Article II Zone Regulations

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

Maximum number of permitted dwellings or lots.

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

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

For parent tracts great than 15 acres within Conservation Development Area B, any residential subdivision shall follow the provisions of § 415-220, Resource and Landscape Management Overlay.

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

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

See § 360-402C(6) of the Subdivision and Land Development Ordinance, as amended, including provisions for tree protection provisions during construction and identification of areas of woodland to be removed.

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

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

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

Within 30 feet of a building or principal use;

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

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

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

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

§ 415-201 Agricultural Zone (A).

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory apartment	P	§ 415-401
Accessory uses; customarily incidental to the principal use; including agritourism and agricultural marketing enterprises	P	§§ 415-301, 415-301.15, 415-301.16
Agriculture/agricultural operation	P
Airports/heliports	C	§ 415-403; § 415-804
Bed-and-breakfast	C	§ 415-406; § 415-804
Campgrounds	C	§ 415-410; § 415-804
Commercial livestock operation	C	§ 415-412; § 415-804
Commercial stockyard and/or feedlots	C	§ 415-413; § 415-804
ECHO housing	P	§ 415-304.9
Event center	C	§ 415-409; § 415-804
Family day-care facility	C	§ 415-416; § 415-804
Farm-related business	P
Forestry	P	§ 415-304.19
Home occupation	C	§ 415-425; § 415-804
Kennel	P	§ 415-304.15
Non-commercial keeping of livestock	P	§ 415-301.17
Nonprofit animal rescue	P	§ 415-304.15
Private clubhouses	C	§ 415-436; § 415-804
Public and/or nonprofit activities related to preservation and conservation of natural and/or historical resources	P
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-304.22
Riding stable	P	§ 415-304.15
Shooting range	C	§ 415-441; § 415-804
Single-family detached-dwelling	P
Two-family conversion	P	§ 415-304.16
Wireless communication facilities	C	§ 415-448; § 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	Agricultural Uses	Single-Family Dwellings	Other
Minimum lot size	10 acres**	1 acre	1 acre
Minimum lot width
at building setback line	100 ft	100 ft	200 ft
at lot frontage	60 ft	—	—
Maximum building height
Principal structure	35 ft	35 ft	35 ft
Accessory structure	85 ft***	25 ft
Maximum lot coverage
Impervious surface	10%	20%	20%
Minimum setback
Principal
Front	50 ft	50 ft	50 ft
Side	50 ft	15 ft	50 ft
Rear	50 ft	35 ft	50 ft
Accessory
Front	—	*	—
Side	—	25 ft	—
Rear	—	25 ft	—

*	All accessory uses for single-family dwellings shall be located behind the front facade of the principal structure.
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

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

Maximum number of permitted dwellings or lots.

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

For parent tracts great than 15 acres within Conservation Development Area B, any residential subdivision shall follow the provisions of § 415-220, Resource and Landscape Management Overlay.

Right to farm. All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of nuisances arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, 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 the Pennsylvania Act 133 or 1982 "The Right to Farm Law"[1] may bar them from obtaining a legal judgment against such normal agricultural operations.

Editor's Note: See 3 P.S. § 954.

Required conservation plan. Any agricultural, horticultural, or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation, shall fulfill all requirements of Chapter 102 Erosion Control of Title 25 Rules and Regulations, Department of Environmental Protection. All on-site activities shall comply with such regulations.

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

§ 415-202 Rural Residential Zone (R).

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory apartment	P	§ 415-401
Accessory uses; customarily incidental to the principal use; including agritourism and agricultural marketing enterprises	P	§ 415-301, § 415-301.15, § 415-301.16
Agriculture/agricultural operation	P
Bed-and-breakfast	C	§ 415-406; § 415-804
Campgrounds	C	§ 415-410; § 415-804
Cemetery	C	§ 415-427; § 415-804
Commercial livestock operation	C	§ 415-412; § 415-804
ECHO housing	P	§ 415-304.9
Event center	C	§ 415-409; § 415-804
Family day-care facility	C	§ 415-416; § 415-804
Forestry	P	§ 415-304.19
Golf course	C	§ 415-418; § 415-804
Home occupation	C	§ 415-425; § 415-804
Non-commercial keeping of livestock	P	§ 415-301.17
Place of worship and other related uses	C	§ 415-427; § 415-804
Private clubhouses	C	§ 415-436; § 415-804
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-304.22
Schools, public and private	C	§ 415-437; § 415-804
Single-family detached-dwelling	P
Riding stable	P	§ 415-304.15
Two-family conversion	P	§ 415-304.16
Wireless communication facilities	C	§ 415-448; § 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	Agricultural Uses	All Permitted Uses	All Permitted Uses if >50% of Site Possesses >15% Slope
Minimum lot size	10 acres**	1 acre	2 acres
Minimum lot width
at building setback line	100 ft	150 ft	150 ft
at lot frontage	60 ft
Maximum building height
Principal structure	35 ft	35 ft	35 ft
Accessory structure	85 ft***	15 ft	15 ft
Maximum lot coverage
Impervious surface	10%	10%	7%
Minimum setback
Principal
Front	50 ft	50 ft	50 ft
Side	50 ft	60 ft	60 ft
Rear	50 ft	50 ft	50 ft
Accessory
Front	—	*	*
Side	—	30 ft	30 ft
Rear	—	15 ft	15 ft

*	All accessory uses shall not be permitted in front yard between principal building and front lot line.
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

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

Maximum number of permitted dwellings or lots.

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

For parent tracts great than 10 acres within Conservation Development Area B, any subdivision of land shall follow the provisions of § 415-220, Resource and Landscape Management Overlay.

§ 415-203 Residential Estate Zone (RE).

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

Purpose. This zone provides an appropriate location for both the continuation of rural agricultural landscapes and the limited development of low-density, large-lot single-family residential estates. Selected locations adjoin existing neighborhoods of similar housing styles, as well as vacant areas with attractive rolling topography to maximize visual appeal. This zone generally lies beyond planned public utility service areas, which further suggests the need for low-density, larger lots to support on-lot wells and sewage disposal systems, or the option of resource/landscape management developments with open space. Permitted uses have been strictly limited to principal residences and related accessory uses. Finally, the option of resource/landscape management developments with open space and vegetative protection measures have been utilized to protect the "character" of the landscape and related natural habitats.

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory apartment	P	§ 415-401
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P
Bed-and-breakfast	C	§ 415-406; § 415-804
Campgrounds	C	§ 415-410; § 415-804
Cemetery	C	§ 415-427; § 415-804
Commercial livestock operation	C	§ 415-412; § 415-804
ECHO housing	P	§ 415-304.9
Event center	C	§ 415-409; § 415-804
Family day-care facility	C	§ 415-416; § 415-804
Forestry	P	§ 415-304.19
Golf course	C	§ 415-418; § 415-804
Home occupation	C	§ 415-425; § 415-804
Non-commercial keeping of livestock	P	§ 415-301.17
Place of worship and other related uses	C	§ 415-427; § 415-804
Private clubhouses	C	§ 415-436; § 415-804
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-304.22
Schools, public and private	C	§ 415-437; § 415-804
Single-family detached-dwelling	P
Riding stable	P	§ 415-304.15
Two-family conversion	P	§ 415-304.16
Wireless communication facilities	C	§ 415-448; § 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	Agricultural Uses	All Permitted Uses
Minimum lot size	10 acres**	3 acres
Minimum lot width
at building setback line	100 ft	250 ft
at lot frontage	60 ft	100 ft
Maximum building height
Principal structure	35 ft	35 ft
Accessory structure	85 ft***	15 ft
Maximum lot coverage
Impervious surface	10%	20%
Minimum setback
Principal
Front	50 ft	75 ft
Side	50 ft	50 ft
Rear	50 ft	50 ft
Accessory
Front	—	*
Side	—	15 ft
Rear	—	15 ft

*	All accessory uses shall not be permitted in front yard between principal building and front lot line.
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

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

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

Subdivision of land. For parent tracts great than 10 acres within Conservation Development Area B, any subdivision of land shall follow the provisions of § 415-220, Resource and Landscape Management Overlay.

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

§ 415-204 R-1 Residential Zone (R-1).

Purpose.

This zone is meant to accommodate suburban detached residential growth within the Township, in a manner that contributes to the creation of a community-wide greenway system for the benefit of present and future residents. This zone coincides with potential sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. All subdivisions and land developments shall be designed to accommodate public utilities as they become available.

In accordance with local planning goals, developments within this Zone are encouraged to use Resource and Landscape Management Overlay design. Such process aims to preserve any significant natural features or areas of severe development limitation. This Resource and Landscape Management Overlay approach includes provision of greenway land to help retrofit needed neighborhood and linear parklands, as suggested within the Township's Comprehensive Recreation and open space Plan.

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P
Commercial day-care facility	C	§ 415-411; § 415-804
Event center	C	§ 415-409; § 415-804
Family day-care facility	C	§ 415-416; § 415-804
Forestry	P	§ 415-304.19
Golf course	C	§ 415-418; § 415-804
Home occupation	C	§ 415-425; § 415-804
Non-commercial keeping of livestock	P	§ 415-301.17
Place of worship and other related uses	C	§ 415-427; § 415-804
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-301.17, § 415-304.22
Public vocational and mechanical trade school	P
Schools, public and private	C	§ 415-437; § 415-804
Single-family detached-dwelling	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	None	Public Water	Public Sewer	Both Public Water and Public Sewer	Agricultural Uses
Minimum lot size	1 acre	32,000 sf	20,000 sf	15,000 sf	10 acres**
Minimum lot width
at building setback line	280 ft	250 ft	125 ft	100 ft	100 ft
at lot frontage					60 ft
Maximum building height
Principal structure	35 ft	35 ft	35 ft	35 ft	35 ft
Accessory structure	15 ft	15 ft	15 ft	15 ft	85 ft***
Maximum lot coverage
Impervious surface	20%	25%	30%	35%	10%
Minimum setback
Principal
Front	40 ft	40 ft	40 ft	35 ft	50 ft
Side	40 ft	40 ft	40 ft	20 ft	50 ft
Rear	50 ft	50 ft	40 ft	35 ft	50 ft
Accessory
Front - Not allowed in front yard between principal building and front lot line.					—
Side	5 ft	5 ft	5 ft	5 ft	—
Rear	5 ft	5 ft	5 ft	5 ft	—

**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.
Note: Existing single-family lots, regardless of whether they are serviced by public or on lot utilities, are governed by the design requirements for lots utilizing both public sewer and public water except for the following minimum yard setback standards: Front - 35 feet, one side - eight feet, both sides 20 feet, and rear 35 feet.

Additional provisions.

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

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

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

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

Residential subdivision. For parent tracts great than five acres within Conservation Development Area B, any residential subdivision shall follow the provisions of § 415-220, Resource and Landscape Management Overlay.

Age restricted residential development.

This subsection provides a density bonus for a residential development that an applicant agrees to establish as being age restricted in compliance with the federal requirements for "Housing for Older Persons."

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

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

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

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

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

All age-restricted development shall fall under the requirements of § 415-220, Resource and Landscape Management Overlay Zone (RLMO). Additional provisions include the following:

Development must be served by both public sewer and public water services and shall only occur within Conservation Development Area B.

The following dwelling unit densities and dimensional standards shall be modified from those set forth in Table BB and Table CC:

Densities.

Gross density: three units per acre.

Net density: 5.5 units per acre.

Dimensional requirements.

	Single-Family Detached	Duplex	Townhouse
Minimum lot area (sf.)	6,000	3,250*	2,000*
Minimum lot width (ft.)	40	30*	20*
Minimum front yard (ft.)	20	20	10
Minimum side yard (ft.)	5	5	0; 15 Aggregate
Minimum rear yard (ft.)	20	20	20

*Per unit

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

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

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

Workforce housing.

This subsection provides a density bonus for a residential development that an applicant agrees to establish as being constructed for the purposes of workforce housing.

Workforce housing units shall be affordable for someone earning between 80% and 120% of the median household income in Cumberland County as determined by the latest census data.

Housing shall be deemed affordable provided that the costs of such housing including mortgage, amortization, taxes, insurance, and condominium or association fees, if applicable, constitute no more than 30% of such gross annual household income for a household size that may occupy the unit in question. In the case of dwelling units for rent, affordable means housing for which the rent and utilities constitute no more than 30% of such gross annual household income for a household of the size that may occupy the unit in question.

Minimum unit ratio. One workforce housing dwelling unit shall be provided for each four market-rate dwelling units.

Density bonus. One market-rate unit for each workforce housing dwelling unit provided on-site.

Minimum lot size bonus. The minimum lot size, as outlined within this district, may be reduced by 20% for all workforce housing units as well as for each market-rate dwelling unit at a ratio of four market-rate dwelling units for each one workforce housing dwelling unit.

A written agreement between an applicant for a development and Township containing specific requirements shall be created to ensure the continuing affordability of housing included in the development.

All individual units that are proposed without the use of public utilities will be required to be situated to one side of a wider lot so that future in-fill development potentials can be protected when public utilities become available.

§ 415-205 High Density Residential Zone (R-2).

