The following zoning districts are hereby established in the
Township.
|
Base Zoning Districts
|
Special Overlay Districts
|
|---|---|
|
Conservation District (C)
|
Floodplain Overlay District (FPO)
|
|
Rural Agriculture District (RA)
|
Riparian Buffer Overlay Zoning District
|
|
Rural Residential District (RR)
| |
|
Low Density Residential District (R-1)
| |
|
Medium Density Residential District (R-2)
| |
|
Suburban Residential District (R-3)
| |
|
Neighborhood Mixed-Use District (NMU)
| |
|
Commercial Mixed-Use District (CMU)
| |
|
Commercial Highway District (CH)
| |
|
Interchange District (I)
| |
|
Light Industrial-Commercial District (LIC)
| |
|
Industrial Enterprise District (IE)
|
The zoning districts established by § 195-201 are delineated on the Township's official Zoning Map, which is adopted and incorporated herein in its entirety as part of this chapter.[1]
A.
Promptly following enactment of this chapter, the Zoning Officer
shall place the following legend on the official Zoning Map adopted
as part of this chapter, the Township Board of Supervisors Chairperson
shall execute the same on behalf of the Board of Supervisors and the
Township Secretary shall attest to the same: "On <DATE>, by official
action of Township Board of Supervisors, the map bearing this legend
was adopted as the official Zoning Map of the Township by enactment
of the Zoning Ordinance of West Hanover Township, Dauphin County,
Pennsylvania."
B.
No changes of any nature shall be made in the official Zoning Map except in conformity with the procedures set forth in § 195-117, Amendments, of this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.
C.
A certified Zoning Map shall be filed with the Township Secretary,
Township Planning Commission, and the Dauphin County Planning Commission.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
Where uncertainty exists as to the boundaries of zoning districts
as shown on the official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways, and alleys shall be construed to follow such
center lines.
B.
Boundaries indicated as approximately following the center of streams,
rivers, canals, lakes, or other bodies of water shall be construed
to follow such center lines.
C.
Boundaries indicated as approximately following property lines or
platted lot lines shall be construed as following such lines.
D.
Boundaries indicated as approximately following Township limits shall
be construed as following Township limits.
E.
Boundaries that are in unsubdivided property or where a zoning district
boundary divides a lot shall be determined using the map scale as
shown thereon.
A.
Purpose. The Conservation (C) District is established to protect
West Hanover's environmental sensitive areas. The application
of this district is to lands identified in the Township's Comprehensive
Plan and Natural Resources Inventory as having severe limitations
based on their physiographic, geologic, hydrologic, soil, and vegetative
characteristics. The district is intended to support policies established
in the Comprehensive Plan for lands to be preserved for conservation
by discouraging urban land uses and development in these areas and
maintaining open areas and low-intensity land uses. This district
identifies these sensitive lands and distinguishes them from other
areas in the Township which are identified in the Comprehensive Plan
as appropriate for urban land uses. The provisions of this district
have been specifically formulated to satisfy Section 604.(1) of the
Pennsylvania Municipalities Planning Code, which requires local zoning
ordinances to "promote, protect and facilitate the preservation of
the natural, and historic values in the environment and preservation
of forests."[1]
[1]
Editor's Note: See 53 P.S. § 10604(1).
C.
Building form regulations.
(1)
Figure 2.01 specifies the district's building form regulations.
(2)
Figure 2.01, Conservation
C
.A.
Use.
(See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
10% maximum
|
|
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
| |
|
4.
|
Lot width
|
200 feet minimum at front setback
| |
|
5.
|
Lot area
|
5 acres
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
50 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
40 feet minimum
|
 | |
|
4.
|
Rear setback
|
50 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
50 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
 | |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses maybe permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental Regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Rural Agriculture (RA) District is to protect and preserve
land with productive soils which are suitable for farming and for
the conservation of natural open space resources which are considered
highly desirable in West Hanover Township. The keeping of livestock,
poultry and domestic pets is consistent with the rural aspect of the
district, as long as the needs and welfare of the animals are maintained.
The application of this district shall be for undeveloped lands and
existing agricultural properties within West Hanover, with the intent
of protecting the environment, agricultural viability, small farm
preservation, and the deteriorating effects to the Township's
rural character from sprawling rural development and urban encroachment.
C.
Building form regulations.
(1)
Figure 2.02 specifies the district's building form regulations.
(2)
Figure 2.02, Rural Agricultural
RA
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
20% maximum
|
|
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
| |
|
4.
|
Lot width
|
200 feet minimum at front setback
| |
|
5.
|
Lot area
|
2 acres
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
40 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
20 feet minimum
|
 | |
|
4.
|
Rear setback
|
50 feet minimum
| ||
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
35 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
D.
