management plan information. Such a plan shall include a narrative discussion of the following items:

The manner in which the restricted or common open space and any facilities included therein will be owned and by whom it will be managed and maintained;

The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted or common open space, including conservation plan(s) approved by the Lancaster County Conservation District where applicable;

The professional and personnel resources that will be necessary in order to maintain and manage the property;

The nature of public or private access that is planned for the restricted or common open space; and

[5]

The source of money that will be available for such management, preservation and maintenance on a perpetual basis.

At the time of conditional use application for a development requiring conditional use approval, the applicant shall provide a conceptual open space management plan (COSMP) with sufficient detail to demonstrate feasible compliance with the provisions required under this section.

For uses where conditional use approval is not required, the applicant for preliminary subdivision or land development plan approval shall provide a COSMP with sufficient detail to demonstrate feasible compliance with the provisions required under this section.

At the time of final subdivision or land development plan application, the applicant shall provide the final draft open space management plan incorporating any comments or conditions applied to the COSMP. The Board of Supervisors may require that the final open space management plan be recorded with the final subdivision and land development plans in the office of the Recorder of Deeds of Lancaster County.

The Board of Supervisors may require as a condition of subdivision and/or land development approval that appropriate management contracts be established and submitted as evidence of the ability to adhere to the provisions of the approved open space management plan.

In order to allow for the changing needs inherent in the perpetual management of land, the open space management plan shall contain a provision to the effect that it may be changed by written application to and approval by the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld so long as:

The proposed change is feasible and is consistent with the purposes of preservation of open space set forth in this section and with the approved subdivision and land development plans; and

The plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.

Provisions for maintenance of restricted or common open space.

In the event that a homeowners' association, condominium, any successor organization, or any owner of the open space shall, at any time after establishment of a development containing open space land, fail to maintain such land in reasonable order and condition in accordance with the development plan, the open space management plan and/or association or condominium documents as applicable, the Township may serve written notice upon the owner of record, and any other responsible party setting forth the manner in which the owner of record has failed to maintain the open space land in reasonable order and condition.

Failure on the part of a homeowners' or condominium association to adequately maintain the open space land in reasonable order and condition shall constitute a violation of this chapter. The Township is hereby authorized to give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 20 days.

Upon default by any owner, homeowners' association, conservation organization, or other person or entity responsible for maintenance of restricted or common open space and/or associated facilities, where such maintenance is required under the terms of the open space management plan, homeowners' association or condominium documents, any subdivision and/or land development plan for the property, the zoning approval for the property, or under any applicable requirements of any Township ordinances, permits or approvals, or under any other governmental laws, regulations, permits or approvals or where such maintenance is otherwise necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated to, take the following actions and shall have the following rights and remedies:

Upon 30 days' advance written notice to the person, association or entity responsible for such maintenance (or any such lesser period as may be specified in the notice in instances of emergency) and the failure of the responsible individual, entity or association within such thirty-day period (or such lesser period in the event of an emergency) to perform the necessary maintenance and otherwise remedy the condition set forth in the Township's notice, to enter upon the open space, accessing the same through any other lands of such entity, association or individual as may be necessary, to perform such maintenance and take any other action necessary to correct the condition provided in the Township's notice.

Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the responsible individual, entity or association within 10 days after written demand by the Township. Upon failure of the responsible entity, association or individual to pay such costs by the time required, there shall be added thereto a penalty of 25% of such costs as well as all costs and expenses incurred by the Township in collection thereof.

[a]

All such costs of maintenance, remediation, notices, and collection, including court costs, penalties and attorney fees, shall constitute a municipal lien and be enforceable as such against the responsible entity, individual or association.

[b]

Such lien shall extend to all property of such individual, entity or association within the development containing the affected open space.

[c]

In the case of an association, such lien shall apply, pro rata, against all lot or unit owners who are members of the association, in addition to applying to the affected open space.

Any other action deemed appropriate by the Township including proceedings for equitable relief.