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

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P
Boarding houses	C	§ 415-407; § 415-804
Commercial day-care facilities	C	§ 415-411; § 415-804
Conversion apartments	P	§ 415-304.17
Duplex	P
Family day-care facility	C	§ 415-416; § 415-804
Forestry	P	§ 415-304.19
Home occupation	C	§ 415-425; § 415-804
Medical residential campus	C	§ 415-429; § 415-804
Mobile home park	C	See Township Mobile Home Park Ordinance
Multi-family dwelling	P
Nursing home	C	§ 415-432; § 415-804
Place of worship and other related uses	C	§ 415-427; § 415-804
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-304.22
Quadraplex	P
Schools, public and private	P
Single-family detached-dwelling	P
Townhouse	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	Single-Family Dwelling	Duplexes	Town-Houses	Multiple Family	Other Uses	AG Uses
Minimum lot size	10,000 sf	6,000 sf*	2,000 sf*	2 acres	1 acre	10 acres**
Minimum lot width
at building setback line	80 ft	50 ft*	20 ft*	200 ft	200 ft	100 ft
at lot frontage						60 ft
Maximum building height
Principal structure	35 ft	35 ft	35 ft	35 ft	35 ft	35 ft
Accessory structure	15 ft	15 ft	15 ft	15 ft	15 ft	85 ft***
Maximum lot coverage
Impervious surface	35%	35%	60%	60%	30%	10%
Minimum setback
Principal
Front, on local/collector street	40 ft	40 ft	40 ft	50 ft	40 ft.	50 ft
Front, on arterial street	50 ft	50 ft	50 ft	50 ft	50 ft	50 ft
Side	15 ft	25 ft	15 ft (end	30 ft	30 ft	50 ft
Rear	35 ft	30 ft	30 ft	50 ft	50 ft	50 ft
Accessory
Front - Not allowed in front yard between principal building and front lot line.						—
Side	5 ft	5 ft	5 ft	5 ft	5 ft	—
Rear	5 ft	5 ft	5 ft	5 ft	5 ft	—
Required public utilities	Both public water and public sewer
Maximum net density (du/ac)	4	5	5	5	—

*	Per unit
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

Residential subdivision. For parent tracts greater than three acres within Conservation Development Area B, any residential subdivision shall follow the provisions of § 415-220, Resource and Landscape Management Overlay.

Age restricted residential development.

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

All age-restricted development shall fall under the requirements of § 415-220, Resource and Landscape Management Overlay Zone (RLMO). Additional provisions include the following:

Development must be served by both public sewer and public water services and shall only occur within Conservation Development Area B.

The following dwelling unit densities and dimensional standards shall be modified from those set forth in Table BB and Table CC:

Densities.

Gross density: five units per acre.

Net density: seven units per acre.

Dimensional requirements.

	Single-Family Detached	Duplex	Townhouse	Multi-Family
Minimum lot area (sf.)	5,000	2,500*	1,750*	1 acre
Minimum lot width (ft.)	30	25*	18*	100
Minimum front yard (ft.)	10	10	10	20
Minimum side yard (ft.)	5	5	0; 15 Aggregate	0; 15 Aggregate
Minimum rear yard (ft.)	20	20	20	25

* Per unit

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

Waste products. All dumpsters used to service multi-family dwellings shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or "sight-tight" fenced enclosure equipped with a self-latching door or gate and screened from any adjoining roads and/or properties. Dumpsters shall not be permitted within a front yard.

§ 415-206 Village Residential Zone (R-3).

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

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P
All other residential uses	C	§ 415-447; § 415-804
Bed-and-breakfast	C	§ 415-406; § 415-804
Boarding houses	C	§ 415-407; § 415-804
Conversion apartments	C	§ 415-415; § 415-804
Duplex	P
Family day-care facility	C	§ 415-416; § 415-804
Forestry	P	§ 415-304.19
Historic apartment conversions	C	§ 415-424; § 415-804
Home occupation	C	§ 415-425; § 415-804
Non-commercial keeping of livestock	P	§ 415-301.17
Off-street/off-site parking	C	§ 415-433; § 415-804
Place of worship and other related uses	C	§ 415-427; § 415-804
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-304.22
Schools, public and private	P
Single-family detached-dwelling	P
all other residential uses	C	§ 415-447; § 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	Single-Family Dwelling	Duplexes	Other Uses	Agricultural Uses
Minimum lot size	6,000 sf	6,000 sf*	6,000 sf	10 acres**
Minimum lot width
at building setback line	60 ft	40 ft*	60 ft	100 ft 60 ft
Maximum building height
Principal structure	35 ft	35 ft	50 ft	35 ft
Accessory structure	15 ft	15 ft	15 ft	85 ft***
Maximum lot coverage
Impervious surface	35%	35%	70%	10%
Minimum setback
Principal
Front	20 ft	20 ft	20 ft	50 ft
Side	16 ft	10 ft	20 ft	50 ft
Rear	30 ft	30 ft	30 ft	50 ft
Accessory
Front - Not allowed in front yard between principal building and front lot line.
Side	5 ft	5 ft	5 ft	—
Rear	5 ft	5 ft	5 ft	—
Required public utilities	Both public water and public sewer

*	Per unit
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

Design features/bonus incentives. See the Township's Subdivision and Land Development Ordinance.

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

§ 415-207 Village Overlay Zone (VO).

In compliance with Sections 605.(2) and 605.(3) of the Act, this Zone provides an optional set of design standards that can be applied to property located within the R-1 and R-2 Residential Zones. These optional design standards seek to achieve a "village" type setting that is characteristic of much of Cumberland County's built environment and heritage. All of the design standards of this Zone are vital if the "village" atmosphere is to be achieved. While many of the following requirements deal with issues that typically transcend zoning jurisdiction, they are provided as design options, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township.

It is the intent of the Board of Supervisors to implement Article VII - A of the Municipalities Planning Code, Traditional Neighborhood Development, by providing standards for traditional neighborhood development as a new development, as an outgrowth or extension of existing development and as a form of infill.

It is the further intent of the Board of Supervisors to encourage flexibility, economy, and ingenuity in the development of tracts within this Zone. To this end, the Board of Supervisors shall, by conditional use approval, permit the developer to modify the design standards of this § 415-207 if such modification will enable the design of a better development. It is the specific intent of the Board of Supervisors to permit developers to consider and utilize innovative methods of design.

Development objectives.

Some of the specific development objectives of the Zone include the design and construction of neighborhoods that:

Are distinct in their incorporation of important natural and cultural features;

Provide for a diversity of housing types, sizes, and costs with particular emphasis on scattered-site affordable housing opportunities;

Provide for convenient vehicular access to the neighborhood's edge but increased reliance upon pedestrian movements within its bounds;

Integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities;

Make efficient use of local infrastructure and services;

Reflect the historic and traditional building styles so abundant within the region;

Reserve and feature civic uses and open spaces as community focal points;

Provide safe, efficient, and compatible linkages with existing nearby land uses, streets, sidewalks, etc.;

Invite regular and frequent social interaction among its inhabitants; and

Blend all of these above-described features in a way that promotes community identification and a "sense-of-belonging" for the residents.

These development objectives will be used as a measure of conformance with any proposed development within this Zone.

Relationship to other ordinances and sections of this Zoning Ordinance. The provisions of this section create a conditional use overlay zone, which may be applied to lands within the R-1, and R-2 Zones. This zone may only be applied to property upon approval by the Board of Supervisors and written acceptance by the landowner of all requirements of this section, and any valid conditions of approval attached by the Board of Supervisors. Such overlay zone establishes different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Township shall remain in full force.

Severability and repealer. Should any part of this section be declared invalid by the courts, the entire § 415-207 shall be automatically repealed.

Review procedures. All proposals within this Zone are considered and shall be governed by the application and review procedures for conditional uses according to § 415-804 of this chapter. The remaining requirements of this Zone shall be used as the specific criteria for evaluating the approval of any conditional use(s).

Permitted uses.

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

Public and/or nonprofit parks;

Churches and related uses;

Single-family detached dwellings;

Duplexes;

Townhouses with no more than five units per building;

Quadruplexes;

Accessory building apartments with no more than one dwelling unit, subject to the criteria listed in § 415-401 of this chapter;

Home occupations subject to the criteria listed in § 415-425 of this chapter;

Family day-care subject to the criteria listed in § 415-416 of this chapter;

(11)

The following locally oriented commercial uses:

Barber, beauty, tanning, and health salons;

Tailors, off-site dry cleaning, and shoe repair services;

Retail sales and/or rental of goods such as, but not limited to, antiques, apothecaries, packaged beverages, recorded music and video materials, books, clothing, confections, dry goods, flowers, fresh or packaged food, furniture, gifts, hardware, jewelry, newspapers, notions, personal and household supplies, photographic supplies, sporting goods, stationery, and tobacco (excluding adult-related uses);

Delicatessens, bakeries, ice cream shops, caterers, restaurants (with or without alcohol), provided no drive thru facilities are used;

Photographic, music, art and dance studios;

Professional, medical, and/or dental offices;

Banks, including outdoor tellers if pedestrian-oriented, and similar financial institutions, provided no drive thru facilities are utilized; and

Repair of clocks, jewelry, cameras, electronics, and small household appliances.

Commercial day-care facilities, subject to the criteria listed in § 415-411;

Accessory uses customarily incidental to the above permitted uses.

Greenway land.

Minimum area requirements and maximum permitted density.

Minimum area. All applications for this Zone shall contain no less than 15 contiguous acres, adjusted tract area. However, applications that expand previously approved Village Overlay Zone development shall have no minimum area requirements.

Maximum permitted density.

The maximum residential density shall be as follows:

R1 District: four dwelling units/acre, ATA.

R2 District: eight dwelling units/acre, ATA.

Accessory building apartments do not count towards the maximum density.

Where land is devoted to locally oriented commercial uses, such area shall be delineated on the plan as a separate lot, to be subtracted from the land area used to calculate maximum residential density.

No minimum lot area is established for individual dwelling units.

Required mixture of uses. Village Overlay Zone developments of 40 or fewer dwelling units shall provide a mixture of uses that conform with the following ratios or adjusted tract acreage:

Use	Required Percentage Land Area or Number of Units
Greenway land	Minimum 40% of ATA, for the R1 zone; minimum 30% of ATA, for the R2 zone
Formal greens, commons, squares and parks	Minimum 15% of greenway land
Single-family detached dwellings	Minimum 35% of dwelling units
Other dwellings (duplexes, townhouses, quadraplexes)	Maximum 65% of dwelling units (no minimum)
Local commercial uses	Maximum 5% of ATA (no minimum)

Village Overlay Zone developments of more than 40 dwelling units shall provide a mixture of uses that conform with the following ratios or adjusted tract acreage:

Use	Required Percentage Land Area or Number of Units
Greenway land	Minimum 40% of ATA, for the R1 zone; minimum 30% of ATA, for the R2 zone
Formal greens, commons, squares or parks	Minimum 15% of greenway land
Single-family detached and other (duplexes, townhouses, quadraplexes), Dwellings	Minimum of 2 dwelling types, with no more than 65% of units of any one dwelling type
Local commercial uses	Maximum 5% of ATA (no minimum)

Maximum coverage. In no case shall more than 65% of the ATA of a Village Overlay Zone development site be covered with buildings and/or other impervious surfaces.

Architectural considerations. All proposals within the Village Overlay Zone must incorporate architectural treatments and styles that complement the Township's historic resources. All applications shall include the preparation of textual and (typical) graphic descriptions by a Commonwealth-registered architect, of proposed architectural features and styles, which shall be presented to the Township Planning Commission and Board of Supervisors and analyzed with the following criteria:

Proportion of building's front facades. The relationship between the width of the front of the building and the height of the front of the building.

Proportion of openings within the building. The relationship of width to height of windows and doors.

Rhythms of solids to voids in the front facade. Since rhythm is a repeated and recurrent alteration of strong and weak architectural elements, a rhythm of masses to openings in a building should be maintained.

Rhythm of spacing of buildings on streets. In moving past a series of buildings, a rhythm of recurrent or repeated building masses to spaces between them should be experienced.

Rhythm of entrance and/or porch projections. Moving past a series of structures, one experiences a rhythm of entrances or projections at an intimate scale.

Relationship of materials. Within an area, the predominant materials may be brick, stone, stucco, wood siding, or other approved material.

Relationship of textures. The pre-dominant textures of an area may be smooth, such as stucco, or rough as brick with tooled joints or horizontal wood siding, or other textures.

Walls of continuity. Physical ingredients, such as brick walls, wrought iron fences, evergreen landscape masses, building facades, or combinations of these form continuous, cohesive walls of enclosures along the street.

Relationship of landscaping. There may be a predominance of a quality and quantity of landscaping, although emphasis herein shall be with the amounts and continuity of landscaping.

Paving materials. There may be a predominance in the use of brick pavers, cobblestones, granite blocks or approved others.

(11)

Directional expression of front elevation. Structural shape, planning of openings and architectural detail may provide a predominantly vertical, horizontal, or non-directional character to the building's facade.

(12)

Scale. Scale is created by the size of units of construction and architectural detail that relate to the size of man. It can also be determined by building mass and how it relates to open space. The major elements of scale may be brick or stone units, window or door openings, porches, and balconies, etc.

(13)

Relationship of color. Insofar as the mass and detail, such as trim, are concerned, a predominant color that may be of a natural material or a patina colored by time. Blending colors of trim is also a factor.

(14)

Relationship of architectural details. Architectural details and their relationship to the structure in question and adjacent ones, including, but not limited to, cornices, lintels, arches, quoins, balustrades and ironwork, chimneys, etc.

(15)

Relationship of roof shapes. Buildings should have compatible roof shapes, such as gable, mansard, hip, flat, gambrel and/or other kinds of roof shapes.

(16)

A description of any non-structural site improvements (buffering, landscaping, and screening) that will be used to protect the integrity of the historic resources.

Design requirements.

Lot design standards.⁶ See following table:

Permitted Dwelling Type	Minimum Lot Width at Building Line	Maximum Lot Coverage³	Front Build-to Line¹	Minimum Yard Setbacks²
Permitted Dwelling Type	Minimum Lot Width at Building Line	Maximum Lot Coverage³	Front Build-to Line¹	One Side	Both Sides	Rear
Single-family detached⁴	50 ft.	50%	10 to 15 ft.	6 ft.	12 ft.	20 ft.
Duplex	40 ft. per unit	70%	10 to 15 ft.	6 ft. per unit	N/A	20 ft.
Townhouse⁵	18 ft. per unit	62.5% or 80%⁷	10 to 15 ft.	10 ft. end units	N/A	20 ft.
Quadraplex	30 ft. per unit	70%	10 to 15 ft.	10 ft. end units	N/A	20 ft.

