A. 
Establishment of districts. North Codorus Township is divided into districts enumerated below and shown on the map entitled "Zoning Map of North Codorus Township," which is part of this chapter:
Class of District
District Symbol
District Name
Resource Protection
(AP)
Agricultural Protection
(RAC)
Rural Agriculture Conservation
Residential
(R-1)
Low Density Residential
(R-2)
Medium Low Density Residential
(R-3)
Medium Density Residential
Mixed-Use
(VC)
Village Center
(MU)
Mixed Use
Economic Development
(HC)
Highway Commercial
(I)
Industrial
B. 
Boundaries of districts. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the center lines of streets, highways or railroads shall be construed to follow such center line.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following municipality limits shall be construed as following municipality limits.
(4) 
Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed to follow such center lines.
(5) 
Boundaries indicated as parallel to or extensions of features indicated in Subsection B(1) through (4) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map, unless the boundaries are indicated by dimensions.
(6) 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstance not covered above, the Zoning Officer shall determine the district boundaries; however, said determination may be appealed to the Zoning Hearing Board.
C. 
Permitted by right uses.
(1) 
The uses allowed in the districts established by this chapter and the permitted extent of these uses are as shown in the table of allowed land uses for each zoning district. The uses shown as permitted in each district are the only uses permitted in that district and all other uses are subject to Subsection D below.
(2) 
Unless otherwise noted, the extent-of-use or dimensional standards are the requirements for each use. However, additional or special extent-of-use requirements for certain uses and structures are set forth in Article IV, Use Regulations, and Article VI, Supplementary Regulations.
(3) 
No more than one type of principal use shall be permitted per lot in a residential district, unless specifically allowed otherwise. However, a dwelling unit may be located on the same lot as one of the following allowed uses: temporary housing for farm workers, an agricultural use, a kennel, a small school, a riding school or horse boarding stable or closely similar uses.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
D. 
Uses not addressed in any zoning district. If a certain use is not allowed in any zoning district, then an applicant may apply to the Zoning Hearing Board to allow the use in an HC or I District as a special exception use. The applicant shall prove to the Zoning Board that:
(1) 
The use would be compatible with adjacent uses, as well as allowed uses in the zoning district; and
(2) 
The use will not create threats to the public health and safety, or serious nuisances for adjacent uses.
E. 
Applicability. The following statements shall apply unless otherwise provided by law or in this chapter:
(1) 
No building, structure or land in each district shall be used or occupied except for the express purposes specified for each district.
(2) 
Uses, structures and lots existing at the time of passage of this chapter and not in full compliance with the provisions of this chapter shall comply with the applicable provisions of Article V, Nonconformities.
F. 
Township exemption. The provisions of this Chapter 195 shall not apply to properties owned and/or operated by the Township for uses that serve valid public purposes. "Valid public purposes" shall be limited to uses, structures and facilities that are necessary to serve sanitary sewage, water supply, recycling collection, emergency service, stormwater, public recreation, public works, public administration, environmental protection and closely similar local government purposes. However, such uses shall still meet § 195-24B.
(1) 
Nothing in this Subsection F shall prevent the Township's Board of Supervisors, in their sole discretion, from complying with any provisions of this chapter, and compliance in full or in part in one instance shall not constitute a waiver of their rights under this Subsection F, and shall not require compliance in any other part or instance.
G. 
Table of Allowed Uses in Each Zoning District.[1]
(1) 
For the purposes of this section, the following abbreviations shall have the following meanings:
P
=
Permitted by right use (zoning decision by Zoning Officer)
SE
=
Special exception use (zoning decision by Zoning Hearing Board)
N
=
Not permitted
(2) 
The numbers in parentheses refer to a section where additional regulations are provided for a use. Any land or structure shall only be used or occupied for a use specifically listed in this chapter as allowed in the zoning district where the land or structure is located. Such uses shall only be allowed if the use complies with all other requirements of this chapter.
Note: See Subsection D above which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria.
[1]
Editor's Note: The Table of Allowed Uses is included as an attachment to this chapter.
H. 
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental and subordinate to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within all other requirements of this chapter:
(1) 
Standard antennas or dish for TV reception or amateur ham radio broadcasts.