Pennsylvania Right to Farm Law notice. All lands within the Agricultural
District are located within an area where land is used for commercial
agricultural production. Owners, residents and other users of this
property may be subjected to inconvenience, discomfort and the possibility
of injury to property and health arising from normal and accepted
agricultural practices and operations, including, but not limited
to, noise, odors, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides, and pesticides. Owners, occupants, and
users of this property should be prepared to accept such inconveniences,
discomfort, and possibility of injury from normal agricultural operations,
and are hereby put on official notice that Section 4 of Pennsylvania
Act 133 of 1982,[1] the "Right to Farm Law," may bar them from obtaining a
legal judgement against such normal agricultural operations. From
the effective date of this chapter, all subsequent subdivision plans
submitted with this zone shall require a note which duplicates this
article, and which shall be transferred to the purchaser by the seller.
[1]
Editor's Note: See 3 P.S. § 954.
A.
Purpose. The Rural Residential (RR) District is established to provide
areas for rural residential development that do not impact agricultural
lands or create further sprawling patterns of development. The district
is located adjacent to areas of existing residential development as
identified in the Comprehensive Plan. Further residential development
is encouraged for these areas. Single lot or minor subdivisions of
low density are anticipated in these areas due to the limited availability
of community facilities. The RR District area is adjacent to the agricultural
district; however, agricultural uses are not encouraged because this
district is comprised primarily of small lots. The regulations for
this district are designed to protect and stabilize these essential
development characteristics and promote and encourage quality rural
development.
C.
Building form regulations.
(1)
Figure 2.03 specifies the district's building form regulations.
(2)
Figure 2.03, Rural Residential
RR
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
 |
|
2.
|
Accessory building
|
20 feet maximum
| |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
20% maximum
|
|
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
| |
|
4.
|
Lot width
|
150 feet minimum at front setback
| |
|
5.
|
Lot area
|
1 acre
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
35 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
15 feet minimum
|
| |
|
4.
|
Rear setback
|
50 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
35 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Low-Density Residential (R-1) District provides areas
for low-density residential development. The district is located within
growth areas as defined in the Township's Comprehensive Plan,
and areas planned for public sewage as identified in West Hanover
Township's Sewage Facilities Plan (hereinafter "Sewage Plan").
Single lot developments or subdivisions of low density are anticipated
in these areas due to the future availability of community facilities.
The regulations for this district are designed to protect and maintain
these essential development characteristics and promote and encourage
quality residential development in keeping with the Township's
design standards.
C.
Building form regulations.
(1)
Figure 2.04 specifies the district's building form regulations.
(2)
Figure 2.04, Low-Density Residential
R-1
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
 |
|
2.
|
Accessory building
|
20 feet maximum
| |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
| |
|
2.
|
Impervious coverage
|
35% maximum
| ||
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
| |
|
4.
|
Lot width
|
100 feet minimum at front setback
| ||
|
5.
|
Lot area. Except as modified by the open space requirements of § 195-420, the minimum lot area is as follows:
| |||
|
a.
|
With public sewer
|
1/2 acre
| ||
|
b.
|
Without public sewer
|
1 acre
| ||
|
6.
|
Maximum density
|
2 dwelling units per acre
| ||
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
30 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
15 feet minimum
|
| |
|
4.
|
Rear setback
|
35 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
30 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
Front separation
|
30 feet minimum
|
Principal Buildings Separation
| |
|
2.
|
Side separation
|
25 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Rear separation
|
70 feet minimum
|
 | |
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Medium-Density Residential (R-2) District provides areas
for medium-density residential development. The district is located
within growth areas as defined in the Township's Comprehensive
Plan and areas planned for public sewage as identified in the Township's
Sewage Plan. Due to existing development conditions, character, and
the availability of community facilities in the R-2 District, uniform
residential development types similar to the existing development
are anticipated and encouraged. The regulations for this district
are designed to protect and maintain present single-family detached
development characteristics and ensure high-quality future residential
development in keeping with the Township's design standards.
C.
Building form regulations.
(1)
Figure 2.05 specifies the district's building form regulations.
(2)
Figure 2.05, Medium-Density Residential
R-2
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
| |
|
2.
|
Impervious coverage
|
50% maximum
| ||
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
| |
|
4.
|
Accessory building gross floor area
|
35% maximum of gross floor area of the principal building
| ||
|
5.
|
Lot width
|
80 feet minimum at front setback
| ||
|
6.
|
Lot area. Except as modified by the open space requirements of § 195-420, the minimum lot area is as follows:
| |||
|
a.
|
With public sewer
|
15,000 square feet
| ||
|
b.
|
Without public sewer
|
1 acre
| ||
|
7.
|
Maximum density
|
3 dwelling units per acre
| ||
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
30 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
10 feet minimum
|
| |
|
4.
|
Rear setback
|
35 feet minimum
|
| |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
30 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
| |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
Front separation
|
30 feet minimum
|
Principal Buildings Separation
| |
|
2.
|
Side separation
|
20 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Rear separation
|
60 feet minimum
|
| |
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Suburban Residential (R-3) District provides areas for
medium- and high-density residential development. The district is
located within growth areas as defined in the Township's Comprehensive
Plan and areas planned for public sewage as identified in the Township's
Sewage Plan. Due to the availability of community facilities in the
R-3 District, housing variety, quality design and sound construction
are anticipated and encouraged. It is anticipated that development
projects in the R-3 District shall be based on performance standards
that preserve existing natural features and vegetation and promote
excellence in site planning and landscape design. The regulations
for this district are designed to protect and maintain present suburban
characteristics and ensure high-quality future residential development
in keeping with the Township's design standards.