¹	No less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line; except, however, no less than 50% of any townhouse or quadruplex building must be located on the front build-to line. Front build-to lines shall be measured between the edges of the street right-of-way and the closest facade of the building; including porches. No part of any building shall extend closer to a street than the front build-to line.
²	Required setbacks for accessory structures shall be six feet from rear and side lot lines. No accessory buildings shall be permitted within the front yard.
³	Maximum lot coverage requirements shall not apply to porches located within the front yard.
⁴	In addition to the principal dwelling, an accessory building apartment is permitted by special exception, subject to the criteria listed in § 415-401. Such accessory building apartments shall not be calculated as part of the maximum permitted density depicted for single-family detached dwellings in this table.
⁵	No townhouse building shall contain more than five units. For each townhouse building containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be five feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives, or parking facilities contained on commonly-held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the following separation distances will be provided between each building:
	a.	Front to front, rear to rear, or front to rear parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.
	b.	A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
	c.	A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
	d.	All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly-held lands.
⁶	See § 415-304.22 for public utilities structures.
⁷	The maximum lot coverage requirements for townhouses shall be a maximum of 62.5% for end units (end units being defined as townhouse units having only one common party wall), and 80.0% for interior units (interior units being defined as townhouse units having two or more common party walls).

Residential building design standards. All residences shall comply with the following:

Building height. All principal residences shall be between 1 1/2, and three stories in height. Accessory buildings shall be no more than 15 feet high unless an accessory apartment is provided; in such cases, an accessory building can extend up to two stories;

Building orientation and porches. All residential buildings' main entrances shall face the lot's front yard. At least 50% of all detached dwellings located along a public street within the same block shall include porches within the front yard. When a dwelling with a porch is located on a corner lot, the porch shall extend parallel along both front lot lines; and

Building relationship to greenway land. A minimum of 50% of residential dwelling units shall directly adjoin greenway land or face such lands across a street.

All quadruplexes must be designed to resemble one single-family detached dwelling.

Vehicular access and parking requirements for residences. All driveways and off-street parking shall be provided within the rear yard. Driveway widths shall range between 10 and 12 feet. However, one joint-use driveway shall be permitted to extend into the front yard to connect with a public street, along a common lot line serving at least two adjoining residences. In no case shall any joint-use driveway serve more than four dwelling units. Joint-use driveways must have a minimum width of 16 feet.

For purposes of this Zone, § 415-300.2 of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots must front along a commonly held green, and have direct access to a public alley, or a joint-use driveway. In such cases, the lot's front yard shall be that which is along the green. Furthermore, the lot's front build-to line shall be measured from the edge of the green;

Commercial design requirements. Within the Village Overlay Zone, those locally oriented commercial uses listed in § 415-207H(11) shall be permitted in one or a combination of the two following alternative design schemes:

Commercial courtyard. This design scheme provides for a centralized pedestrian-oriented commercial courtyard that provides a maximum separation of commercial patrons from vehicular traffic:

Where practicable, all commercial land uses shall be centralized within one area, which is generally equidistant from the peripheral edges of the development, or any adjoining residential neighborhood whose residents, would also patronize the commercial courtyard;

Commercial courtyards shall also be integrated upon a system of sidewalks and/or pedestrian pathways, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the commercial courtyard;

Where practicable, commercial courtyards will be contiguous or directly across a street from common greens as required by § 415-207O(4)(b) of this chapter. Furthermore, commercial courtyards shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.);

Commercial courtyards shall consist of greens, commons, or squares and contain one minimum twelve-foot-wide pedestrian path, which generally runs perpendicular from adjoining streets. Such pedestrian path shall have a dust-free impervious surface with lamp posts, trash receptacles, shade tree beds, pedestrian benches, and similar amenities;

Each commercial building's main facade, sign, and customer entrance shall front on the commercial courtyard or a centrally located green. At least 50% of the commercial buildings' main facades shall be placed upon a five-foot build-to-line, as measured from the nearest edge of the courtyard's pedestrian path or edge of the green; however, this requirement can be waived for outdoor cafes, so long as a three-foot-high fence is placed along the same build-to-line;

Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they architecturally and visually complement the overall appearance and function of the commercial courtyard. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise, and litter;

One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the courtyard's pedestrian path. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours;

Signs for commercial uses within the commercial courtyard shall only include flat wall signs or wall projecting signs. Overall sign size shall be limited to six square feet per sign, per business. Each business will be permitted one such sign along the courtyard pedestrian path, plus another oriented to its street side. The commercial courtyard is also permitted one freestanding archway, which crosses over the common pedestrian path. Such archway must be used to identify a common name of the commercial courtyard;

Parking and loading. In a commercial courtyard development, the commercial buildings shall face the courtyard directly or across a street. Where such a street is provided, on-street parallel parking spaces may be provided and may count towards the parking requirement. All remaining required parking shall be located to the rear of the commercial building, with up to 10% of the required parking permitted in the side yard. As an alternative, off-street parking and loading can be provided on a separate common area shared by adjoining businesses. Such common parking and loading shall be not more than 300 feet from any of the uses it serves, shall be linked via a sidewalk to the courtyard's common pedestrian path, and shall be screened from the common pedestrian path, adjoining roads, and adjoining residential areas;

Required off-street parking.

Off-street parking lot design standards shall follow those specified for all commercial uses contained within § 360-603 of the SLDO. All off-street parking for commercial uses shall be set back no less than 25 feet from any adjoining property used principally for residential purposes. Furthermore, any street access to any off-street parking space must be set back at least 40 feet from the right-of-way lines of any intersecting street, or five feet from a fire hydrant;

For each commercial use, one upper-floor apartment with a separate ground level access and one off-street parking space must be provided;

(l)

No business shall comprise more than 6,000 square feet of gross floor area (excluding the upper-floor apartment);

(m)

Lot area requirements. There is no minimum lot area; however, a lot shall be created for commercial uses, located along the right-of-way meeting the standards of the VO district;

(n)

Perimeter buffer requirements. A twenty-five-foot wide landscape buffer strip shall be provided where a commercial use adjoins a tract containing residential uses;

(o)

Maximum lot coverage. 90%;

(p)

Minimum required setbacks.

See following table:

Use	Front Yard	Side Yards Abutting Other Commercial Uses	Side Yards Abutting Public or Residential Uses	Rear Yard
Building	10 ft. minimum, 25 ft. maximum	None	25 ft.	See § 415-207N(2)(p)
Off-street parking	See § 415-207N(1)(j)	None	25 ft.	Not permitted
Off-street loading	10 ft.	None	50 ft.	Not permitted
Dumpster	Not permitted	N/A	50 ft.	Not permitted

Any off-street parking space must be set back at least 40 feet from the right-of-way lines of any intersecting street, and five feet from a fire hydrant.

(q)

Required off-street loading. See § 360-603 of the Subdivision and Land Development Ordinance;

(r)

Height requirements. All buildings shall have two, 2 1/2, or three stories;

(s)

Outdoor storage. No outdoor storage is permitted;

(t)

Waste products. All dumpsters shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or "sight-tight" fenced enclosure equipped with a self-latching door or gate and screened from any adjoining roads and/or properties.

(u)

Architectural considerations. All commercial buildings are subject to the regulations of § 415-207L;

(v)

(w)

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

Main street setting. This design scheme provides for a centralized main street streetscape similar to that characterized by many of the historic villages and boroughs of the county.

Unless impractical, all commercial land uses shall be centralized within one area, which is generally equidistant from the peripheral edges of the development, or any adjoining residential neighborhood whose residents would also patronize the commercial uses;

Main street settings shall be integrated upon a system of sidewalks, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the main street area;

Where practicable, main street settings will be contiguous to or directly across a street from, common greens as required by § 415-207O4(b) of this chapter. Furthermore, main street settings shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.);

Main street settings shall require that commercial uses front along a new arterial or collector road serving the development;

Main street settings shall include sidewalks with lamp posts, trash receptacles, pedestrian benches, shade trees, and other similar amenities;

Each commercial building's facade, sign, and customer entrance must be oriented toward its adjoining street. At least 50% of the commercial buildings' main facades shall be placed upon a five-foot front build-to-line; however, this requirement can be waived for outdoor restaurant cafes, so long as a three-foot-high fence is placed along the same build-to-line;

Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted so long as they architecturally and visually complement the overall appearance and function of the main street setting. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise and litter;

One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the main street sidewalk. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours;

Signs for commercial uses within the main street setting shall only include flat wall signs or wall projecting signs. Overall sign size shall be limited to six square feet per business. Each business will be permitted only one such sign. Another two square foot wall sign is permitted facing the building's off-street parking area;

Required parking and loading.

Minimum required off-street parking spaces for commercial uses are computed on the basis of one per 300 square feet of total floor area, except that convenience stores, and/or offices of physicians, dentists, and veterinarians shall require one space per 200 square feet of total floor area. Required off-street loading spaces shall be determined by the SLDO. Such off-street parking and loading areas shall be located behind any commercial building in the rear yard. All off-street parking and loading space areas shall be provided on an integrated basis so that all uses are physically interconnected and share available parking and loading spaces. Cross access easements to ensure such integration shall be required in language acceptable to the Township's Solicitor. For the purposes of this Zone, the schedule of required parking spaces listed in the SLDO shall not apply. However, all other design standards shall be enforceable. All vehicular access to such areas shall be via common access drives, preferably not directly from the main street area, but from an intersecting side street.

In addition to the above-described off-street parking, on-street parking shall be provided as parallel parking along any side of the street upon which commercial uses front;

For each commercial use, one upper-floor apartment with a separate ground-level access and one off-street parking space must be provided;

(l)

No business shall comprise more than 6,000 square feet of gross floor area (excluding the upper-floor apartment);

(m)

Lot area requirements. There is no minimum lot area, however, a lot shall be created for commercial uses, meeting the standards of the VO district.

(n)

Perimeter buffer requirement. A twenty-five foot wide landscape buffer strip shall be provided where a commercial use adjoins a tract containing a residential use;

(o)

Maximum lot coverage. 90%;

(p)

Minimum required setbacks. See the following table:

Use	Front Yard	Side Yards Abutting Other Commercial Uses	Side Yards Abutting Non-Commercial Uses	Rear Yard Abutting Other Commercial Uses	Rear Yard Abutting Non-Commercial Uses
Building off-street parking	See § 415-207N(2)(f)	None	0 ft.	50 ft.	50 ft.
Building off-street parking	Not permitted	None		None	15 ft.
Off-street loading dumpster	Not permitted	None	25 ft.	None	25 ft.
Off-street loading dumpster	Not permitted	None	50 ft.	None	50 ft.

(q)

Height requirements. All buildings shall have two, or 2 1/2 stories;

(r)

Outdoor storage. No outdoor storage is permitted;

(s)

(t)

(u)

Greenway land design requirements. As specified in § 415-207J, a minimum of 40% (R1 zone) or 30% (R2 zone), of the adjusted tract area, shall be devoted to greenway land that complies with the following standards:

Greenway land shall be delineated in accordance with the standards in § 360-618 of the Subdivision and Land Development Ordinance.

The greenway land shall be located and designed to add to the visual amenities of villages and to the surrounding area, by maximizing the visibility of greenway land as terminal vistas at the ends of streets or along the outside edges of street curves, and as perimeter greenbelts. Greenbelts shall be designed to provide buffers and to protect scenic views as seen from existing roadways and from public parks.

Greenway land shall consist of two types: natural and formal.

Natural greenway land consists of, but is not limited to: agricultural lands, meadows, woodlands, specimen trees, hedgerows, wetlands, floodplain, and steep slopes.

Formal greenway land consists of greens, commons, squares, and parks that are defined by building walls, streets, and street trees.

Greens, commons, squares, and parks. No less than 15% of the greenway land shall be devoted to formal greenway land.

Greens, commons, squares and parks shall be distributed throughout villages, in residential neighborhoods, and, when included, the village commercial area.

Common Greens in village commercial areas. When commercial uses are proposed, a central village green shall be required. The central green shall be designed as an attractive gathering place for village residents in both day and evening and:

Shall border on the principal street running through the commercial area, or be located so as to constitute the "terminal vista" of that street;

Should be surrounded by buildings on all sides, and shall be surrounded by streets on at least three sides;

Shall be located within 1,500 feet of 80% of all dwelling units in the village. Alternatively, two smaller common greens at least 6,000 square feet in area may be substituted for the central green, in order to meet this proximity standard;

Shall be of pedestrian scale, between 20,000 and 40,000 square feet in area, and shall be no longer or wider than 300 feet;

Should ideally be surrounded by two-story development that may include residential, civic and institutional uses in addition to commercial uses;

Shall be landscaped using elements of formal gardens including walkways, monuments, statues, gazebos, fountains, park benches and pedestrian scale lampposts.

Smaller greens, commons and squares, at least 5,000 square feet and no larger than 30,000 square feet, shall be dispersed throughout the village in such a way that no lot is more than 1,250 feet from a green, common or square.

All greens, commons, and squares shall be planted with shade trees along their edges, at intervals not greater than 40 feet.

The visibility of greens, commons, and squares shall be maximized by locating greenway land in "terminal vista" locations as often as possible, such as the ends of streets at 3-way intersections or occupying a corner of a 4-way intersection.

Greens, commons, and squares shall contain no more than 15% impervious coverage.

Permanent protection, ownership, and management of greenway land. This chapter shall apply.

Streets, sidewalks, and alleys. Within the Village Overlay Zone, the following design standards shall be applied to streets, sidewalks, and alleys:

The following table lists required street, sidewalk, and alley widths:

Functional Street Classification	Number of Travel Lanes	Number of Parallel Parking Lanes	Minimum Required Cartway Width	Minimum Required Sidewalk and Related Planting Strip Width¹	Minimum Required R.O.W. Width
Arterial or collector	2	2	40 ft.	20 ft.	60 ft.
Local	2	2	36 ft.	20 ft.	56 ft.
Local	2	1	28 ft.	20 ft.	48 ft.
N/A	2-way alleys	0²	16 ft.	0	16 ft.
N/A	1-way alleys	0²	11 ft.	0	11 ft.
N/A	1-way access drives	0	9 ft.	0	9 ft.
N/A	2-way access drives	0	18 ft.	0	18 ft.
N/A	Joint-use driveway	0	16 ft.	0	16 ft.