Open space performance guarantees. Where intended as common or public amenities, all landscape improvements, plantings, accessways, and recreational facilities within designated open space areas shall be provided by the developer. Financial security in a form and content acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by the Warwick Township Subdivision and Land Development Ordinance[1] and the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See Ch. 285, Subdivision and Land Development.

§ 340-44 Required traffic impact study standards.

Editor's Note: See 53 P.S. § 10101 et seq.

[Amended 6-7-1995 by Ord. No. 168; 2-19-1997 by Ord. No. 175]

All uses requiring a traffic study shall provide a study prepared by a professional engineer or traffic engineer, with demonstrable expertise in traffic, with the following minimum considerations: All such traffic studies shall be prepared in accordance with, and subject to, the requirements established in Chapter 285, Subdivision and Land Development (Reference: Article IV, § 285-14).

§ 340-45 Transferable development rights.

[Amended 12-17-1997 by Ord. No. 179; 4-4-2001 by Ord. No. 199]

Purpose. In accordance with §§ 603(b)(5), 603(c)(2.2), 605(4) and 619.1 of the Act, this section establishes procedures by which transferable development rights are granted, conveyed, applied and recorded to preserve the Township's valuable farmland and agricultural landscape and economy.

Granting of transferable development rights within the sending tract.

Except as noted below, every lot within the Agricultural Zone (A) which on the effective date of this chapter (August 30, 1993) contains a farm (as defined herein), is granted one transferable development right for each two gross acres contained therein. Should a lot containing a farm (as defined herein) which was not classified as part of the Agricultural Zone (A) on the effective date of this chapter, be subsequently rezoned to the Agricultural Zone (A), that farm will be granted one transferable development right for each two gross acres contained therein on the effective date of the rezoning.

TDRs are not granted to:

Portions of lots owned by or subject to easements (including, but not limited to, easements of roads, railroads, electrical transmission lines and water, gas or petroleum pipelines) in favor of governmental agencies, utilities and nonprofit corporations.

Land restricted from development by covenant, easement or deed restriction) with the exception of preferential tax assessments), unless and until such time as said covenant, easement or restriction is dissolved or rescinded. In the event said covenant, easement or restriction is dissolved or rescinded, such land shall be eligible for issuance of transferable development rights.

Obligation of landowner to convey transferable development rights. The conveyance of TDRs is accomplished solely on a voluntary basis. Landowners are in no way compelled to convey their TDRs. If conveyances occur, they shall be accomplished according to § 340-45E of this article. Unconveyed TDRs may be transferred with land sold, donated or devised.

Value of transferable development rights. The monetary value of TDRs is completely determined between the seller and buyer.

Process of conveyance of a transferable development right from the sending tract. Transferable development rights granted § 340-45B of this article may be sold and/or donated to any party, subject to the following:

Application materials. Application shall be made on a form developed for and by the Township which shall be signed by the transferor and the transferee. Along with said application form, the following shall be submitted:

A metes and bounds description of the sending tract from which the TDRs will be transferred and a plot plan or survey thereof, showing total acreage of the sending tract; areas of the sending tract subject to easements in favor of governmental agencies, utilities and nonprofit corporations; areas of the sending tract restricted against development by covenant, easement or deed restriction; and any area of the sending tract devoted to nonfarm use.

If the proposed conveyance entails less than all of the TDRs attributable to the sending tract, the portion of the sending tract from which the TDRs are transferred shall be clearly identified on a plan of the entire sending tract, drawn to scale, the accuracy of which shall be satisfactory to the Township. Such plan shall also include a notation of (1) the number of TDRs attributable to the entire sending tract, (2) the number of TDRs attributable to the identified portion of the sending tract from which the TDRs are to be transferred, and (3) the number of TDRs which remain available to the remaining portion of the sending tract.

A title search of the sending tract from which the TDRs will be conveyed sufficient to determine all owners of the sending tract and all lienholders.