C.
Building form regulations.
(1)
Figure 2.06 specifies the district's building form regulations.
(2)
Figure 2.06, Suburban Residential
R-3
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
| |
|
2.
|
Impervious coverage
|
60% maximum
| ||
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
| ||
|
4.
|
Accessory building gross floor area
|
35% maximum of gross floor area of the principal building
|
| |
|
5.
|
Lot width
|
20 feet minimum at front setback
| ||
|
6.
|
Lot area. Except as modified by the open space requirements of § 195-420, the minimum lot area is as follows:
| |||
|
a.
|
Single-family detached
|
10,000 square feet
| ||
|
b.
|
Single-family semidetached
|
8,000 square feet
| ||
|
c.
|
Townhouse
|
2,000 square feet per unit
| ||
|
d.
|
Multifamily
|
2,000 square feet per unit
| ||
|
7.
|
Maximum density
|
4.5 dwelling units per acre
| ||
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
25 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
20 feet minimum
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
10 feet minimum; 0 feet permitted for attached dwellings
|
 | |
|
4.
|
Rear setback
|
30 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
25 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
Front separation
|
25 feet minimum
|
Principal Buildings Separation
| |
|
2.
|
Side separation
|
20 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Rear separation
|
50 feet minimum
|
| |
 | ||||
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Neighborhood Mixed-Use (NMU) District is a small-scale
zone intended to encourage low-impact, mixed-use development compatible
with medium-density residential areas connecting to the Jonestown
Road corridor. The zone permits a mix of residential uses supported
by neighborhood-scaled commercial uses having limited impacts on surrounding
residential areas. Buildings in this zone shall generally be up to
three stories tall. Development is intended to be pedestrian-oriented
and compatible with the scale and characteristics of adjacent residentially
zoned areas or low-rise commercial areas.
C.
Building form regulations.
(1)
Figure 2.07 specifies the district's building form regulations.
(2)
Figure 2.07, Neighborhood Mixed-Use
NMU
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
35 feet maximum
|
Building Height and Configuration
| |
|
a.
|
Single use
|
1 story minimum
|
 | |
|
b.
|
Mixed use building
|
2 stories minimum
| ||
|
2.
|
Accessory building
|
20 feet maximum
| ||
|
3.
|
Accessory barn
|
35 feet maximum
| ||
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
75% maximum
| |
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
|
|
4.
|
Lot width
|
20 feet minimum at front setback
| |
|
5.
|
Lot area
|
None
| |
|
6.
|
Maximum density
|
8 dwelling units per acre
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
20 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
10 feet minimum; 0 feet minimum for attached buildings
|
  | |
|
4.
|
Rear setback
|
15 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
20 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
The building separation standards in this district only apply to separate buildings that only contain one of the types of dwelling under the residential and lodging uses of Article 3.
|
Principal Buildings Separation
| ||
|
2.
|
Front separation
|
25 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Side separation
|
20 feet minimum
|
| |
|
4.
|
Rear separation
|
50 feet minimum
|
 | |
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Commercial Mixed-Use (CMU) Zone is a medium-scale zone
intended for development along the State Route 39 corridor connecting
Interstate 81 in West Hanover Township with U.S. Route 422 in Hershey
in Derry Township. The zone allows a wide range and mix of commercial
and residential uses, as well as employment uses that have limited
off-site impacts. Buildings in this zone shall generally be up to
four stories tall or district provisions specify other height limits.
Development is intended to be pedestrian-oriented, provide a strong
relationship between buildings and sidewalks, and complement the scale
of surrounding residentially zoned areas.
C.
Building form regulations.
(1)
Figure 2.08 specifies the district's building form regulations.