¹	Sidewalks shall be provided in accordance with § 415-207P(5) of this chapter.
²	No parking shall be permitted within alleys.

Block design.

Villages shall be designed in a rectilinear pattern of blocks and interconnecting streets and rear lanes, defined by buildings, landscaping, pedestrian ways, sidewalks, and street furniture. However, to avoid the monotony of a rigid grid layout and to better conform to the natural terrain, streets may include frequent gentle curves.

The maximum block length shall be 800 feet, with mid-block footpaths connecting to sidewalks or other paths when block length exceeds 500 feet.

Rectilinear blocks of the dimensions required above may be reshaped at the discretion of the Township when topography, existing vegetation, or hydrology considerations influence block shape and size.

The use of cul-de-sacs is forbidden unless necessitated by steep slopes, streams, or wetlands. All cul-de-sacs shall be accompanied by a plan for future street connections;

All public streets that connect with existing arterial or collector roads (as identified within § 360-25C of the SLDO) provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum centerline turning radius of 150 feet. (See § 415-300.3 of this chapter). All other roads shall be designed with a minimum centerline turning radius of 80 feet. All intersections of driveways, joint-use driveways, access drives, and/or streets shall provide a clear sight triangle in accordance with § 360-602 of the SLDO;

Both sides of all public streets shall be lined with five-foot-wide sidewalks, and five-foot-wide sidewalk planting strips; however, where sidewalks directly abut on street parking spaces fronting commercial uses, such sidewalks shall be at least eight feet wide. Sidewalks and sidewalk planting strips shall weave beside, and in-and-out of, one another. At driveway, access drive, and street intersections, all sidewalks shall include aprons for access by handicapped persons according to standards contained within the latest version of the Americans with Disabilities Act. Sidewalk planting strips shall stop no less than 20 feet from the curb line of an intersecting street; in these areas, ten-foot-wide sidewalks shall be provided. In addition, sidewalk planting strips can be replaced with ten-foot-wide sidewalks at locations of passive pedestrian nodes (e.g., benches, fountains, public transit stops, and access points of public uses and parks). One shade tree shall be provided every 50 feet, or fraction thereof, of linear sidewalk planting strip.

Public utility and service requirements. All proposals within the Village Overlay Zone must comply with the following:

Both public sewer and public water shall be used throughout the development;

Where practicable, the retention and regenerative percolation of stormwater runoff shall be located within common passive open spaces;

All utility lines shall be located underground and within public streets, alleys, or other public rights-of-way. Any required utility structures, buildings, pump stations, transformers, or other similar devices shall be screened from adjoining properties and roads;

All public streets shall be provided on one, or both, side(s) with street lights. Such street lights shall be placed every 100 lineal feet and shall be of such design and light intensity to complement the development's architecture;

Bus stops shall be placed at appropriate location(s) along major roads serving the proposed development. Their distribution shall be such that no residence within the development shall be situated more than 1,000 feet from its bus stop. Furthermore, the selection of bus stops shall be logically connected with any existing bus routes. Bus stops shall consist of a minimum pedestrian node consisting of 10 x 20 foot sidewalk section, one permanently anchored park bench, and a shade tree. Such bus stops shall be provided, even if existing bus routes do not currently serve the area; and

Applicants are required to obtain a letter from the Emergency Management Coordinator of the company that would provide first-call service to the proposed development. Such letter should describe any foreseeable problems regarding fire protection for the proposed development. Particular attention should focus upon the location of fire hydrants and street turning radii.

Subsequent revisions within the Village Overlay Zone.

Except as provided in the next §§ 415-R(2) and 415-R(3), any change proposed within a previously approved Village Overlay Zone will require the obtainment of a conditional use according to the procedures and standards listed in § 415-804 of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of § 415-207 and other applicable provisions of this chapter, as well as any conditions of approval attached to the original approval;

Minor revisions of existing uses which were previously approved as part of a Village Overlay Zone are permitted by right, if they:

Do not violate any design standards specifically imposed upon the proposed use and its site;

Do not change any principal use;

Do not violate any of the standards imposed upon the entire development;

Do not violate any conditions attached to the original approval of the Village Overlay Zone; and

Do not adversely affect the architecture of the approved existing development.

The following accessory uses may be established by conditional use, subsequent to approval of a Village Overlay Zone development, subject to their respective specific criteria and the rules and procedures of § 415-804.3 of this chapter:

Home occupations (see § 415-425 of this chapter);

Family day-care (see § 415-416 of this chapter); and

Accessory apartments (see § 415-401 of this chapter).

Modifications of design standards.

The Board of Supervisors may, by conditional use approval, permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for Village development, as required by § 415-207, also make application for conditional use approval under this section. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards shall be subject to the following standards:

Such modifications of design standards better serve the intended purposes of this Zone, as expressed in § 415-207A;

Such modifications of design standards would not result in adverse impact to adjoining properties, nor future inhabitants within the Village Overlay Zone development;

Such modifications will not result in an increase in residential densities permitted for the site; and

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria.

§ 415-208 Mixed Use A Zone (MUA).

Purpose. The Mixed-Use A (MUA) is divided into five core areas intended to accommodate a diversity of land uses, building scale and development character. These areas have different permitted uses, dimensional requirements and design standards to align with existing adjacent developments. This MUA encourages a mix of residential, commercial, and civic uses in a pedestrian-oriented, main street-type layout while restricting the industrial uses to the west of Hempt Road, adjacent to other neighboring industrial uses. Design standards will be required to ensure the character of the community will not be compromised.

Applicability.

The boundaries of the MUA can be found on the Silver Spring Township Zoning Map.

Establishment of areas.

This district is divided into five areas; these areas determine the set of applicable land uses, dimensional requirements and design standards. The areas are as follows:

Retail/Commercial Core Area;

Residential/Civic Core Area;

Business Park Area;

Municipal Use Area; and

Greenway Area.

A map identifying the boundary of the areas is located on file in the Township Municipal Building.

Permitted uses.

Retail/Commercial Core Area permitted uses: The uses that are permitted by right and by conditional use in the C-2 Community Commercial Zone are permitted by right in the Retail/Commercial Core Area. In addition, nursing, rest or retirement homes shall also be permitted by right in the Retail/Commercial Core Area.

Residential/Civic Core Area permitted uses. The following uses are permitted by right in the Residential/Civic Core Area:

Townhouses.

Multi-family dwellings.

Duplexes.

Commercial day-care facilities.

Parks and playgrounds.

Places of worship and related uses.

Retail sales and/or goods.

Retail services.

Offices.

Financial institutions.

Medical or dental clinics.

Business park core area permitted uses. The uses that are permitted by right and by conditional use in the I-1 Light Industrial and I-2 General Industrial Zones are permitted by right in the Business Park Core Area.

Municipal area permitted uses. Determined by the provisions of the Township.

Greenway core area permitted uses. The following uses are permitted by right in the greenway Core Area:

Parks and playgrounds.

Conservation.

Community gardens.

Trails.

Uses permitted throughout the entire MUA Zone:

Agriculture/agricultural operation.

Non-commercial keeping of livestock.

Dimensional requirements.

Dimensional requirements are only listed for the areas Retail/Commercial (see Table X), Residential/Civic (see Table Y) and Business Park (see Table Z).

The Municipal Use Area and the greenway Area shall conform to the dimensional requirements of the base zoning district.

Table X
Retail/Commercial Core Area
Minimum lot size	10,000 sf
Minimum lot width	100 ft
Maximum height	60 ft
Front yard setback	Minimum 0 ft Maximum 20 ft
Minimum side yard setback	0 ft attached 25 ft detached
Minimum rear yard setback	25 ft
Maximum lot coverage	75%
Maximum density	20 DU/acre
Maximum DU per building	50

Table Y
Residential/Civic Core Area
	Townhouse	Multi-Family	Nonresidential
Minimum lot size	1,350 sf per DU	10,000 sf	10,000 sf
Minimum lot width	18 ft per DU	100 ft	100 ft
Maximum height	45 ft	60 ft	60 ft
Minimum front yard setback	10 ft	15 ft	15 ft
Minimum side yard setback	0 ft attached 5 ft detached	0 ft attached 25 ft detached	0 ft attached 25 ft detached
Minimum rear yard setback	5 ft	25 ft	25 ft
Maximum lot coverage	75 %	75 %	75%
Maximum density	10 DU/acre	10 DU/acre	N/A
Maximum DU per building	8	50	N/A

Table Z
Business Park Area
Minimum lot size	1 acre
Minimum lot width	200 ft
Maximum height	55 ft (80 ft if setback minimum of 300 ft from Hempt Rd or Carlisle Pike)
Minimum front yard setback	50 ft
Minimum side yard setback	30 ft
Minimum rear yard setback	35 ft
Maximum lot coverage	80%

Design standards. Within the MUA, only the Retail/Commercial and Residential/Civic Core Areas shall follow specific design standards.

Retail/Commercial Core Area design standards. Development in the Retail/Commercial Core Area shall be subject to the following design standards:

Use standards.

One or more uses or buildings are permitted on a single lot.

Additional standards.

Access standards. No new access drive or driveway directly connecting to the Carlisle Pike shall be permitted.

Plaza standards.

A minimum of one plaza shall be located at the Carlisle Pike and Hempt Road intersection.

The plaza must be at least 300 contiguous square feet and include improvements such as pavers, gazebos, pavilions, pergolas, arbors, trellises, seating, planters, plantings, lighting, sculptures, fountains or other decorative treatments.

The plaza shall be accessible by sidewalk, walkway, trail, or bicycle path or lane from all buildings, lots, neighborhood within the Residential/Civic Core Area.

Residential/Civic Core Area design standards. Development in the Residential/Civic Core Area shall be subject to the following design standards:

Use standards.

One or more use or building is permitted on a single lot.

Permitted nonresidential uses shall only be located on corner lots located at the intersection of Hempt Road and another street.

Building, site and streetscape design elements. In addition to the design standards set forth herein above, the design elements for the buildings, sites and streetscapes in Residential/Civic Core Area shall be in accordance with design standards set forth below:

All proposed building, site and streetscape design elements within the development shall be based upon a consistent and cohesive design aesthetic for the development.

Building and site design elements.

Incorporate a variety of decorative architectural and accent building materials throughout the site, including brick, stone, cementitious siding, enhanced vinyl siding, board and batten siding or other decorative architectural material.

Create a primarily vertical expression to buildings through the use of windows, doors, pilasters, piers, columns, arches, terraces, porches, porticos, stoops, balconies, colonnades, arcades, or similar elements.

Vary the roof lines of buildings through the use of dormers, gables, turrets or similar elements.

Articulated facades and articulated roof lines shall be provided along the building's front facade.

Windows, door openings, or other fenestration shall be primarily vertical in proportion.

[f]

All buildings shall have at least one primary entrance that is located on the building's front facade.

[g]

All front facades shall include one or more architectural treatments listed in § 415-208F(2)(b)[2][a] through 415-208F(2)(b)[2][f], so as to create variety and provide visual interest to otherwise blank expanses of the wall.

[h]

All light fixtures attached to the building's front facade shall be decorative.

Where building facades are set back from sidewalks, low decorative fences, walls, hedges or other landscape treatments shall be installed and maintained in the front yards to provide attractive edges along the streetscape.

[j]

To create variety and provide visual interest along the streetscape and to avoid monotonous streetscapes consisting of the same building constructed side-by-side, one or more of the following design elements shall be utilized from building to building along each streetscape:

Variation in the position or orientation of principal buildings on the lot along a streetscape;

Variation in the color and architectural and accent materials, or proportions thereof, used on the front facades; or

[iii]

Variation in roof lines or architectural features and treatments.

[k]

All building rear and side facades shall include colors, materials or other architectural treatments similar to, compatible with or otherwise complement the design and construction of the building's front facade.

[l]

Any accessory building shall be similar to, compatible with or otherwise complement the design and construction of the principal building to which it is accessory.

Streetscape design elements. The following streetscape design elements shall be incorporated into the development:

The existing street and pedestrian systems shall be extended into the development.

Pedestrian systems such as sidewalks, walkways, trails, bicycle paths and crosswalks shall be installed and maintained throughout the development.

The streetscape shall be embellished with nearby buildings, sidewalks, walkways, trails, bicycle paths or lanes, crosswalks, street trees or decorative streetlights (poles and fixtures).

Buildings, lots, open space, neighborhoods and subareas shall be linked through pedestrian systems.

Sidewalks, walkways, trails, or bicycle paths or lanes shall be maintained along both sides of all streets.

[f]

In lieu of installing decorative streetlights within the rights-of-way along streets, decorative post lights (poles and fixtures) installed and maintained shall be permitted within the front yards. The decorative post lights shall include automatic dusk-to-dawn sensors.

[g]

All development identification and directional signs shall be based upon a consistent and cohesive design aesthetic for the development.

Supplemental regulations.

All uses shall be connected to public sewer and public water.

Residences may be located in the same building as a business.

Health and fitness clubs shall be subjected to the following criteria:

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

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

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

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

The Board of Supervisors reserves the right to set hours of operation for all nonresidential uses.

All screening and buffering shall comply with the requirements of this chapter.

Sign regulations shall conform to Article V of this chapter.

§ 415-209 Mixed Use B Zone (MUB).

Purpose. This zone intends to complement and enhance existing residential neighborhoods along higher volume roads, by targeting infill residential and non-residential uses compatible in scale with surrounding district development.