A copy of the proposed deed of transferable development rights and a copy of the proposed declaration of restriction of development, as regulated by § 340-45F of this chapter.

Review, endorsement and recording of conveyance.

Upon receipt of a complete submission as required above, the Zoning Officer shall determine the number of TDRs which shall be permitted to be conveyed from the sending tract. The Zoning Officer shall also determine, with the advice of the Township Solicitor and/or the Township Engineer, the sufficiency of (1) the plan indicating the portion of the sending tract restricted from future development if the TDRs from less than the entire sending tract shall be conveyed, (2) the declaration of restriction of development, and (3) the deed of transferable development rights. The Zoning Officer shall inform the transferor and transferee of the development rights of his/her determination in writing. Any appeals from the determination of the Zoning Officer shall be made in accordance with the provisions of § 340-121E of this chapter.

Upon receipt of written approval by the Zoning Officer, as provided in § 340-45E(2)(a), the transferor and transferee may present the Township with the deed of transferable development rights for endorsement as required by § 619(1)(c) of the Act. No deed of transferable development rights shall be so endorsed until the Township is presented with evidence that the declaration of restriction of development has been approved by the Township and has been recorded with the Lancaster County Recorder of Deeds. In lieu of presentation of proof of recording the declaration of restriction of development, the fully executed declaration of transferable development may be presented to the Township when the deed of transferable development rights is presented for endorsement and the Township, at the applicant's expense, shall record both documents.

Use of property after conveyance of transferable development rights is approved. The owner conveying TDRs from the sending tract shall, by the declaration of restriction of development, perpetually restrict the use of the sending tract or the portion thereof from which TDRs are conveyed. Such declaration of restriction of development shall be in a form approved by the Township Solicitor and shall restrict future use of the sending tract or the applicable portion thereof to agriculture as the principal use and any accessory agricultural uses as permitted by this chapter.

All declarations of restriction of development shall designate the Township as a beneficiary of the restrictions imposed upon the sending tract. Such restrictions shall be enforceable by the Township. The Township shall hold the rights granted by the declaration of restriction of development as trustee for all of the residents of the Township in recognition of the right of the people to the preservation of the natural, scenic, historic and aesthetic values of the Township and in further recognition of the fact that these resources are the common property of the residents of the Township, including generations yet to come.

Land from which TDRs have been conveyed shall continue to be owned, subject to said restrictions by the landowner, his/her/its heirs, executors, administrators, successors and/or assigns.

If the TDRs are to be conveyed from less than the entire sending tract, the plan prepared in accordance with § 340-45E(1)(b) above shall be attached to and recorded with the declaration of restriction of development. All owners of the sending tract from which TDRs are conveyed shall execute the declaration of restriction of development. All lienholders of the sending tract shall execute a joinder and/or consent to the declaration of restriction of development.

Application of transferable development rights. TDRs may only be used in the following Township receiving areas: in the Campus Industrial Zone (I-2) to increase permitted lot coverage and height, and in a housing-for-older-persons development within the R-3 Residential Zone (R-3) to increase maximum density for multiple-family dwellings. When TDRs have been acquired by the transferee for the purpose of assignment to lands within a receiving area, the following shall apply:

[Amended 2-18-2009 by Ord. No. 237; 10-19-2016 by Ord. No. 278]

Effect of assignment of transferable development rights.

For each TDR that is approved for conveyance according to § 340-45G(2) and (3) and § 340-45E(2) to increase permitted lot coverage in the Campus Industrial Zone (I-2), the transferee is entitled to an increase in permitted lot coverage of 4,000 square feet, up to a maximum lot coverage of 70% as regulated by § 340-19G of this chapter.

For each TDR that is approved for conveyance according to § 340-45G(2) and (3) and § 340-45E(2) to increase density of multiple-family dwellings in a housings for-older-persons development within the R-3 Residential Zone (R-3), the transferee is entitled to an increase in the maximum permitted density of multiple-family dwellings in a housing-for-older persons development of one multiple-family dwelling unit per acre, up to a maximum of 14 dwelling units per acre as regulated by § 340-108.1F of this chapter.