(2)
Figure 2.08, Commercial Mixed-Use
CMU
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
45 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
75% maximum
| |
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
|
|
4.
|
Lot width
|
20 feet minimum at front setback
| |
|
5.
|
Lot area
|
None
| |
|
6.
|
Maximum density
|
15 dwelling units per acre
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
10 feet minimum
|
Setbacks: Principal Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
10 feet minimum; 0 feet minimum for attached buildings
|
| |
|
4.
|
Rear setback
|
15 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
20 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses and structures permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
The building separation standards in this district only apply to separate buildings that only contain one of the types of dwelling under the residential and lodging uses of Article 3.
|
Principal Buildings Separation
| ||
|
2.
|
Front separation
|
25 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Side separation
|
20 feet minimum
|
| |
|
4.
|
Rear separation
|
50 feet minimum
|
 | |
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Commercial Highway (CH) District provides suitable development
opportunities for highway-oriented commercial activities. The district
is located within growth areas as defined in the Township's Comprehensive
Plan and areas planned for public sewage as identified in West Hanover
Township's Sewage Plan. Due to the availability of community
facilities in the CH District, a variety of commercial development
types are anticipated and encouraged to service local residents and
the transient public. As recommended in the Township's Comprehensive
Plan, highway commercial development with environmentally sensitive
site and highway access design is anticipated and encouraged. The
regulations for this district are intended to promote high-quality
development projects in keeping with the Township design standards.
C.
Building form regulations.
(1)
Figure 2.09 specifies the district's building form regulations.
(2)
Figure 2.09, Commercial Highway
CH
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
45 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
75% maximum
| |
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
|
|
4.
|
Lot width
|
50 feet minimum at front setback
| |
|
5.
|
Lot area
|
None
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
20 feet minimum
|
Setbacks: Principal Buildings
| |
|
2.
|
Secondary street front setback
|
25 feet minimum
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
|
|
3.
|
Side setback
|
10 feet minimum
|
 | |
|
4.
|
Rear setback
|
15 feet minimum
|
 | |
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
20 feet minimum
|
Setbacks: Accessory Buildings
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
Front separation
|
20 feet minimum
|
Principal Buildings Separation
| |
|
2.
|
Side separation
|
10 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Rear separation
|
15 feet minimum
|
| |
 | ||||
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Interchange (I) District provides suitable development
opportunities for activities which service the needs of interstate
highway automobile and truck traffic at the interchange area. The
district is located within growth areas as defined in the Township's
Comprehensive Plan and areas planned for public sewage as identified
in Township's Sewage Plan. Due to the availability of community
facilities in the I District; a limited variety of high-intensity
commercial developments are anticipated to service the transient public.
Interchange commercial development with environmentally sensitive
site and highway access design is anticipated and encouraged. The
regulations for this district are designed to promote high-quality
development projects in keeping with the Township's design standards.
C.
Building form regulations.
(1)
Figure 2.10 specifies the district's building form regulations.
(2)
Figure 2.10, Interchange
I
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
45 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
75% maximum
| |
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
|
|
4.
|
Lot width
|
50 feet minimum at front setback
| |
|
5.
|
Lot area
|
None
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
50 feet minimum
|
Setbacks: Principal Buildings
| ||
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
| |
|
3.
|
Side setback
|
10 feet minimum
|
| ||
|
4.
|
Rear setback
|
15 feet minimum
|
 |
Residential Compatibility Setbacks (D5 and D6)
| |
|
5.
|
Side setback residential compatibility
|
50 feet minimum
|
 | ||
|
6.
|
Rear setback residential compatibility
|
50 feet minimum
| |||
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
50 feet minimum
|
Setbacks: Accessory Buildings
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
Principal buildings separation.
|
1.
|
Front separation
|
20 feet minimum
|
Principal Buildings Separation
| |
|
2.
|
Side separation
|
10 feet minimum
|
•
|
When multiple principal buildings are located on a single lot,
the building faces must be distanced from each other as specified
in Table G and as shown:
|
|
3.
|
Rear separation
|
15 feet minimum
|
| |
 | ||||
H.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Light Industrial-Commercial (LIC) District is intended
to:
(1)
Accommodate the location of modern, well-planned destination
business uses, as well as compatible light industrial uses and industrial-related
business uses;
(2)
Reserve areas of the Township where light industrial, industrial-related
businesses uses can locate with limited impact on traffic circulation
patterns and the community character of residential neighborhoods;
and
(3)
Foster creative design of sites for development of these uses
to enhance the character of the development in which they are located.
C.
Building form regulations.
(1)
Figure 2.11 specifies the district's building form regulations.
(2)
Figure 2.11, Light Industrial-Commercial
LIC
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
55 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
75% maximum
| |
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
|
|
4.
|
Lot width
|
75 feet minimum at front setback
| |
|
5.
|
Lot area
|
None
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
50 feet minimum
|
Setbacks: Principal Building
| ||
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
| |
|
3.
|
Side setback
|
15 feet minimum
|
| ||
|
4.
|
Rear setback
|
15 feet minimum
|
|
Residential Compatibility Setbacks (D5 and D6)
| |
|
5.
|
Side setback residential compatibility
|
50 feet minimum
|
 | ||
|
6.
|
Rear setback residential compatibility
|
50 feet minimum
| |||
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
50 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The Industrial Enterprise (IE) District provides suitable
development opportunities for assembling, fabrication, processing,
production, distribution, manufacturing, and warehousing activities.