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory drive thru/pick-up	C	§ 415-431
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Bed-and-breakfast	C	§ 415-406; § 415-804
Boarding houses	C	§ 415-407; § 415-804
Brewpub	P	§ 415-304.26
Commercial day-care facility	C	§ 415-411; § 415-804
Conversion apartments	C	§ 415-415; § 415-804
Duplex	P
Family day-care facility	P
Forestry	P	§ 415-304.19
Historic restaurant and/or historic office conversions	C	§ 415-424; § 415-804
Home occupation	C	§ 415-425; § 415-804
Laundromat and/or dry cleaners	P	§ 415-304.14
Medical or dental clinics	P
Off-street/off-site parking	C	§ 415-433; § 415-804
Older adult daily living center	P
Place of worship and other related uses	C	§ 415-427; § 415-804
Public and/or nonprofit park and playground	P
Public utility structure Type 1	P	§ 415-304.22
Restaurant with alcohol	P
Restaurant without alcohol	P
Retail sale of goods and services	C	§ 415-408; § 415-804
Single-family detached-dwelling	P
Tasting room	P	§ 415-304.27
Tavern	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	Single-Family Dwelling	Duplexes	Other Uses
Minimum lot size	8,700 sf	8,700 sf*	6,000 sf
Minimum lot width
at building setback line	60 ft	40 ft*	60 ft
Maximum building height
Principal structure	35 ft	35 ft	50 ft
Accessory structure	15 ft	15 ft	15 ft
Maximum building ground floor area	—	—	10,000 sf
Maximum lot coverage
Impervious surface	35%	35%	70%
Minimum setback
Principal
Front	20 ft	20 ft	20 ft
Side	16 ft	10 ft	20 ft
Rear	30 ft	30 ft	30 ft
Accessory
Front - Not allowed in front yard between principal building and front lot line.
Side	5 ft	5 ft	5 ft
Rear	5 ft	5 ft	5 ft
Required public utilities	Both public water and public sewer

* Per unit

Additional provisions.

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

Screening. For non-residential uses, a visual screen must be provided along property lines that adjoin a residential zone, regardless of whether or not the residentially zoned parcel is developed, or an existing residential use within the MUB District. In addition, non-residential buildings, structures, off-street parking lots, and loading areas shall be setback a minimum of 25 feet from adjoining residential uses or zones. Such areas shall be used for a landscape strip and screen.

Landscaping. For non-residential use, any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

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

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

§ 415-210 Neighborhood Commercial Zone (C-1).

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

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Automobile filling station	P	§ 415-304.3
Bank and financial institution	P
Commercial day-care facility	P	§ 415-304.6
Event center	P
Forestry	P	§ 415-304.19
Home occupation	P
Laundromat and/or dry cleaners	P	§ 415-304.14
Medical or dental clinics	P
Office	P
Older adult daily living center	P
Place of worship and other related uses	P
Public utility structure Type 1	P	§ 415-304.22
Recycling facility	P
Restaurant with alcohol	P
Restaurant without alcohol	P
Retail sale of goods and services	P
Schools, public and private	P	§ 415-304.11
Shopping center	P
Single-family detached-dwelling	P
Veterinary offices	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	None	Public Water	Public Sewer	Both Public Water and Public Sewer
Minimum lot size	1 acre	32,670 sf	20,000 sf	15,000 sf
Minimum lot width
at building setback line	200 ft	150 ft	125 ft	100 ft
Maximum building height
Principal structure	35 ft	35 ft	35 ft	35 ft
Maximum lot coverage
Impervious surface	35%	45%	50%	60%
Minimum setback
Principal
Front, on local/collector street	35 ft	35 ft	35 ft	35 ft
Front, on arterial street	45 ft	45 ft	45 ft	45 ft
Side	15 ft	15 ft	15 ft	15 ft
Rear	20 ft	20 ft	20 ft	20 ft
Accessory
Front	35 ft	35 ft	35 ft	35 ft
Side	15 ft	15 ft	15 ft	15 ft
Rear	20 ft	20 ft	20 ft	20 ft

Additional provisions.

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

Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

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

§ 415-211 Community Commercial Zone (C-2).

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

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory drive thru/pick-up	P	§ 415-301.18
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Amusement arcade	P	§ 415-304.1
Automobile detailing salon	P	§ 415-304.25
Automobile filing station	P	§ 415-304.3
Automobile service and repair station	P
Bank and financial institution	P
Brewpub	P	§ 415-304.26
Commercial day-care facility	C	§ 415-411; § 415-804
Commercial recreation facility	P	§ 415-304.7
Event center	P
Forestry	P	§ 415-304.19
Health and fitness club	P	§ 415-304.20
Hotel/motel	P
Indoor theater and auditorium	P
Medical or dental clinic	P
Multi-family dwelling	C	§ 415-423; § 415-804
Nightclub	C	§ 415-430; § 415-804
Office	P
Older adult daily living center	P
Place of worship and other related uses	P
Public utility structure Type 1	P	§ 415-304.22
Restaurant with alcohol	P
Restaurant without alcohol	P
Retail sale of goods and services	P
Shopping center	C	§ 415-442
Tasting room	P	§ 415-304.27
Tavern	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses
Minimum lot size	1 acre
Minimum lot width
at building setback line	250 ft.
Minimum lot depth	250 ft.
Maximum building height	55 ft.*
Maximum lot coverage
Impervious surface	60%
Minimum setback
Principal
Front	50 ft
Side	25 ft
Rear	35 ft
Accessory
Front	50 ft
Side	25 ft
Rear	35 ft

*	The ceiling of all habitable building areas shall not exceed a height of 42 ft, as measured from the lowest ground level at any point along the exterior of the building.

Additional provisions.

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

Outdoor storage and display. Within this Zone, no outdoor storage nor display shall be permitted, except as that authorized in § 415-301.10 of this chapter.

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

§ 415-212 Highway Commercial Zone (C-3).

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

[Amended 3-22-2023 by Ord. No. 2023-04; 9-27-2023 by Ord. No. 2023-09]

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory drive thru/pick-up	P	§ 415-301.18
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Amusement arcade	P	§ 415-304.1
Automobile detailing salon	P	§ 415-304.25
Automobile filing station	P	§ 415-304.3
Automobile sales and automotive service, repair facilities, and automobile sales storage lots	C	§ 415-404; § 415-804
Bank and financial institution	P
Brewpub	P	§ 415-304.26
Car washes	P	§ 415-304.5
Commercial day-care facility	C	§ 415-411; § 415-804
Commercial recreation facility	P	§ 415-304.7
Event center	P
Farmers market	P	§ 415-304.10
Forestry	P	§ 415-304.19
Health and fitness club	P	§ 415-304.20
Hotel/motel	P
Indoor theater and auditorium	P
Medical or dental clinic	P
Medical Marijuana dispensary, subject to compliance with all Pennsylvania statutory laws and regulations, and zoning and land use requirements and other laws of the Township	P
Multi-family dwelling	C	§ 415-423; § 415-804
Nightclub	C	§ 415-430; § 415-804
Office	P
Older adult daily living center	P
Place of worship and other related uses	P	§ 415-304.22
Public utility structure Type 1	P
Restaurant with alcohol	P
Restaurant without alcohol	P
Retail sale of goods and services	P
Shopping center	C	§ 415-442; § 415-804
Tasting room	P	§ 415-304.27
Tavern	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses
Minimum lot size	15,000 sf
Minimum lot width
at building setback line	100 ft
Maximum building height	50 ft*
Maximum lot coverage
Impervious surface	60%
Minimum setback
Principal
Front, on local street	35 ft
Front, on collector/arterial street	45 ft
Side	15 ft
Rear	20 ft
Accessory
Front	35 ft
Side	15 ft
Rear	20 ft

*	The ceiling of all habitable building areas shall not exceed a height of 42 ft., as measured from the lowest ground level at any point along the exterior of the building.

Additional provisions.

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

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

Outdoor storage and display. Within this Zone, no outdoor storage nor display shall be permitted, except as that authorized in § 415-301.10 of this chapter.

§ 415-213 Professional Office Zone (O).

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

[Amended 3-22-2023 by Ord. No. 2023-04]

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P
Bank and financial institution	P
Commercial day-care facility	P	§ 415-304.6
Forestry	P	§ 415-304.19
Health and fitness club	P	§ 415-304.20
Hotel/motel	C	§ 415-426; § 415-804
Office	P
Older adult daily living center	P
Public utility structure Type 1	P	§ 415-304.22

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses	Agricultural Uses
Minimum lot size	1 acre	10 acres**
Minimum lot width
at Building setback line	150 ft	100 ft 60 ft
Maximum building height
Principal structure	60 ft	85 ft
Maximum lot coverage
Impervious surface	60%	10%
Minimum setback
Principal
Front	50 ft	50 ft
Side	25 ft	50 ft
Rear	35 ft	50 ft
Accessory
Front	50 ft	—
Side	25 ft	—
Rear	35 ft	—

**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.

Additional provisions.

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

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

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

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

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

Outdoor storage. No outdoor storage is permitted.

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

§ 415-214 Light Industrial Zone (I-1).

[Amended 3-22-2023 by Ord. No. 2023-04; 9-27-2023 by Ord. No. 2023-09]

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Alcoholic beverage production	C	§ 415-452; § 415-804
Agriculture/agricultural operation	P
Automobile service and repair station	C	§ 415-404; § 415-804
Brewpub	C	§ 415-450; § 415-804
Commercial day-care facility	P	§ 415-304.6
Drop lot	P	§ 415-304.8
Forestry	P	§ 415-304.19
Laboratory for medical, scientific, or industrial research and development	P
Machine shop	P
Manufacturing	P
Medical Marijuana grower/processor, subject to compliance with all Pennsylvania statutory laws and regulations, and zoning and land use requirements and other laws of the Township	P
Mini-storage facility	P	§ 415-304.12
Office	P
Processing of food products	P
Public utility structure Type 1	P	§ 415-304.22
Public vocational and mechanical trade school	P
Recycling facility	C	§ 415-439; § 415-804
Riding stable	P	§ 415-304.15
Storage depots	P
Tasting room	C	§ 415-451; § 415-804
Welding shop	P
Wireless communication facilities	C	§ 415-448; § 415-804
Wind energy conversion system	C	§ 415-449; § 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses	Agricultural Uses
Minimum lot size	20,000 sf	10 acres**
Minimum lot width
at Building setback line	100 ft	100 ft 60 ft
Maximum building height
Principal structure	40 ft*	35 ft
Accessory structure	40 ft*	85 ft***
Maximum lot coverage
Impervious surface	60%	10%
Minimum setback
Principal
Front	50 ft	50 ft
Side	25 ft	50 ft
Rear	25 ft	50 ft
Accessory
Front	50 ft	—
Side	25 ft	—
Rear	25 ft	—

*	All structures extending above 35 feet from grade (except permitted signs) shall be uninhabited and set back a distance at least equal to their height from all property lines.
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. Any lot adjoining land principally used as a residence or within a residential zone shall maintain a fifty-foot setback for buildings, structures, off street parking lots, loading areas, and outdoor storage areas from residentially used and/or zoned parcels.

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

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

Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 415-302 for a partial listing.)

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

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

§ 415-215 General Industrial Zone (I-2).

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

[Amended 3-22-2023 by Ord. No. 2023-04; 7-26-2023 by Ord. No. 2023-06; 4-23-2025 by Ord. No. 2025-03]

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Adult-related use	C	§ 415-402; § 415-804
Agriculture/agricultural operation	P
Alcoholic beverage production	P	§ 415-304.28
All other non-residential uses	C	§ 415-447; § 415-804
Automobile service and repair station	C	§ 415-404; § 415-804
Billboard	P	§ 415-304.4
Brewpub	P	§ 415-304.26
Commercial day-care facility	P	§ 415-304.6
Drop lot	P
Event center	P
Forestry	P	§ 415-304.19
Heavy equipment sale, service and repair	C	§ 415-422; § 415-804
Heavy industrial	C	§ 415-421; § 415-804
Junkyard	C	§ 415-428; § 415-804
Laboratory for medical, scientific, or industrial research and development	P
Machine shop	P
Manufacturing	P
Mini-storage facility	P	§ 415-304.12
Office	P
Off-track betting parlor	C	§ 415-433; § 415-804
Packaging	P
Processing of food products	P
Public utility structure Type 1	P	§ 415-304.22
Public utility structure Type 2	C	§ 415-435; § 415-804
Public vocational and mechanical trade school	P
Recycling facility	C	§ 415-439; § 415-804
Sales, storage and/or wholesaling of the following: home and auto-related fuels; nursery and garden materials, and stock; contractor supplies; and, plumbing, heating, air conditioning, electrical, and other structural components of buildings.	C	§ 415-440; § 415-804
Slaughter, process, render, and package of food products	C	§ 415-443; § 415-804
Small engine repair shop	P
Solar farms	C	§ 415-444; § 415-804
Tasting room	P	§ 415-304.27
Towing with or without impoundment	P
Truck stop	C	§ 415-446; § 415-804
Truck terminals	C	§ 415-445; § 415-804
Welding shop	P
Warehousing	C	§ 415-453; § 415-804
Wholesale trade establishment	C	§ 415-453; § 415-804
Wind energy conversion system	C	§ 415-449; § 415-804
Wireless communication facilities	C	§ 415-448; § 415-804
All other non-residential uses	C	§ 415-447; § 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses	Agricultural Uses
Minimum lot size	1 acre	10 acres**
Minimum lot width
at building setback line	200 ft	100 ft
Maximum building height
Principal structure	55 ft*	35 ft
Accessory structure	75 ft*	85 ft***
Maximum lot coverage
Impervious surface	60%	10%
Minimum setback
Principal
Front	50 ft	50 ft
Side	30 ft	50 ft
Rear	35 ft	50 ft
Accessory
Front	50 ft	—
Side	30 ft	—
Rear	35 ft	—

*	All structures extending above 35 feet from grade (except permitted signs) shall be uninhabited and set back a distance at least equal to their height from all property lines.
**	Unless otherwise determined by any applicable size and/or income standards, as prescribed by the Pennsylvania Right to Farm Act, as amended.
***	Applicable to uninhabitable accessory farm structures provided that the structure is set back from each property line a distance at least equal to its height.

Additional provisions.

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

Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. Any lot adjoining land within a residential zone shall maintain a seventy-five-foot setback for non-residential buildings, structures, and loading areas from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping (see § 360-611 of the Subdivision and Land Development Ordinance).

Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

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

§ 415-217 Interchange Regional Gateway Zone (INT-RG).