For each TDR that is approved for conveyance according to § 340-45G(2) and (3) and § 340-45E(2) to increase the height of a hotel or office building within the Campus Industrial Zone (I-2), the transferee is entitled to an increase in height from 45 feet to a maximum of 65 feet as regulated by § 340-19J(3) of this chapter. The burden of proof shall be upon the applicant to demonstrate that the applicant is acquiring the same number of TDRs which would be required if the portion of the structure constructed above 45 feet were constructed within the forty-five-foot maximum height.

Application materials. Along with those materials required by § 340-45E, the transferee shall submit:

A preliminary subdivision and/or development plan, prepared in accordance with the latest version of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick. The preliminary plan must indicate 1) that TDRs are to be used; 2) the base permitted lot coverage allowed for the site or the permitted height of a proposed hotel or office building within the site with respect to the Campus Industrial Zone (I-2), or the maximum density of multiple-family dwellings per acre allowed for the site with respect to a housing for older persons development in the R-3 Residential Zone (R-3); 3) the proposed lot coverage of the site, the proposed height of the hotel or office building, or the proposed density of multiple-family dwellings, as applicable; and 4) the number of TDRs to be applied to the site.

[Amended 10-19-2016 by Ord. No. 278]

An agreement of sale for the TDRs between (1) the owner of the sending tract to which TDRs have been granted, or the owner of TDRs which have been previously severed from a sending tract, as evidenced by a recorded deed of transferable development rights, and (2) the owner of the tract proposed to be developed with the TDRs. The agreement may be contingent upon approval of a final subdivision or land development plan for the tract to which the TDRs are to be conveyed.

If the use of TDRs which were previously severed from a sending tract is proposed, a title search of such previously severed TDRs.

Review, approval and recording of transferable development rights applied to lands within a receiving area. In addition to those procedures set forth in Subsection E(2), the following shall apply to proposed developments that rely upon TDRs:

No final plan for any subdivision or land development which utilizes TDRs shall be executed on behalf of the Township until the Township has been presented with a copy of the recorded deed of transferable development rights and the recorded declaration of restriction of development with the customary recording information of the Office of the Recorder of Deeds of Lancaster County clearly endorsed thereon. In lieu of presentation of proof of recording the declaration of restriction of development and the deed of transferable development rights, the fully executed declaration of restriction of development may be presented to the Township with the deed of transferable development rights for endorsement, and the Township, at the applicant's expense, shall record both documents and then shall execute and, if applicant so desires, at applicant's expense, shall record the final plan.

Public acquisition of transferable development rights. The Township may purchase TDRs and may accept ownership of TDRs through transfer by gift or devise. All such TDRs may be resold or retired by the Township. Any such purchase, gift or devise shall be accompanied by a declaration of restriction of development as specified in § 340-45F of this chapter.

Transfers of TDRs in gross. TDRs may be transferred in gross by the owner of a sending tract to an organization which possesses a tax exempt status under § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] and which has as its primary purpose the preservation of land for historic, scenic, agricultural or open space purposes or to the Lancaster County Agricultural Preserve Board. If such an organization or the Preserve Board purchases or acquires TDRs by gift or otherwise, the organization or the Preserve Board shall be entitled to resell such TDRs only if the proceeds from the sale of the TDRs are used to purchase TDRs from other lands within Warwick Township.

Reservation of Township rights. The Township reserves the right to amend this chapter in the future, and the Township expressly reserves the right to change the manner in which the number of TDRs shall be apportioned to a sending tract, the manner in which TDRs may be attached to land within the receiving area, the locations of the sending tracts and the receiving areas, and the procedure by which TDRs can be conveyed. The Township further expressly reserves the right to terminate its TDR program at any time. No landowner or owner of TDRs shall have any claim against the Township for damages resulting from a change in this chapter relating to the regulations governing the apportionment, transfer and use of TDRs or the abolition of the TDR program. If the TDR program is abolished by the Township, no developer may attach TDRs to any tract in the receiving area after the effective date of the ordinance abolishing the TDR program unless an application in conformity with the provisions of this chapter was filed prior to the effective date of such ordinance.