It is intended to maximize industrial potential while ensuring compatibility
with surrounding zoning districts. The IE District is located within
growth areas as defined in the Township's Comprehensive Plan
and areas planned for public sewage as identified in Township's
Sewage Plan. Due to the future availability of community facilities
in the IE District, a limited variety of high-intensity industrial
development types is anticipated. Industrial-related development with
highway access design is anticipated and encouraged. The regulations
for this district are intended to promote high-quality development
projects in keeping with the Township's design and performance
standards.
C.
Building form regulations.
(1)
Figure 2.12 specifies the district's building form regulations.
(2)
Figure 2.12, Industrial Enterprise
IE
.A.
Use. (See Table 3.01.)
B.
Building height.
|
1.
|
Principal building
|
55 feet maximum
|
Building Height and Configuration
|
|
2.
|
Accessory building
|
20 feet maximum
|
 |
|
3.
|
Accessory barn
|
35 feet maximum
|
C.
Lot configuration.
|
1.
|
Building separation
|
10 feet minimum
|
Building Height and Configuration
|
|
2.
|
Impervious coverage
|
75% maximum
| |
|
3.
|
Accessory building coverage
|
10% maximum of net lot area
|
|
|
4.
|
Lot width
|
100 feet minimum at front setback
| |
|
5.
|
Lot area
|
None
|
D.
Setbacks: principal building.
|
1.
|
Front setback principal
|
50 feet minimum
|
Setbacks: Principal Building
| ||
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of principal buildings must be distanced
from the lot lines as specified in Table D and as shown:
| |
|
3.
|
Side setback
|
15 feet minimum
|
| ||
|
4.
|
Rear setback
|
15 feet minimum
|
|
Residential Compatibility Setbacks (D5 and D6)
| |
|
5.
|
Side setback residential compatibility
|
50 feet minimum
|
 | ||
|
6.
|
Rear setback residential compatibility
|
50 feet minimum
| |||
E.
Setbacks: accessory building.
|
1.
|
Front setback
|
50 feet minimum
|
Setbacks: Accessory Building
| |
|
2.
|
Secondary street front setback
|
Secondary frontage qualifies as a front
|
•
|
The building faces of any accessory building must be distanced
from the lot lines as specified in Table E and as shown:
|
|
3.
|
Side setback
|
5 feet minimum
|
| |
|
4.
|
Rear setback
|
5 feet minimum
|
 | |
|
5.
|
Rear street setback
|
Secondary frontage qualifies as a front
| ||
|
6.
|
Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter.
| |||
F.
Supplemental regulations.
|
1.
|
All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter.
|
G.
NOTE: Standards in bold above are illustrated in the graphics
on the right.
A.
Purpose. The purpose of the Floodplain Overlay (FPO) District is
to:
(1)
Regulate the permitted use of flood-prone areas.
(2)
Where there happens to be any conflict between the provisions
or requirements of any of the floodplain districts and those of any
underlying district, the more restrictive provisions and/or those
pertaining to the floodplain districts shall apply.
(3)
In the event any provisions concerning a floodplain district
are declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying district provision
shall remain applicable.
(4)
Require the utilization of appropriate construction practices
and design standards in order to prevent or minimize flood damage
in the future.
(5)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing the unwise use and development
of property in areas subject to flooding.
B.
Authority. Sections 604 and 605 of the MPC and the Pennsylvania Flood
Plain Management Act (Act 166-1978)[1] grant municipalities the authority to identify flood-prone
areas subject to periodic flooding and regulate with specific control
the permitted use, type of construction and height of floor levels
above base flood elevation permitted in the area to lessen or avoid
the hazards to persons and damage to property resulting from the accumulation
of storm- or floodwaters.
[1]
Editor's Note: See 53 P.S. § 10604 and 53 P.S. § 10605
and 32 P.S. § 679.101 et seq., respectively.
C.
Applicability. Except as modified by the FPO, the provisions of the
applicable base zoning district(s) shall apply to all development
within the boundary of the designated area. If regulations conflict,
the applicable FPO regulations shall prevail. Whenever the FPO District
is established, any subsequent application to change the base zoning
district shall not be construed to be an application to eliminate
the FPO District for the property covered by the application. An intent
to eliminate the FPO district on a given property shall be expressly
stated to be part of the application.
D.
Floodplain Management Ordinance. Chapter 108, Floodplain Management, of the Code of the Township of West Hanover establishes the requirements for floodplain management, including general provisions, interpretations and definitions, establishes floodplain areas, boundary disputes, alterations, criteria for building and site plan approval, administration, appeals and penalties, government actions, and municipal liability.
E.
Boundaries of district.