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

§ 415-216 Quarry Zone (Q).

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

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P
Agriculture/agricultural operation	P
Concrete batching plant	P
Forestry	P	§ 415-304.19
Processing of minerals	P
Public use and public utility structure	P	§ 415-304.22
Quarry-related manufacturing, mixing, and processing	C	§ 415-438; § 415-804
Quarrying and/or mining of minerals	P
Storage and stockpiling of minerals	P

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses
Minimum lot size	50 acres
Minimum lot width
at building setback line	200 ft
at lot frontage	200 ft
Maximum building height
Principal structure	35 ft
Maximum lot coverage
Impervious surface	5%
Minimum required open space	20%
Minimum setback
Principal
Front	200 ft
Side	200 ft
Rear	200 ft
Accessory
Front	200 ft
Side	200 ft
Rear	200 ft

[Amended 5-24-2023 by Ord. No. 2023-02; 3-22-2023 by Ord. No. 2023-04]

Purpose. The areas encompassed by this Zone have excellent regional vehicular access adjoining the interchange of PA Route 114 and Interstate 81 (Conodoquinet Parkway) and buffered from several residential areas. This access affords the opportunity for a wide range of intensive land uses with minimized traffic impact. Local officials view this interchange as a premium regionally based development site and a "gateway" to the Township. Therefore, its use is reserved for high quality economic development.

Objectives. Provisions within this section are based on the authorizations and objectives of Traditional Neighborhood Development ("TND") as established by Article VII-A of the Pennsylvania Municipalities Planning Code ("MPC"), as amended. The objectives of this Zone are as follows:

To encourage a more efficient use of land and of public services to reflect changes in the technology of land development;

To minimize traffic congestion, infrastructure costs and environmental degradation;

To promote the implementation of the objectives of the Township's Comprehensive Plan for guiding the location for growth;

To ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedure as shall encourage the disposition of proposals for land development without undue delay;

To permit land uses and development opportunities that are more regional in nature; and

To establish development patterns, scales and densities that are complementary and consistent with the surrounding highway-oriented landscape.

Applicability. The following uses are permitted by right within this zone and not subject to a preliminary Master Plan (Subsection D) and the accompanying development standards (Subsection H) of this section.

Agriculture/agricultural operation.

Forestry.

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

Public utility structure Type 1.

Preliminary and final approval. The provisions of this section require a two-step approval process:

Preliminary zoning approval. A Master Plan for the entire property area proposed for development shall be approved by the Board of Supervisors. The Master Plan shall include all information and elements as required by the Township's Subdivision and Land Development Ordinance (§ 360-306).

Final zoning approval. After obtaining preliminary approval of the Master Plan from the Board of Supervisors, final zoning approval must be obtained from the Board of Supervisors for each development phase, building, lot and/or set of buildings, which may be obtained in conjunction with a preliminary land development application in accordance with the Township's Subdivision and Land Development Ordinance.

All applications for final zoning approval shall be in conformance with the previously approved Preliminary Master Plan. In instances in which a final zoning approval application differs from the previously approved Master Plan, regarding land use development types, densities, area and bulk regulations, and/or street/traffic circulation patterns, the applicant shall first obtain a new preliminary zoning approval for the entire Master Plan. Submission and consideration for final zoning approval may then follow after the Board of Supervisors has granted approval of the revised Master Plan.

Application and approval process.

The application and approval process shall be completed in accordance with § 415-801 of this chapter. This process shall apply for both the preliminary and final steps, as outlined above.

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory drive thru/pick-up	P	§ 415-301.18
Accessory uses customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P	N/A
Bank and financial institution	C	§ 415-804; § 415-405
Automobile filing station	C	§ 415-804; § 415-304.3
Bed-and-breakfast	C	§ 415-804; § 415-406
Brewpub	C	§ 415-804; § 415-450
Commercial day-care facility	C	§ 415-804; § 415-411
Commercial recreation facility	C	§ 415-804; § 415-304.7
Convention center	C	§ 415-804; § 415-414
Forestry	P	§ 415-304.19
Health and fitness club	C	§ 415-804; § 415-419
Health care campus and hospital	C	§ 415-804; § 415-420
Hotel/motel	C	§ 415-804; § 415-426
Indoor mini-storage facility	C	§ 415-804; § 415-304.12H
Medical or dental clinic	C	§ 415-804
Medical residential campus	C	§ 415-804; § 415-429
Office	C	§ 415-804B
Public and/or nonprofit activities related to preservation and conservation of natural and/or historical resources	P	N/A
Public and/or nonprofit park and playground	C	§ 415-804B
Public utility structure Type 1	P	§ 415-304.22
Restaurant with alcohol	C	§ 415-804
Restaurant without alcohol	C	§ 415-804
Retail sale of goods and services	C	§ 415-804
Tavern	C	§ 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses
Minimum lot size	2 acres
Minimum lot width
at building setback line	200 ft
Maximum building height
Principal structure	60 ft
Maximum lot coverage
Impervious surface	60%
Minimum setback
Principal
Front	50 ft
Side	25 ft
Rear	35 ft
Accessory
Front	50 ft
Side	25 ft
Rear	35 ft

Development standards.

Required public utilities. All uses permitted within this zone shall require connections to public sewer and public water.

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

Rooftop equipment screening. An architectural screen must be provided along the perimeter of all rooftop equipment areas and apparatus. The screen must be 1' higher than the highest dimension of any given pieces of equipment or apparatus. Equipment shall include but is not limited to elevator shafts, heating and cooling equipment, chillers, duct work, communication antennae, cameras, etc. Within the Interchange RG Zone, rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances shall be included in the calculation of maximum building height.

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

Outdoor storage. No outdoor storage of equipment, materials, or supplies shall be permitted.

§ 415-218 Interchange Planned Commerce Zone (INT-PC).

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

[Amended 3-22-2023 by Ord. No. 2023-04]

Purpose. The areas included in this Zone have direct access to the interchange of PA Route 114 (Conodoquinet Parkway) and Interstate 81 and are in proximity to low density residential neighborhoods. This zone is viewed as a "gateway" to the Township and should provide land uses, densities, and development patterns that leverage highway adjacency while also establishing a buffer from surrounding residential areas. Interchange Planned Commerce (INT-PC) is distinctive from Interchange Regional Gateway (INT-RG) based on its proximity to established low density residential neighborhoods. Specific provisions have been established to protect environmentally sensitive features/resources and to minimize development impacts including but not limited to building height, landform alternations, stormwater drainage, parking, and traffic.

To encourage innovations in specialized residential and nonresidential development which makes use of a mixed-use form of development. This mixed-use development shall provide a greater variety in type, design and layout of land uses, buildings and structures and by the conservation and more efficient use of open space ancillary to the development;

To encourage a more efficient use of land and of public services to reflect changes in the technology of land development so that economies secured may benefit those who need housing accommodations and for other uses;

To minimize traffic congestion, infrastructure costs and environmental degradation;

To promote the implementation of the objectives of the Township's Comprehensive Plan for guiding the location for growth;

To accommodate a more diverse range of housing options that are within close proximity to goods and services;

To provide adequate open space suitable for mixed-use development; and

To establish an approval process that considers development scale, neighborhood compatibility, and environmental protection while promoting public health, safety and welfare.

Applicability. The following uses are permitted by right within this Zone and not subject to a preliminary Master Plan (Subsection D) and the accompanying development standards (Subsection H) of this section.

Agriculture/agricultural operation.

Forestry.

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

Public utility structure Type 1.

Preliminary and final approval. The provisions of this section require a two-step approval process:

Application and approval process.

The application and approval process shall be completed in accordance with § 415-801 of this chapter. This process shall apply for both the preliminary and final steps, as outlined above.

Permitted uses.

Permitted Uses		Additional Provisions Reference
Accessory uses; customarily incidental to the principal use	P	§ 415-301
Agriculture/agricultural operation	P	N/A
Bank and financial institution	C	§ 415-804; § 415-405
Bed-and-breakfast	C	§ 415-804; § 415-406
Brewpub	C	§ 415-804; § 415-450
Commercial day-care facility	C	§ 415-804; § 415-411
Forestry	P	§ 415-304.19
Medical or dental clinic	C	§ 415-804B
Medical residential campus	C	§ 415-804; § 415-429
Mixed-use building	C	§ 415-804; § 415-417
Office	C	§ 415-804
Older adult daily living center	C	§ 415-804
Public and/or nonprofit activities related to preservation and conservation of natural and/or historical resources	P	N/A
Public and/or nonprofit park and playground	C	§ 415-804
Public utility structure Type 1	P	§ 415-304.22
Restaurant without alcohol	C	§ 415-804
Retail sale of goods and services	C	§ 415-804

P — Permitted Use By Right

C — Conditional Use

Dimensional requirements.

	All Permitted Uses
Minimum lot size	2 acres
Minimum lot width
at building setback line	200 ft
Maximum building height
Principal structure	50 ft
Maximum lot coverage
Impervious surface	60%
Minimum setback
Principal
Front	50 ft
Side	25 ft
Rear	35 ft
Accessory
Front	50 ft
Side	25 ft
Rear	35 ft

Development standards.

Greenway setback.

Any lot adjoining an existing residential zone shall maintain a greenway setback, measuring a depth of 300 ft from the property line.

Buildings, structures, stormwater, land grading, and off-street parking/loading areas are not permitted within the greenway setback.

If natural woodlands exist, they shall be preserved, with limited timber management practices when possible.

If previously used as agricultural land, the greenway setback shall be replanted with natural grasslands.

Within the 300 ft setback, the first 75 ft nearest the perimeter property line shall be designated as natural woodlands.

This 75 ft setback shall have a tree canopy coverage of greater than 70%. For areas that do not meet this requirement, supplemental tree plantings will be permitted in order to achieve the coverage within 15 years.

If natural woodlands exist, they shall be preserved, with limited timber management practices when appropriate.

Any lot adjoining the right-of-way of PA Route 114 and/or Old Willow Mill Road shall maintain a setback, measuring a depth of 200 ft from the center line of PA Route 114 and/or Old Willow Mill Road.

Buildings, structures, stormwater, land grading, and off-street parking/loading areas are not permitted within the 200 ft setback.

If natural woodlands exist, they shall be preserved, with limited timber management practices when possible.

If previously used as agricultural land, the greenway setback shall be replanted with natural grasslands indigenous to Central Pennsylvania.

Residential setback. The following provisions apply only to land located north of Interstate 81 and east of PA Route 114 within the Interchange PC Zone, also referred to as the "Northeast Quadrant."

Medical residential campus, if included within a Master Plan, shall only occur within a maximum distance of 800 ft from the southern right-of-way of Old Willow Mill Road.

Open space.

30% of the overall development site, subject to the Master Plan, shall be designated as open space.

Any portion of the site not consisting of buildings, structures, streets, parking areas, loading areas, sidewalks, or stormwater management shall be considered open space.

No more than 50% of the required open space area shall include land that contain slopes greater than a 25% gradient.

Open space shall be landscaped by vegetative ground cover indigenous to Central Pennsylvania or other ornamental plantings.

Open space shall be interconnected with the open space of adjacent parcels within the Master Plan.

Open space shall be directly connected to the principal entrance of all principal buildings.

Reduced environmental impact of parking.

Interior landscaping requirements for vehicular parking, as outlined within the Township's Subdivision and Land Development Ordinance (§ 360-603), shall be increased by 100%.

Shared parking is encouraged when applicable, as is permissible in accordance with the Township's Subdivision and Land Development Ordinance standards.

Traffic circulation and ingress/egress safety. The following provisions apply only to land located north of Interstate 81 and east of PA Route 114 within the Interchange PC Zone, also referred to as the "Northeast Quadrant."

A development site subject to a Master Plan shall be accessible by a collector street, which shall be the primary internal circulation street for the Master Plan. The Master Plan shall ensure that such collector is designed so that it may connect with any future Master Plan developments within the Interchange Zone.

Traffic impact study. A traffic impact study is required prior to preliminary approval and shall be submitted to the Township based on the requirements and standards for traffic impact studies outlined in the Subdivision and Land Development Ordinance. The traffic study shall address the impacts of both ingress and egress, whether signalized and/or unsignalized, onto PA Route 114, Old Willow Mill Road, and Interstate 81.

Prior to the Township granting preliminary approval, the applicant shall obtain an HOP (Highway Occupancy Permit) for any ingress and egress connections to a state road and access approval from the Township (Township Engineer) prior to final development approval. The applicant shall design ingress and egress connections for PennDOT and Township review and in accordance with demands of the associated required traffic study.

Egress from the Northeast Quadrant onto Old Willow Mill Road shall be designed in consideration of the existing Pleasant Grove Rd and PA Route 114 intersection with the possibility for reconfiguration.

Development scale.

Buildings shall not have a ground floor area greater than 50,000 sq. ft.

Building length shall not exceed 300 ft.

Orientation of buildings.

The orientation of buildings shall promote continuity within the development as well as related to surrounding established land uses.

Service and/or loading areas/entrances shall be screened from adjoining streets and properties and shall not be permitted along or in front of a building's front facade.

The primary entrance for patrons shall be oriented to public streets and walkways.

Lighting.

Lighting shall be oriented away from land outside of the Master Planned area.

There shall be a maximum illumination value of 0.10 horizontal and vertical footcandles at all lot lines when measured at any point zero to 15 feet above the ground surface.

The maximum on-site illumination value shall be 5.0 footcandles and the average on-site illumination value shall be less than or equal to 1.5 footcandles when measured three feet above the ground surface.

No more than 10% of the fixture's lumens shall be emitted at a 90° angle or greater from nadir.

Rooftop equipment screening. An architectural screen must be provided along the perimeter of all rooftop equipment areas and apparatus. The screen must be 1' higher than the highest dimension of any given pieces of equipment or apparatus. Equipment shall include but is not limited to elevator shafts, heating and cooling equipment, chillers, duct work, communication antennae, cameras, etc. Within the Interchange PC Zone, rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances shall be included in the calculation of maximum building height.