§ 340-46 Flag lots.

[Amended 5-20-2015 by Ord. No. 272; 6-16-2021 by Ord. No. 296]

Within the A, RE, C, R-1, and MU Zones, the use of flag lots is permitted by right, subject to the following standards:

Flag lots shall be created for and developed only with single-family dwellings.

Flag lots are only permitted for a tract of land that has limited street frontage but does have sufficient area for additional lots that could result in an improved subdivision design.

Flag lots are not permitted in a subdivision where a street could reasonably be designed to serve lots meeting the minimum lot width requirements.

Flag lots may be permitted when such design will enable the preservation of an important natural or cultural features which would otherwise be disturbed by conventional design, as approved by the Board of Supervisors during the subdivision approval process.

A flag lot contains two parts: the flag pole which is the part that accesses the lot, and the flag which is the part that is the location of the permitted structures.

The flag pole shall meet the following requirements:

The flag pole shall only be used for the access lane and stormwater facilities dealing with the access lane.

The flag pole shall be a minimum of 25 feet wide at the public right-of-way and extend back at least 60 feet to the flag.

A flag pole of twenty-five-foot width can serve up to four flag lots.

A flag pole serving more than one lot shall have a driveway of at least 16 feet wide.

The edge of a driveway on a flag pole shall maintain a minimum of five feet from an adjoining property line.

No flag pole can be longer than 500 feet.

No flag pole can be closer than 200 feet to any other flag pole.

A flag shall meet the following requirements:

The flag can only be used for one single-family dwelling and permitted accessory structures.

The minimum lot width requirement will be met at the portion of the flag parallel to the street.

§ 340-46.2 Demolition, removal or relocation of historic structures.

All setback requirements of the zone that the flag is located on shall be met.

§ 340-46.1 Historical record.

[Added 10-17-2007 by Ord. No. 229]

If deemed necessary by the Township's historic inventory, an applicant for any permit or approval shall prepare and provide the Township with an historical record meeting the requirements of this section for any site or property that is proposed to be subdivided or developed. Any historical features (e.g., buildings, cemeteries, etc.) or existing conditions that are over 50 years old and are proposed to be removed or altered shall be documented by the historical record. The historical record shall include photographs of the feature(s), a record of the current and previous ownership of the property, and other means as necessary to document historical and cultural value. Any proposed action involving an historic cemetery shall comply with all relevant Pennsylvania laws and/or regulations, including but not limited to Act 22 of 1994, also known as the "Historic Burial Places Preservation Act," 9 P.S. § 211 et seq. Prior to demolition, consideration should be given to the potential for adaptive reuse of the historical feature. Applicants are encouraged to meet jointly with Township staff and the Lancaster County Planning Commission's Historic Preservation Specialist to discuss available opportunities. If demolition is deemed necessary, consideration should be given to the salvage of reusable building materials.

[Added 6-16-2021 by Ord. No. 296]

Purposes. This section implements Sections 603(b), 603(g), 604(1) and 605 of the Pennsylvania Municipalities Planning Code,[1] which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value. It is the further purpose of this section to encourage the continued use of historic properties and to facilitate their appropriate rehabilitation and adaptive reuse.

Editor's Note: See 53 P.S. §§ 10603(b), 10603(g), 10604(l) and 10605.

Demolition, removal or relocation. The following shall apply to all historic structures.

General requirement. All historic structures shall not be demolished in part or in whole or be removed or relocated without first obtaining conditional use approval for the demolition and, if conditional use approval is granted, obtaining a Township demolition permit. A partial demolition shall include, but not be limited to, removal of an attached porch roof, removal of porch columns, and removal of architectural features.