(2) 
Fence or wall.
(3) 
Garage, household.
(4) 
Garage sale, limited to occasional sale of used household items.
(5) 
Keeping of animals as an accessory use. See § 195-36.
(6) 
Parking or loading, off-street, only to serve a use that is permitted in that district
(7) 
Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
(8) 
Residential accessory structure.
(9) 
Signs, as permitted by this chapter.
(10) 
Swimming pool, private. See § 196-26B.
(11) 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.
I. 
Permitted accessory uses to business and institutional uses. The following uses are permitted by right as accessory uses only to a use permitted by right or by special exception for a commercial, industrial or institutional use, provided that all requirements of this chapter are met:
(1) 
Storage of fuels for on-site use or to fuel company vehicles.
(2) 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(a) 
Internal cafeteria without drive-through service;
(b) 
Day-care center; or
(c) 
Recreational facilities.
(3) 
Automatic transaction machine.
(4) 
Storage sheds.
A. 
Purposes. The intent of the AP District is to:
(1) 
Designate existing farming areas in North Codorus Township to be held strictly for agricultural activities.
(2) 
Protect and promote agriculture as an on-going, economic activity in existing agricultural areas in the Township, by allowing the primary land use activity in these areas to be farming with all other land uses being secondary. The protection of land for agricultural purposes is a legitimate zoning objective under the Municipalities Planning Code, as endorsed by the Township Comprehensive Plan.
(3) 
Encourage only those secondary land uses which support the agricultural functions of the area.
(4) 
Prevent adverse effects, which result from the encroachment and mixing of residential and other incompatible development with agricultural uses. Incompatible uses include residential developments, landfills, quarries, airports, golf courses and country clubs.
(a) 
These adverse effects for agricultural operations include the potential for:
[1] 
Increased traffic conflicts on narrow roads utilized for movement of farm machinery and livestock.
[2] 
Increased litter nuisance to crop and livestock farming.
[3] 
Loss of crops and livestock from increased theft, mischief or trespass.
[4] 
Complaints regarding odors, noise, dust, fencing, operation hours, and other items, which is a normal part of farming.
(b) 
These nuisance effects for residents include the potential for:
[1] 
Increased level of nuisances not normally encountered in purely residential areas and described in Subsection A(4)(a)[4] above.
[2] 
Increased levels of groundwater contamination from agricultural activities, which are a normal part of farming.
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the AP District. All uses are permitted by right or by special exception in this district under the strict conformance with the requirements of this § 195-7, unless a more restrictive requirement is established by another provision of this chapter (such as in Article IV for a specific use). In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the general requirements of Article IX, § 195-59D(2).
C. 
Area and dimensional requirements.
(1) 
Minimum yards requirements:
(a) 
Front yard: 40 feet.
(b) 
Side yard (each): 25 feet.
(c) 
Rear yard: 25 feet.
(2) 
Minimum lot width (feet).
(a) 
Lots fronting on existing roads. Lots fronting on public roads that existed prior to July 21, 1998, shall have a minimum lot width of 200 feet.
(b) 
Lots that are not regulated by Subsection C(2)(a) above: Minimum lot width shall be 100 feet.
(3) 
Maximum building height (feet): 40 feet. Buildings devoted to agricultural use shall be exempted from height regulations.
(4) 
Maximum lot coverage: 20%. Maximum building coverage: 15%.
(5) 
Flag lots. If a subdivision includes five or more new lots, a maximum of one of those new lots may include a flag lot that does not meet the minimum lot width requirement at the minimum building setback line. However, if a subdivision involves 20 or more new lots, a second flag lot shall be allowed. An allowed flag lot shall instead meet the lot width requirement at the proposed front building setback line. No part of a flag lot shall have a width of less than 50 feet, and the vehicle driveway shall be placed within the lot. See also § 195-33C.
(6) 
Trees and other vegetation shall not be planted or left untrimmed near lot lines in such a way that could grow over lot lines and obstruct the use of farm equipment on an adjacent agricultural lot.
D. 