Stormwater management. The applicant shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended), and stormwater management as described in the DEP Stormwater Best Management Practices Manual (December 2006, as amended) in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Township whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

(11)

Required public utilities. All uses permitted within this zone shall require connections to public sewer and public water.

(12)

Building separation setbacks. For multiple buildings situated on the same lot, there shall be a minimum of 35 feet of space between the closest points of such buildings.

(13)

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

(14)

Landscaping. Any portion of the development site subject to a Master Plan not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A minimum fifteen-foot landscape strip shall be provided along all property lines, unless otherwise required by a greenway setback.

(15)

(16)

Outdoor storage. No outdoor storage of equipment, materials, or supplies shall be permitted.

(17)

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

§ 415-219 Floodplain Zone (FP).

[Amended 7-26-2023 by Ord. No. 2023-07]

General provisions.

Intent and objectives. It is hereby found that the Conodoguinet Creek, Hogestown Run, Trindle run, and all streams, creeks and waterways of the Township, are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain, and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is, therefore, determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this section, which is in the exercise of the police power of the municipality, for the protection of the persons and property of its inhabitants, and for the preservation of the public health, safety and general welfare. The intent of this section shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters, and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Township.

Specific objectives:

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

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

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

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

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

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

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

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

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

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

To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with Federal and State Floodplain Management Requirements of the (National Flood Insurance Program, P.L. 93-234).

Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township of Silver Spring unless a permit has been obtained from the Floodplain Administrator.

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

Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.

Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur, or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

This section shall not create liability on the part of the Township of Silver Spring or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Administration.

Designation of the Floodplain Administrator.

The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: a) fulfill the duties and responsibilities set forth in these regulations; b) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or as later designated by resolution of the Board of Supervisors; or c) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. 59.22.

In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Lead Land Development Specialist.

Permits required. A permit shall be required before any construction or development is undertaken within any area of the Township of Silver Spring.

Duties and responsibilities of the Floodplain Administrator.

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

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

In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.

In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any cumulative substantial damage concerns can be addressed before the permit is issued.

During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.

In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.

In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.

The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain administrator/manager.

The Floodplain Administrator shall consider the requirements of the 34 PA Code and the 2018 IBC and the 2018 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

Application procedures and requirements.

Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township of Silver Spring. Such application shall contain the following:

Name and address of applicant.

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

Name and address of contractor.

Site location including address.

Listing of other permits required.

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

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

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

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

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

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

Structures will be anchored to prevent flotation, collapse, or lateral movement;

Building materials are flood-resistant;

Appropriate practices that minimize flood damage have been used; and

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:

A completed permit application form.

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

North arrow, scale, and date;

Topographic contour lines, if available;

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

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

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

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

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

The elevation of the base flood;

Supplemental information as may be necessary under 34 PA Code, the 2018 IBC or the 2018 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

The following data and documentation:

Detailed information concerning any proposed floodproofing measures and corresponding elevations.

If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.

Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area (see Subsection C(2)) will not increase the base flood elevation at any point.

Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (See § 415-219C(2)) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.

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

[f]

Detailed information needed to determine compliance with § 415-219D(3)(f), Storage, and § 415-219D(4), Development that may endanger human life, including:

The amount, location and purpose of any materials or substances referred to in §§ 415-219D(3)(f) and 415-219D(4) which are intended to be used, produced, stored or otherwise maintained on site.

A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 415-219D(4) during a base flood.

[g]

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

[h]

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

Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.

Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.

Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.

Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.

Start of construction.

Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.

The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.

Identification of floodplain areas.

Identification.

The identified floodplain area shall be:

Any areas of Township of Silver Spring, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 7, 2023, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study and

Any community identified flood hazard areas.

The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Township of Silver Spring and declared to be a part of this section.

Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:

The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.

The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.

The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.

AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.

No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.

The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.

The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1% annual chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.

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

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

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

Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See Subsection D(1)(a)[3] for situations where FEMA notification is required.

Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.

Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.

Technical provisions.

General.

Alteration or relocation of watercourse.

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

No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.

In addition, FEMA and the Pennsylvania Emergency Management Agency shall be notified prior to any alteration or relocation of any watercourse.

When Township of Silver Spring proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges), the applicant shall (as per 44 CFR Part 65.12):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.

Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.

No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.

Permitted uses. The following uses and no others are permitted in the identified floodplain area:

Cultivation and harvesting crops according to recognized soil conservation practices;

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

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

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

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

Forestry (see § 415-304.19), lumbering and reforestation according to recognized natural resources conservation practices;

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

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

[9]

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

[10]

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

[11]

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

[12]

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

[13]

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

Elevation and floodproofing requirements. Within any identified floodplain area any development not listed under permitted uses above shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in § 415-219G, then the following provisions apply:

Residential structures.

In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 415-219C(2).

In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.

The design and construction standards and specifications contained in the 2018 International Building Code (IBC) and in the 2018 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters 401 through 405 as amended) shall be utilized, where they are more restrictive.

Non-residential structures.

In AE, A1-30 and AH Zones, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:

In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 415-219C(2).

In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.

Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended in EP 1165-2-314, December 1995) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

Any non-residential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the non-residential floodproofing certificate and prior to the issuance of the certificate of occupancy:

An inspection and maintenance plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:

Mechanical equipment such as sump pumps and generators,

Flood shields and closures,

[iii]

Walls and wall penetrations, and

[iv]

Levees and berms (as applicable).

Flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:

An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.

A procedure for notification of necessary parties when flooding threatens, and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.

[iii]

A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.

[iv]

An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.

[v]

A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.

The design and construction standards and specifications contained in the 2018 International Building Code (IBC) and in the 2018 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 PA Code (Chapters 401 through 405 as amended) shall be utilized, where they are more restrictive.

Space below the lowest floor.

Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in § 415-219G, then the following provisions apply:

If fill is used, it shall:

Extend laterally at least 15 feet beyond the building line from all points;

Consist of soil or small rock materials only—sanitary landfills shall not be permitted;

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain Administrator; and

Be used to the extent to which it does not adversely affect adjacent properties.

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

Water and sanitary sewer facilities and systems.

All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities From Flood Damages" and "The International Private Sewage Disposal Code" shall be utilized.

Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 415-219D(4), Development that may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.

Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

Floors, walls and ceilings.

Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.

Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.

Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.

Paints and adhesives.

Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.

Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.

All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a "marine" or "water-resistant" paint or other finishing material.

Electrical components.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

(l)

Equipment.

Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist flotation, collapse, and lateral movement.

Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.

(m)

Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

(n)

Uniform Construction Code coordination. The standards and specifications contained in 34 PA Code (Chapters 401 through 405), as amended and not limited to the following provisions shall apply to the above and other sections and sub-sections of this section, to the extent that they are more restrictive and supplement the requirements of this section.

International Building Code (IBC) 2018 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2018 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.

Development that may endanger human life. Within any identified floodplain area, any structure of the kind described in Subsection D(4)(a), below, shall be prohibited. If a variance is obtained in accordance with the criteria in Article VIII, then the variance shall conform to the following provisions:

In accordance with the Pennsylvania Flood Plain Management Act, as amended, and the regulations originally adopted by the Department of Community and Economic Development, to be further adopted or amended by the Pennsylvania Emergency Management Agency in consultation with the Department of Environmental Protection as required by the Act, any new or substantially improved structure which:

Will be used for the production or storage of any of the following dangerous materials or substances; or,

Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,

Will involve the production, storage, or use of any amount of radioactive substances;

Shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

Acetone

Ammonia

Benzene

Calcium carbide

Carbon disulfide

Celluloid

Chlorine

Hydrochloric acid

Hydrocyanic acid

Magnesium

Nitric acid and oxides of nitrogen

Petroleum products (gasoline, fuel oil, etc.)

Phosphorus

Potassium

Sodium

Sulfur and sulfur products

Pesticides (including insecticides, fungicides, and rodenticides)

Radioactive substances, insofar as such substances are not otherwise regulated.

Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection D(4)(a), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

Within any floodway area, any structure of the kind described in Subsection D(4)(a), above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in Subsection D(4)(a), above, shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with Subsections D(1), D(2) and D(3).

Where permitted within any identified floodplain area, any new or substantially improved non-residential structure of the kind described in Subsection D(4)(a) above, shall be built in accordance with Subsections D(1), D(2) and D(3) including:

Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation, and

Designed to prevent pollution from the structure or activity during the course of a base flood.

Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.

Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.

Special requirements for manufactured homes.

Within any identified floodplain area new manufactured homes shall be prohibited.

If any existing manufactured home shall be replaced, reconstructed or expanded by addition thereto, then the manufactured home shall be within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:

Placed on a permanent foundation;

Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation;

And anchored to resist flotation, collapse, or lateral movement.

Equipment requirement:

Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water resistant.

Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2018 "International Residential Building Code" or the "U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto and 34 PA Code Chapter 401 through 405 shall apply.

Consideration shall be given to the installation requirements of the 2018 IBC, and the 2018 IRC or the latest revision thereto as adopted by the Commonwealth of Pennsylvania, and 34 PA Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.

Special requirements for recreational vehicles. Within any identified floodplain area the storage of recreational vehicles shall be prohibited.

Activities requiring special permits.

General. In accordance with the administrative regulations originally adopted by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act as amended, to be further adopted or amended by the Pennsylvania Emergency Management Agency in consultation with the Department of Environmental Protection as required by the Act, the following activities shall be prohibited within any identified floodplain area unless otherwise permitted in the zoning district in which it is to be sited and a special permit has been issued by the Township of Silver Spring in accordance with this section:

The commencement of any of the following uses; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

Hospitals.

Nursing homes.

The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:

A written request including a completed Permit Application Form.

A small scale map showing the vicinity in which the proposed site is located.

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

North arrow, scale and date;

Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of two feet;

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

The location of all existing streets, driveways, other access ways, and parking areas, with information concerning widths, pavement types and construction, and elevations;

The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;

The location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water including direction and velocities;

The location of all proposed buildings, structures, utilities, and any other improvements; and

Any other information which the municipality considers necessary for adequate review of the application.

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

Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;

For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;

Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood;

Detailed information concerning any proposed floodproofing measures, including the Flood Emergency Operation Plan and the Inspection and Maintenance Plan;

Cross-section drawings for all proposed streets, driveways, other accessways, and parking areas, showing all rights-of-way and pavement widths;

Profile drawings for all proposed streets, driveways, and vehicular accessways including existing and proposed grades; and

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.

The following data and documentation:

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the applicant represents;

Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood;

A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life;

A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on base flood elevation and flows;

A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevation and flows;

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

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

Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and

[9]

An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.

Application review procedures. Upon receipt of an application for a special permit by the Township of Silver Spring the following procedures shall apply in addition to those of Subsection B:

Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township of Silver Spring Planning Commission and Township of Silver Spring engineer for review and comment.

If an application is received that is incomplete, the Township of Silver Spring shall notify the applicant in writing, stating in what respect the application is deficient.

If the Township of Silver Spring decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

If the Township of Silver Spring approves an application, it shall file written notification, together with the application and all pertinent information, with the Pennsylvania Emergency Management Agency, by registered or certified mail, within five working days after the date of approval.

Before issuing the special permit, the Township of Silver Spring shall allow the Pennsylvania Emergency Management Agency 30 days, after receipt of the notification by the Agency, to review the application and decision made by the Township of Silver Spring.

If the Township of Silver Spring does not receive any communication from the Pennsylvania Emergency Management Agency during the thirty-day review period, it may issue a special permit to the applicant.

If the Pennsylvania Emergency Management Agency should decide to disapprove an application, it shall notify the Township of Silver Spring and the applicant, in writing, of the reasons for the disapproval, and the Township of Silver Spring shall not issue the special permit.

Special technical requirements.

In addition to the requirements of Subsection D of this section, the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Subsection D of this section or in any other code, ordinance, or regulation, the more restrictive provision shall apply.

No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:

The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.

The lowest floor (including basement) will be elevated to at least 1 1/2 feet above base flood elevation.

The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.

Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Township of Silver Spring and the Pennsylvania Emergency Management Agency.

Existing structures in identified floodplain areas.

Existing structures. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

Any modification, alteration, reconstruction, or improvement of any kind occurring as a result of "cumulative substantial damage," as defined in this section, shall be undertaken only in full compliance with the provisions of this section.

Continuation. All uses or structures lawfully existing in the Floodplain Zone on the effective date of this section, which are not in conformity with the provisions of this section, shall be deemed non-conforming uses or structures. Such non-conforming uses or structures may be continued, maintained, repaired, and floodproofed, except as prohibited by §§ 415-219F(1)(c) and 415-219F(1)(e)[2], of this chapter. However, such non-conforming uses or structures may at any time be improved to comply with existing state or Township health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions;

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

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

Replacement and rebuilding:

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

A non-conforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with § 415-219D and all other sections of this Zoning Ordinance, and all other ordinances of the Township. The Zoning Hearing Board may waive as a special exception, the requirements of this subsection where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operations of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary, and the least modification possible of the provisions of this section, while respecting and maintaining the purpose and intent of this section; and

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

Historic structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of § 415-219F(1)(c) and 415-219F(1)(e)[2] for any historic structure, as defined herein that would preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure;

Variances.

General. The Township of Silver Spring Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements upon an applicant meeting the full burden for a variance and subject to the procedures and conditions of this Subsection G.

Variance procedures and conditions. Requests for variances shall be considered by the Zoning Hearing Board in strict accordance with the procedures and burdens under this Zoning chapter and the Municipalities Planning Code and the following:

No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.

No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

Except for a possible modification of the Regulatory Flood Elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit pursuant to § 415-219E or to development that may endanger human life pursuant to § 415-219D(4).

If granted, a variance shall involve only the least modification necessary to provide relief.

In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.

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

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in unnecessary hardship to the applicant.

That the granting of the variance will:

Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense,

Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.

§ 415-220 Resource and Landscape Management Overlay Zone (RLMO).

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.