Exceptions. Conditional use approval shall not be needed for the following:

Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the historic structure and that are not visible from a public street (not including an alley).

Removal of features that were added less than 60 years previously, such as a modern porch or aluminum siding or carport.

Application procedures. In addition to meeting the conditional use application requirements in § 340-131, a conditional use application under this section shall include the following:

A site plan drawn to scale, showing the specific location of the historic structure proposed to be demolished, removed or relocated and its relationship to adjacent property lines and all other buildings, structures and improvements (such as sidewalks, driveways, parking areas, landscape beds, mature trees) and the general topography of the property. In addition to the location of the historic structure(s) to be demolished, removed or relocated, the site plan shall include a separate sheet showing the proposed future use of the lot, including any proposed buildings and a scaled elevation/facade drawing of the proposed use/structure.

An explanation of why the historic structure is being considered for demolition, removal or relocation. The application shall include an evaluation by a qualified historic preservation professional of the historic and/or architectural significance of the historic structure.

Proposed use for the property or portion thereof from which the historic structure will be demolished, removed or relocated and a time line for the implementation of the proposed use (including other local, county, state and federal approvals).

Photographs of the interior and exterior of the historic structure proposed to be demolished, removed or relocated.

If the applicant is seeking approval for demolition of the historic structure based upon the condition of the historic structure, a report on the structural integrity prepared by a structural engineer.

Report indicating how the applicant shall reuse or recycle components of the historic structure if the application is granted.

Requirements for conditional use. In addition to demonstrating compliance with § 340-141, the applicant shall meet all of the following requirements:

An historic structure shall not be demolished, in whole or in part, or removed or relocated unless the applicant proves by credible evidence to the satisfaction of the Board of Supervisors that one or more of the following conditions exists:

The historic structure cannot feasibly and reasonably be reused, for a use allowed by this chapter, and that such situation is not the result of intentional neglect or demolition by neglect by the owner. The potential for reuse shall consider sale to another party.

The denial of the demolition, removal or relocation would result in unreasonable economic hardship to the owner considering the property on which the historic structure is located as a whole, based upon credible evidence, and the hardship was not self-created.

The demolition, removal or relocation is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of historic structure, and the project needs to occur at this location. For example, a demolition, removal or relocation may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard.

An applicant is only required to meet one of the conditions provided in § 340-46.2B(4)(a). However, the applicant shall also describe how other conditions in § 340-46.2B(4)(a) apply or do not apply.

The applicant shall present evidence to enable the Board of Supervisors to review all of the following:

The effect of the demolition, removal or relocation on the historical significance, streetscape and architectural integrity of neighboring historic structures and on the historic character of the surrounding neighborhood.

The feasibility of other alternatives to demolition, removal or relocation.

The applicant shall provide sufficient credible evidence to justify any claims that the historic structure cannot feasibly be repaired or reused on the property and that any conditions alleged to justify the proposed demolition, removal or relocation have been not self-created by the applicant.

Conditions. Applicants whose applications for demolition, removal, or relocation of an historic structure are approved shall be subject to conditions that include, in addition to any other appropriate conditions, the following:

If the application for approval of the demolition, removal or relocation of an historic structure is being requested to facilitate future development of the property, the demolition permit shall not be issued until the applicant has obtained approval of any associated subdivision and/or land development plan and any necessary Zoning Hearing Board approvals for such proposed development and has recorded the subdivision and/or land development plan.

The historic structure shall be dismantled and recycled to the greatest extent possible, and the applicant shall provide proof of such recycling.

Demolition by neglect. "Demolition by neglect" is defined as the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation set forth in Article II of Chapter 232 of this Code, known as the Warwick Township Property Maintenance Code.

Code violations: If the Code Enforcement Officer has notified a property owner of an historic structure of conditions that could lead to structural weakness, decay or deterioration in the historic structure and the property owner fails to correct the condition(s) in the time specified, there is also a violation of this § 340-46.2C.