(1)
To the extent the Zoning Map and Chapter 108, Floodplain Management, of the Code of the Township of West Hanover identify areas prone to or otherwise at risk of flood, including without limitation by reference to a Flood Insurance Rate Map or FEMA Flood Insurance Study, such areas shall be deemed identified as flood-prone areas for purposes of this chapter and included within the FPO District.
(2)
Boundaries indicated as approximately following the center lines
of street or alley rights-of-way shall be construed to follow such
center lines;
(3)
Boundaries indicated as parallel to, or extensions of features
indicated in the above shall be so construed; and
(4)
Where physical or cultural features existing on the ground are
different from those shown on the Flood Insurance Rate Map, or in
other circumstances not covered by the above, the Zoning Officer shall
interpret the FPO District boundaries.
F.
Interpretation of ordinance provisions. In interpreting the language of the Floodplain Overlay District and the extent of underlying zoning district regulation upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to the Township's interpretation of the applicability of the Floodplain Overlay Zoning District shall be appealed in accordance with the requirements outlined § 195-113, Appeals and boundary interpretation and appeals procedure, of this chapter and Article IX, Zoning Hearing Board and Other Administrative Proceedings, of the MPC.
A.
Purpose. Under the authority of the MPC, as amended, other commonwealth
and federal statutes, and in recognition of the fact that natural
features contribute to the quality of life in the Township, the following
riparian buffer regulations are enacted to provide reasonable controls
governing the restoration, conservation, disturbance, and management
of existing riparian corridors by establishing a designated Riparian
Buffer Overlay Zoning District.
B.
The Riparian Buffer Overlay Zoning District shall apply to all properties
or any other improvements that require subdivision or land development
plan submission if they are within or touch the Riparian Buffer Overlay
Zoning District within West Hanover Township.
C.
Any required riparian buffer preservation and maintenance shall remain the sole responsibility of each individual property owner or as otherwise stipulated by the West Hanover Township Stormwater Management Ordinance, Chapter 168 of the Code of the Township of West Hanover.
D.
In addition, the specific purposes and intent of this section are
to:
(1)
Conserve the natural features important to land or water resources
(e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, prime wildlife habitats).
(2)
Conserve natural, scenic, and recreation areas within and adjacent
to riparian areas for the region's benefit.
(3)
Reduce the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach watercourses, wetlands, subsurface,
and surface water bodies by using scientifically proven processes,
including filtration, deposition, absorption, adsorption, plant uptake,
and denitrification, and by stabilizing. Further, to minimize concentrated
flows through the use of level spreaders and/or similar stormwater
management devices used to disburse concentrated flow uniformly over
the ground as sheet flow.
(4)
Improve and maintain the safety, reliability, and adequacy of
the Township's water supply for domestic, agricultural, commercial,
industrial, and recreational uses along with sustaining diverse populations
of aquatic plants and animals.
(5)
Regulate the land use, siting, and engineering of development
to be consistent with the intent and objectives of this section and
accepted conservation practices, as well assure that the impacts of
such development remain within the carrying capacity of existing natural
resources.
(6)
Assist in the implementation of pertinent state laws concerning
erosion and sediment control practices, specifically erosion control,
of the Pennsylvania Clean Streams Law, Act 394, P.L. 1987, Chapter
102 of the Administrative Code (as amended October 10, 1980, Act 157
P.L.), Title 25, and any subsequent amendments thereto, as administered
by the Pennsylvania Department of Environmental Protection and the
Dauphin County Conservation District.
E.
Definition; establishment; width determination; applicability; and
interpretation.
(1)
Definition. The Riparian Buffer Overlay is a zoning district
consisting of areas surrounding swales, creeks, streams, water bodies,
intermittent watercourses and delineated wetlands as well as those
encountered during subdivision and land development. These areas intercept
surface water runoff, subsurface flow, and deep groundwater flows
from upland sources and remove or buffer the impact of nutrients,
sediment, organic matter, pesticides, or other pollutants prior to
entry into surface waters.
(2)
Establishment. The establishment of a Riparian Buffer Overlay
Zoning District applies to the following areas which are identified
on the officially adopted Zoning Map of West Hanover Township:
(a)
Lands adjacent to streams within West Hanover Township.
(b)
Lands adjacent to intermittent watercourses within West Hanover
Township.
(c)
Lands, water bodies and wetlands as regulated by state and/or
federal designation.
(d)
Similar land and/or water to those outlined above as encountered
during the process of subdivision and land development within West
Hanover Township.
(3)
Width determination.
(a)
Except as required by Chapter 102 of the Pennsylvania State
Code, the Riparian Buffer Overlay shall be measured to be the greater
of the limit of the 100-year floodplain or a minimum of 35 feet from
the top of the streambank (on each side). Where the edge of waterway
of an intermittent watercourse cannot be determined, the width of
the Riparian Buffer Overlay Zoning District shall be measured beginning
from the center line of the channel. Where a defined bed and bank
exist, the edge shall be established based on bank full flow.