Violations of this section. Any violations under this section shall be enforceable in accordance with the provisions of this Zoning chapter. Additionally, a structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

[Amended 3-22-2023 by Ord. No. 2023-04]

Purpose. It is the purpose of this zone to:

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

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

Minimize edge conditions and associated colonization by invasive plant species.

Establish open space requirements to build upon the continuation of a protected, cohesive greenway network.

Provide open space for active or passive recreational use by residents.

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

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

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

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

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

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

Criteria summary. (See Tables on following pages.)

Table AA — Conservation Development Area A Dimensional Requirements*:
Base Zone	Minimum Parent Tract Acreage	Open Space Requirement	Maximum Gross Density	Maximum Net Density	Minimum Lot Area	Minimum Lot Width	Dwelling Types Permitted
C	15 acres	60%	0.175 du/ac	0.3 du/ac	40,000 sf¹	100 ft	Single-family detached
A	15 acres	60%	0.085 du/ac	0.3 du/ac	40,000 sf¹	100 ft	Single-family detached
R	15 acres	50%	0.3 du/ac	0.5 du/ac	40,000 sf	80 ft	Single-family detached
RE	15 acres	50%	0.3 du/ac	0.85 du/ac	30,000 sf²	80 ft	Single-family detached
R-1	15 acres	50%	1 du/ac	1.7 du/ac	20,000 sf²	75 ft	Single-family detached

¹	For development within C and A, the maximum lot size shall be 48,000 square feet.
²	40,000 square feet shall be required for lots without public water and sewer.
*	Yard setback requirements remain consistent with the provisions of the base Zoning District.

Table BB — Conservation Development Area B Dimensional Requirements:
Base Zone	Minimum Parent Tract Acreage	Open Space Requirement	Maximum Gross Density	Maximum Net Density	Minimum Lot Area	Minimum Lot Width	Dwelling Types Permitted
C¹	15 acres	60%	0.175 du/ac	0.3 du/ac	40,000 sf²	100 ft	Single-family detached
A¹	15 acres	60%	0.085 du/ac	0.3 du/ac	40,000 sf²	100 ft	Single-family detached
R	10 acres	50%	0.3 du/ac	0.5 du/ac	20,000 sf	80 ft	Single-family detached
RE	10 acres	50%	1 du/ac	1.9 du/ac	30,000 sf	80 ft	Single-family detached
R-1	5 acres	50%	2.4 du/ac	4.8 du/ac	9,000 sf	50 ft	Single-family detached
					5,000 sf	40 ft	Duplex³
					2,750 sf	25 ft	Townhouse³
R-2	3 acres	50%	4 du/ac	6 du/ac	6,000 sf	40 ft	Single-family detached
					2,750 sf	30 ft	Duplex
					2,000 sf	20 ft	Townhouse
					40,000 sf	100 ft	Multi-Family

¹	Yard setback requirements remain consistent with the provisions of the base Zoning District.
²	For development within C and A, the maximum lot size shall be 48,000 square feet.
³	Permissible use per § 415-204D(3) only.

Table CC — Additional Dimensional Requirements
		R	RE	R-1	R-2
Single-family detached	Minimum Front Yard (ft.)	40	50	25	15
	Minimum Side Yard (ft.)	20	30	5	5
	Minimum Rear Yard (ft.)	40	30	25	25
Duplex	Minimum Front Yard (ft.)			25	15
	Minimum Side Yard (ft.)			5	0; 15 Aggregate
	Minimum Rear Yard (ft.)			25	25
Townhome	Minimum Front Yard (ft.)			25	15
	Minimum Side Yard (ft.)			0; 15 Aggregate	0; 15 Aggregate
	Minimum Rear Yard (ft.)			25	25
Multi-Family	Minimum Front Yard (ft.)				20
	Minimum Side Yard (ft.)				0; 15 Aggregate
	Minimum Rear Yard (ft.)				25

Table DD - Impervious Coverage for Conservation Development Areas A and B
Lot Area	Maximum Impervious Coverage (square feet)
Less than 10,000	50%
10,000 to 19,999	35%
20,000 to 43,560	20%
Larger than 43,560	Reduce limit by 1.5% for each additional acre up to a maximum impervious cover of 20,000 square feet

Applicable zoning districts and permitted uses.

Conservation development in Area A shall be optional. This development shall only permit single-family dwellings in the C, A, R, RE, and R-1 Zoning Districts.

Conservation Development in Area B shall be required. This development shall permit land uses in their respective districts as identified in Table BB.

Minimum development tract size.

Any conservation development in Area A shall be located on a parent tract with a minimum acreage of 15 acres.

Any conservation development in Area B shall be located on a parent tract with a minimum acreage as identified in Table BB.

Public sewer/water requirements.

Public sewer and water shall not be required to be constructed as part of any development associated with Conservation Development Area A.

Public sewer and water shall be required to be constructed as part of any development associated with Conservation Development Area B.

Maximum density. A maximum gross and maximum net density, as identified in Table AA or Table BB, are associated with all development in Conservation Development Area A or B. To calculate the maximum amount of units, refer to § 415-220, Calculation of open space and developable area/units. Based on this process, the landowner and/or developer shall complete the Resource Management Calculation Worksheet (on file at Township office).

Minimum lot size. As identified in Table AA or Table BB, minimum lot size criteria in Conservation Development Area A or B range per each zoning district where development is permitted.

Open space. For the purposes of this section, the terms "open space" and "greenway" shall be synonymous.

Open space permitted ownership.

The ownership and responsibility of open space within all resource and landscape management developments shall be assigned to a nonprofit organization established by developer, with covenants and agreements running with the land, though such land may be conveyed at any time to the Township or a public utility to be used for public purposes.

Minimum required open space.

To calculate the acreage of required open space, refer to § 415-220L, Calculation of open space and developable area/units. Based on this process, the landowner and/or developer shall complete the Resource Management Calculation Worksheet (on file at Township office).

All primary conservation areas identified on the site are required to be conserved even if their total acreage is greater than the calculated open space requirement of § 415-220L, primary conservation areas include the following:

Lands within the 100-year floodplain (including the floodway).

Wetlands.

Prohibitive steep slopes in excess of 25%.

The following secondary conservation areas, listed in order of priority, shall be included within the required open space acreage to the fullest extent practicable:

Important natural habitats.

Precautionary steep slopes 15 to 25%, particularly those adjoining watercourses and ponds, due to the potential for soil disturbance leading to erosion that is detrimental to water quality.

Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.

Hedgerows, groups of trees, specimen trees and other unique or significant vegetation features.

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

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

Lands that provide a buffer or protect a scenic view from the Appalachian Trail.

Historic structures and sites.

[9]

Visually prominent topographic features such as knolls, hilltops and ridges, and scenic views as seen from public roads (particularly those with historic features). Significant views from within the site outward shall also be considered.

[10]

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

Public access.

As part of any Conservation Development, the landowner and/or development must record a public easement to accommodate future public access of a trail corridor. A landowner and/or development shall not be responsible for building such a trail.

Said public access easement shall traverse the development. At least 60% of the public access easement shall be contained within the open space. No land dedicated for common open space shall be provided on any saleable lot.

Utilities and stormwater management.

Slope is calculated based upon contours at intervals of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less.

The total area(s) within the residential development/subdivision that is (are) committed for use as stormwater management shall not occupy more than 25% of the total area reserved for common open space.

No slope of stormwater management within open space shall exceed 1:8.

Slopes.

Slope is calculated based upon contours at intervals of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less.

If there are multiple steep slope complexes within a horizontal distance measuring 150' in length, then said slope complexes shall be conjoined to form open space.

Any slope areas not meeting the steep slope complex definition shall be considered discretionary open space and not counted toward the required open space calculation.

Calculation of open space and developable area/units.

The total acreage of the parcel(s) shall be identified as the gross acreage. Any existing development that will remain as is shall be subdivided as a separate parcel(s) and a total acreage of said parcel(s) shall be identified.

The acreage of all primary conservation areas on the site shall be identified. Any primary conservation areas within the existing development parcel shall not be included in this calculation.

The Net Acreage shall be calculated as follows:

Gross Acreage - (Existing Development Parcel(s) Acreage + Primary Conservation Areas Acreage) = Net Acreage

The Required Open Space Percentage (%) shown in Tables AA and BB in § 415-232.2 in this chapter shall be used to calculate the Required Open Space Acreage as follows:

(Gross Acreage - Existing Development Parcel(s) Acreage) x Required Open Space % = Required Open Space Acreage

The Adjusted Net Acreage to Account for Required open space shall be calculated as follows:

If the primary conservation areas Acreage minus the Required open space Acreage is greater than 1, then the Needed Additional Allocation of open space is 0. In this case, the Adjusted Net Acreage equal to the Net Acreage.

If the primary conservation areas Acreage minus the Required Open Space Acreage is less than 1, then the Needed Additional Allocation of Open Space is the Required Open Space Acreage minus the primary conservation areas Acreage. The Adjusted Net Acreage to Account for Required Open Space is the Net Acreage minus the Needed Additional Allocation of open space.

The Gross Density Units per Acre and Net Density Units per Acre, shown in Table 1, shall be used to determine the Gross Density Units and Net Density Units. The Gross Density Units and Net Density Units shall be rounded to the nearest whole number for the purposes of these calculations.

To determine the Gross Density Units, follow this formula:

Gross Density Units per Acre X Gross Acreage = Gross Density Units

To determine the Net Density Units, follow this formula:

Net Density Units per Acre X Net Acreage = Net Density Units

If the Net Density Units is less than the Gross Density Units, then the permissible Density Units is equal to the Net Density Units. If the Gross Density Units is less than the Net Density Units, then the permissible Density units is equal to the Gross Density Units.

Design process.

Step 1: Delineation of open space, including Stormwater and Wastewater Management Areas. General locations for open space, including stormwater and wastewater management areas, shall be delineated according to the following procedure:

Using the ER/SA Plan as a base map, Primary and secondary conservation areas shall be delineated.

Open space shall include all primary conservation areas plus enough secondary conservation area to meet or exceed the percentage of required open space as for set forth in Table AA/Table BB.

The applicant shall prioritize natural and cultural resources in terms of their highest to least suitability for inclusion in the proposed greenway land in accordance with the list of resources found above in § 415-220H(2).

The locations and boundaries of primary conservation areas shall follow the actual boundaries of floodplains, wetlands, and steep slopes over 25%.

The locations and boundaries of secondary conservation areas shall be based on the priorities established above, practical considerations given to the tract's configuration, its context in relation to resources on adjoining properties, and the applicant's subdivision objectives. Secondary resources with the highest significance shall be included in the open space. The applicant shall also be guided by any written recommendations provided by the Township regarding the delineation of secondary conservation areas, following the site tour and/or the pre-application review.

Open space shall be delineated in a manner clearly indicating boundaries of conservation areas as well as the types of resources included within them.

The following dimensional requirements apply to open space:

Open space shall comprise a minimum of 30% of the proposed development's outermost perimeter.

If designated open space/greenway exists on an adjoining parcel, open space shall generally abut existing or potential open space land on adjacent lots or development parcels and shall be designed as part of any larger contiguous and integrated greenway systems.

No area of designated open space shall be less than 100' in width.

If a steep slope complex exists on an abutting parcel, any steep slope complex on the subject parcel that is less than 200' from the lot line shall be incorporated into natural/cultural open space to reinforce continuity between existing natural systems.

Open space used for community recreation shall have a minimum frontage of 50' on a public street; any recreation facilities shall be located within 250' of a public street and visible from the street.

If the site abuts an existing or proposed public park/open space facility, the open space within the development/subdivision shall, to the greatest extent feasible, be adjacent to such facility. Open space shall be connected via a 20' wide access easement. The easement shall not contain obstructions that could prevent the safe movement of vehicles and/or pedestrians. The slope of such easement shall not exceed 8%.

Preferred locations for stormwater and wastewater management facilities shall be identified using the ER/SA Plan as a base map.

The design of these facilities should strive to use the natural capacity and features of the site to facilitate the management of stormwater and wastewater generated by the proposal.

Opportunities to use these facilities as a buffer between the proposed open space and development areas are encouraged.

Stormwater management facilities should be located in areas identified as groundwater recharge areas.

Wastewater facilities shall comply with the requirements of Silver Spring Township Sewage Facilities Plan.

These facilities located within the open space may be counted toward the minimum open space requirement only if they meet the requirements of § 415-220H.

Development areas constitute the remaining lands of the tract outside of the required open space, where dwellings, streets, and lots are to be delineated in accordance with Steps 2, 3, and 4 below.

Step 2: Locations for dwelling units. Dwelling units shall be tentatively located, using the proposed open space from Step 1 as reference and orientation as well as other relevant data on the ER/SA Plan. Dwelling units shall be sited to:

Fit the tract's natural topography;

Be served by adequate water and sewerage facilities;

Provide views of and access to adjoining open space;

Avoid encroaching upon open space in a manner visually intrusive to users of such areas; and

Be located at least 100 feet from primary conservation areas and 50 feet from secondary conservation areas.

Step 3: Alignment of streets and trails.

Once dwelling units have been located, applicants shall delineate a street system that provides a safe pattern of vehicular and pedestrian access to each dwelling unit. Streets and trails shall conform to the tract's natural topography and provide for a safe pattern of circulation to, from and within the tract.

Streets and driveways crossing wetlands and traversing slopes over 15% shall be avoided to the greatest extent practicable.

Street connections are encouraged in order to minimize the number of new cul-de-sacs and to facilitate easy access to and from homes in different parts of the tract and on adjoining parcels. Three-way intersections shall be preferred over 4-way intersections.

Lots shall generally be accessed from interior streets, rather than from roads bordering the tract. Conservancy lots may be exempt from this requirement, as determined by the Township.

A tentative network of trails shall be shown, where appropriate, providing access to natural and cultural featuresin the open space. Potential trail connections to adjacent parcels shall also be shown in areas where a county or municipal trail network is envisioned.

Common greens, shaped by the street system, shall meet the requirements of Section 618.03.2, below.

Step 4: Design of lot lines.

Lot lines shall follow the configuration of dwelling locations and streets in a logical and flexible manner.