Parent tract subdivision parcels. See the definition of "parent tract" in § 195-5. Parcels shall not be separated from the original tract as of the effective date of this chapter until after meeting the following requirements, as applicable:
(1) 
Minimum lot size for each separated lot. The minimum lot size shall be one acre. On the basis of the evaluation by the Sewage Enforcement Officer and the Zoning Officer, the minimum lot size may need to be larger to accommodate an approvable on-lot sewage system plus a replacement drainfield, well, and driveway.
(2) 
The maximum total area of the parent tract permitted to be subdivided and/or developed for nonagricultural uses shall be 20%, in accordance with the following calculations and provisions:
(a) 
Under no circumstances shall an area greater than 20% of the parent tract be subdivided and/or developed for nonagricultural uses.
(b) 
The formula for the calculation is: acreage of parent parcel as of July 21, 1998, multiplied by 20% equals maximum area to be subdivided or developed. (All decimal points shall be rounded to the nearest 1/10 of an acre.)
(c) 
An add-on lot being added to an existing parcel shall count against the maximum area of the parent tract permitted to be subdivided and/or developed.
(d) 
Lots subdivided for public park or recreational purposes, public utilities, improvements to abutting existing public roads, or stormwater facilities or land placed into easements for public recreation trails shall not count towards the twenty-percent limit.
(e) 
The twenty-percent limit on development shall not apply to development of the following on the parent lot: agricultural uses, one single-family detached dwelling, and their customary accessory uses.
(f) 
An adjustment may occur to a lot line between two existing lots, without being restricted by the twenty-percent limit on development, provided that the subdivision does not reduce the total amount of Class 1, 2 and 3 soils on the larger lot.
(g) 
that land area which was not classified as part of the original AP District, but is subsequently added to the AP District, all references to July 21, 1998, in this section shall be changed to the date when such land became part of the AP District.
(3) 
Creation of a new lot to subdivide a residential, commercial, industrial or institutional building that existed prior to July 21, 1998, from the parent tract shall be allowed, if the lot meets the following conditions:
(a) 
The area separated shall be subtracted from the twenty-percent allowable development area of the parent parcel; and
(b) 
No additional subdivision of such subdivided lot for development purposes shall be permitted.
E. 
Application requirements. The following information shall be required to be on the subdivision/land development plan:
(1) 
The total area of the parcel as shown in the records of the County Recorder of Deeds on the date of July 21, 1998.
(2) 
A parcel history, including a list of the subdivisions and developments that have occurred since July 21, 1998, with a reference to the number of lots, lot area, date of approval and recording date for each subdivision and development. The location of each lot shall be indicated on a deed plotting of the parent tract as it existed on July 21, 1998.
(3) 
The total area that has been subdivided and developed since July 21, 1998, and the number of acres remaining in the calculated area for development.
(4) 
A note stating the number of acres subdivided and developed since July 21, 1998; the number of acres assigned to any existing buildings and/or remaining acreage; and the maximum number of acres remaining to be subdivided or developed. If no acreage remains, it shall be noted on the plan.
(5) 
In submitting an application for a subdivision/land development for a dwelling unit within the AP District, the applicant shall demonstrate that measures have been used to:
(a) 
Minimize the loss of valuable farmland;
(b) 
Cluster residential lots on the subject property and, if applicable, with those lots contained on adjoining farms;
(c) 
Minimize the length of property lines shared by all residential lots and adjoining farms;
(d) 
Assure adequate vehicular access to future residences not currently proposed;
(e) 
Minimize conflicts with agricultural activities on neighboring farms.
F. 
Agricultural nuisance disclaimer: The following notice, or similar text preapproved by the Township, is required to be placed on the deed of any new lot that is created within the AP District and shall be disclosed to any buyer of a lot prior to a sale:
"Lands within the AP District are in an area where the Township has given priority to commercial agricultural production. Owners, residents and other users of this property may be subjected to inconveniences, discomfort and annoyances 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 annoyances from normal agricultural operations, and are hereby put on official notice that the Pennsylvania "Right to Farm Law" and/or any Agricultural Security Area designation may bar them from certain legal actions to limit such normal agricultural operations."
A. 
Purpose. The intent of the RAC District is to:
(1) 
Implement the growth management plan set forth through the planning area concepts developed in the Township Comprehensive Plan.