(b)
Where slopes of 25% or greater are located within the Riparian Buffer Overlay area defined in Subsection E(3)(a), this buffer area shall extend the entire distance of the steep sloped area, not to exceed 100 feet past the nearest point of the Riparian Buffer Overlay area defined in Subsection E(3)(a). The sloped area shall be measured where there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 25%.
(c)
The Riparian Buffer Overlay Zoning District shall also include
a minimum buffer width of 35 feet around the entire perimeter of the
outer edge of wetlands and water bodies greater than 5,000 square
feet in area that are not located along a stream.
(4)
Applicability. The provisions of this section shall apply as
follows:
(a)
The developer/applicant shall be responsible for identifying
the location of the Riparian Buffer Overlay Zoning District boundary
on any plan that is submitted to West Hanover Township for the following:
[1]
Subdivision or land development as defined in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.
[2]
Approval for improvements that require a zoning or building
permit. Although mitigation may not be required for such activity,
the boundary must still be delineated. Such permit(s) shall only be
required when construction or erection of any buildings or structure(s)
within or touching the Riparian Buffer Overlay Zones of West Hanover
Township is located on the ground or attached to something on the
ground and is greater than 1,000 square feet in size.
(b)
This initial delineation of the overlay district boundary shall
be subject to review and approval by the West Hanover Township Zoning
Officer.
(c)
These requirements shall not apply to any existing primary or
accessory buildings or to any of the following: agricultural uses,
transportation facilities, fences, lawns, gardens, utility lines,
decks and piers, or to interior renovations, septic and essential
services.
(5)
Interpretation of ordinance provisions. In interpreting the language of the Riparian Buffer Overlay District and the extent of the underlying zoning district(s) regulating the use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to the Township's interpretation of the applicability of the Riparian Buffer Overlay Zoning District shall be appealed in accordance with the requirements outlined § 195-113, Appeals and applications, of this chapter.
F.
Uses permitted. The following uses not involving buildings or structures
are permitted, either by right or as a conditional use, in the Riparian
Buffer Overlay Zoning District. (NOTE: Within any riparian buffer,
no construction, development, use, activity, or encroachment shall
be permitted unless the activity has been first authorized by the
Township Zoning Officer.)
(1)
Uses permitted by right. The following uses, when permitted
in the underlying zoning district, shall be permitted by right:
(a)
Common open space.
(b)
Forestry operation in accordance with the Pennsylvania Clean
Stream Law (35 P.S. §§ 691.1 through 691.1001) and
regulations at 25 Pa. Code Chapter 102, plus the best management practices
outlined in the 2001 edition of the Pennsylvania State University
College of Agricultural Sciences' publication entitled "Best
Management Practices for Pennsylvania Forests."
(c)
Level spreaders or other similar stormwater structures used
to disperse concentrated stormwater runoff uniformly over the ground
surface as sheet flow. These devices shall be located a minimum of
50 feet from the edge of any identified watercourse or water body,
subject to any other conditions imposed by the Board of Supervisors.
(d)
Naturalized stormwater basins in compliance with the Pennsylvania
Clean Stream Law (35 P.S. §§ 691.1 through 691.1001)
and regulations at 25 Pa. Code Chapter 102. The entire basin shall
be located a minimum of 50 feet from the edge of any identified watercourse
or water body, subject to any other conditions imposed by the Board
of Supervisors.
(e)
Nature preserve.
(f)
New stream crossings for roads, centralized sewer and/or water
lines and public utility transmission lines and/or their related appurtenances
(i.e., towers, well houses, pump and lift stations), provided that
they are:
[1]
Designed and installed in accordance with the stream crossing standards outlined under § 195-217H of this chapter.
[2]
All disturbance must be mitigated at a ratio of 1:1 for each
square foot of disturbance and compliance with the Pennsylvania Clean
Stream Law (35 P.S. §§ 691.1 through 691.1001) and
regulations at 25 Pa. Code Chapter 102, plus the best management practices
outlined in the latest edition of the Pennsylvania State University
College of Agricultural Sciences' publication entitled "Best
Management Practices for Pennsylvania Forests."
(g)
Park.
(h)
Passive use areas, such as camps, campgrounds and picnic areas,
and active recreation areas, such as ball fields, playgrounds and
courts. These uses shall be designed in a manner that shall not create
concentrated stormwater flow, subject to any other conditions as imposed
by the Board of Supervisors. The use of level spreaders or similar
devices may be required.
(i)
Placement of research and monitoring devices, such as staff
gauges, water recording, water quality testing, cross vanes, weirs
and related demonstration facilities.