(2) 
Direct growth away from rural areas of the Township, which currently do not have and are not planned to have adequate infrastructure; that is, roadways and public utilities, to support higher levels of growth and development than currently exists.
(3) 
Protect the public welfare by minimizing roadway conflicts on rural roadways.
(4) 
Allow the concentration of higher density and intensity of land use in the Township's growth area where it is currently occurring and protect the rural, agricultural, open space and natural and scenic resources in the remainder of the Township.
(5) 
Provide options for land development in keeping with the Township's rural character and flexibility in design to protect resources.
(6) 
Recognize the recent loss of agricultural resources in this area of the Township and conserve the remaining agricultural activities. The protection of land for agricultural purposes is a legitimate zoning objective under the MPC, and which was endorsed by the North Codorus Comprehensive Plan.
(7) 
Recognize the existing development patterns.
(8) 
Implement the goals and objectives of the North Codorus Comprehensive Plan.
B. 
Allowed uses. Section 195-6G establishes the uses permitted in the RAC District. All uses are permitted by right or by special exception in this district under the strict conformance with this § 195-8, unless a more restrictive requirement is established by another provision of this chapter (such as in Article IV for a specific use). In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the requirements of § 195-59D(2).
C. 
Area and dimensional requirements.
(1) 
Minimum yard requirements:
(a) 
Front yard: 40 feet.
(b) 
Side yard (each): 25 feet.
(c) 
Rear yard: 25 feet.
(2) 
Minimum lot width (feet).
(a) 
Lots fronting on existing roads. Lots fronting on roads that existed prior to July 21, 1998, shall have a minimum lot width of 200 feet.
(b) 
Lots that are not regulated by Subsection C(2)(a) above. Minimum lot width shall be 100 feet.
(3) 
Maximum building height (feet): 40 feet. Buildings devoted to agricultural use shall be exempted from height regulations.
(4) 
Maximum lot coverage: 20%. Maximum building coverage: 15%.
(5) 
If a subdivision includes five or more new lots, a maximum of one of those new lots may include a flag lot that does not meet the minimum lot width requirement at the minimum building setback line. However, if a subdivision involves 20 or more new lots, a second flag lot shall be allowed. Such lot shall instead meet the lot width requirement at the proposed front building setback line. No part of a flag lot shall have a width of less than 50 feet, and the vehicle driveway shall be placed within the lot. See § 195-33C.
(6) 
Trees and other vegetation shall not be planted or left untrimmed near lot lines in such a way that could grow over lot lines and obstruct the use of farm equipment on an adjacent agricultural lot.
D. 
Parent tract subdivision parcels. See definition of "parent tract" in § 195-5. Parcels shall not be separated from the original tract that existed as of July 21, 1998, until after meeting the following requirements, as applicable:
(1) 
The minimum lot size for each separated lot shall be one acre. On the basis of the evaluation by the Sewage Enforcement Officer and the Zoning Officer, the minimum lot size may need to be larger to accommodate an approvable on-lot sewage system plus replacement system, well, and driveway.
(2) 
The maximum area of the parent tract that is permitted to be subdivided and/or developed in nonagricultural uses shall be 25%, in accordance with the following calculations and provisions:
(a) 
Under no circumstances shall an area greater than 25% of the parent tract that existed as of July 21, 1998 be subdivided or developed into nonagricultural uses.
(b) 
The formula for the calculation is: acreage of parent parcel as of July 21, 1998, multiplied by 25% equals maximum area to be subdivided or developed. (All decimal points shall be rounded to the nearest 1/10 of an acre.)
(c) 
An add-on lot being added to an existing parcel shall count against the maximum area of the parent tract permitted to be subdivided and/or developed.
(d) 
Lots subdivided for public park or recreational purposes, public utilities, improvements to abutting existing public roads, or stormwater facilities or land placed into easements for public recreation trails shall not count towards the twenty-five-percent limit.
(e) 
The twenty-five-percent limit on development shall not apply to development of the following on the parent lot: agricultural uses, one single-family detached dwelling, and their customary accessory uses.
(f) 
An adjustment may occur to a lot line between two existing lots, without being restricted by the twenty-percent-limit on development, provided the new lot does not include a total of more than one acre of undeveloped Class 1, 2 or 3 agricultural soils.