(j)
Removal of trees where such removal is necessary as a means
to eliminate dead, diseased or hazardous stands of trees that jeopardize
public safety, provided that such removal is in compliance with the
Pennsylvania Clean Stream Law (35 P.S. §§ 691.1 through
691.1001) and regulations at 25 Pa. Code Chapter 102, plus the best
management practices outlined in the 2001 edition of the Pennsylvania
State University College of Agricultural Sciences' publication
entitled "Best Management Practices for Pennsylvania Forests."
(k)
Streambank stabilization and/or recommended native tree reforestation,
in compliance with the recommendations of this section and as outlined
in the latest edition of the Pennsylvania State University College
of Agricultural Sciences' publication entitled "Best Management
Practices for Pennsylvania Forests."
(l)
Stream crossings for farm vehicles and/or livestock if part
of a federal, state and/or privately funded Dauphin County Conservation
District and/or local nonprofit riparian buffer improvement project.
(m)
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, passive areas of public and private parklands and native planting
and reforestation in compliance with the recommendations of this section
and the best management practices outlined in the latest edition of
the Pennsylvania State University College of Agricultural Sciences'
publication entitled "Best Management Practices for Pennsylvania Forests."
(2)
Required yards. The required setback area may incorporate a
portion of the zoning overlay; however, at least 1/2 of each required
front, side or rear yard on any private lots shall be entirely outside
of the Riparian Buffer Overlay District.
G.
Riparian buffer management. No development activities shall be permitted
within the Riparian Buffer Overlay Zoning District unless specifically
permitted by this section. All such activities are subject to the
following:
(1)
Subdivision and land development. Within the Riparian Buffer
Overlay Zoning District, subdivision, land development or redevelopment
shall only be permitted when the impacts of such actions are mitigated
at a 1:1 square foot replacement ratio.
(2)
Zoning and building permits. For activities that only require
a zoning and/or building permit and include improvements within the
Riparian Buffer Overlay Zoning District, riparian buffer replacement
or restoration is recommended only. If provided, the buffer should
be at a 1:1 square foot replacement ratio for all disturbances.
(3)
Projects for which mitigation is only recommended and for which
a buffer is provided shall identify the existing conditions (vegetation,
floodplain, wetlands, soils, slopes, etc.), all proposed activities
and, if applicable, any proposed management techniques, including
any measures necessary to offset disturbances to land within the Riparian
Buffer Overlay Zoning District.
(4)
Vegetation selection.
(a)
To function properly, dominant native vegetation in the riparian
buffer should be selected from the list of native plants most suited
to riparian areas. The Township may also require that the suitability
of planting species be verified by local qualified experts at the
Dauphin County Conservation District, the Pennsylvania State Cooperative
Extension and/or other state and federal forest agencies.
(b)
As part of riparian buffer restoration, it is required that
any/all noxious species existing within the buffer area and/or within
the site be removed. Property owners and developers should ensure
that invasive species are removed to not adversely impact any native
species planted.
(c)
For maximum effect, the riparian buffer should be composed of
three layers of vegetation or more.
[1]
Canopy and understory trees to form a tree canopy. Canopy and
understory trees should be 1 1/2 to 2 1/2 calipers in diameter
at breast height, eight feet to 10 feet tall at planting. Canopy trees
should be planted a minimum of 20 feet to 25 feet on center in staggered
rows, and understory trees should be planted a minimum of 15 feet
on center, also in staggered rows.
[2]
Shrubs to support a dense, healthy and diverse understory. Shrubs
should be planted in between canopy and understory trees at a minimum
distance of between three feet and five feet apart.
[3]
Grasses, sedges, flowering perennials and other ground cover.
Grasses, sedges, flowering perennials and ground covers should be
planted one foot to three feet apart.
H.
Stream crossing standards. All stream crossings permitted under § 195-217F(1) shall comply with and incorporate as required the following minimum standards:
(1)
Any stream crossings requiring any activity in, under and/or
over any body of water shall first consult the Department of Environmental
Protection's South Central Regional Office, Watershed Management
Permitting and Technical Services Section.
(2)
The width of any right-of-way shall not be greater than the
minimum right-of-way width required by Township ordinances unless
additional right-of-way is offered for dedication.
(3)
Stream crossings shall be designed to cross in a manner that
minimizes disturbance.
(4)
Stream crossings shall be separated by a minimum of 1,000 feet
of stream length.
(5)
Bridges, with the appropriate federal and/or state permits,
shall be used in place of culverts when crossings would require a
seventy-two-inch-or-greater diameter pipe. When culverts are installed,
they shall be designed to retain the natural stream channel bottom
to ensure the passage of water during low flow or dry weather periods.
I.
Inspection of Riparian Buffer Overlay Zoning District. The Riparian
Buffer Overlay Zoning District may also be inspected periodically
by the Township Engineer and/or Zoning Officer Administrator to determine
compliance with this section or when excessive or potentially problematic
erosion, sedimentation, hazardous trees or an unauthorized activity
or structure is brought to the attention of West Hanover Township
officials.