(g) 
that land area which was not classified as part of the original RAC District, but is subsequently added to the RAC District, all references in this section to July 21, 1998, shall be changed to the date when such land became part of the RAC District.
(h) 
that land area which was not classified as part of the RAC District as of the effective date of this chapter, or was thereafter classified as part of the RAC District, the size and ownership of the land area and the development existing on the land area on the effective date of the change in zoning classification shall determine the amount of subdivision and development that may occur on such land area.
(3) 
Creation of a new lot to subdivide a residential, commercial, industrial or institutional building that existed prior to July 21, 1998, from the parent tract shall be allowed, if they meet the following conditions:
(a) 
The area separated shall be subtracted from the twenty-five-percent allowable development area of the parent parcel; and
(b) 
No additional subdivision of such subdivided lot for development purposes shall be permitted.
E. 
Application requirements. The following information shall be required to be on the subdivision/land development plan:
(1) 
The total area of the parcel as shown in the records of the County Recorder of Deeds as of July 21, 1998.
(2) 
A parcel history, including a list of the subdivisions and developments that have occurred since July 21, 1998, with a reference to the number of lots, lot area, date of approval and recording date for each subdivision and development. The location of each lot shall be indicated on a deed plotting of the parcel as it existed as of July 21, 1998.
(3) 
The total area that has been subdivided and developed since July 21, 1998, and the number of acres remaining in the calculated area for development.
(4) 
A note stating the number of acres subdivided or developed since July 21, 1998; the number of acres assigned to any existing buildings and/or remaining acreage; and the maximum number of acres remaining to be subdivided or developed. If no acreage remains that can be subdivided or developed, it shall be noted on the plan.
(5) 
In submitting an application for a subdivision/land development for a dwelling unit within the RAC District, the applicant shall demonstrate that measures have been used to:
(a) 
Minimize the loss of valuable farmland;
(b) 
Cluster residential lots on the subject property and, if applicable, with those lots contained on adjoining farms;
(c) 
Minimize the length of property lines shared by all residential lots and adjoining farms;
(d) 
Assure adequate vehicular access to future residences not currently proposed; and
(e) 
Minimize conflicts with agricultural activities on neighboring farms.
F. 
Agricultural nuisance disclaimer: The following notice, or similar text preapproved by the Township, is required to be placed on the deed of any new lot that is created within the RAC District and shall be disclosed to any buyer of a lot prior to a sale:
"Lands within the RAC District are in an area where the Township has given priority to commercial agricultural production. Owners, residents and other users of this property may be subjected to inconveniences, discomfort and annoyances 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 annoyances from normal agricultural operations, and are hereby put on official notice that the Pennsylvania "Right to Farm Law" and/or any Agricultural Security Area designation may bar them from certain legal actions to limit such normal agricultural operations."
A. 
Purposes. The intent of the R-1 District is to:
(1) 
Recognize and protect the existing low-density residential development patterns, which have occurred in proximity to the Borough of New Salem and at the edges of the Village of Stoverstown.
(2) 
Allow a moderate amount of similar growth and development to occur adjacent to the existing residential development.
(3) 
Include the majority of these areas within the intended public sewer service area of the Township.
(4) 
Implement the Township Comprehensive Plan.
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the R-1 District. All uses are permitted by right or by special exception in this district under the strict conformance with the requirements of this § 195-9, unless a more restrictive requirement is established by another provision of this chapter (such as in Article IV for a specific use). In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the requirements of § 195-59D.
C. 
Area and dimensional requirements.
(1) 
The following requirements shall apply, unless a more restrictive requirement applies, such as in Article IV for a specific use.
Table 195-9C
Area and Dimensional Requirements
Requirement
Lots Served by Both Public Water and Public Sewer
Lots Served by Public Water or Public Sewer
Lots Served by Neither Public Water nor Public Sewer
Minimum lot area (square feet)1
20,000
25,000 with public sewer; 40,000 with public water
43,560
Minimum lot width at setback line (feet)
100
100 with public sewer; 150 with public water
150
Minimum yards (feet)
Front2
25
25
25
Side
10
10
10
Rear
15
15
15
Maximum building height (feet)
40
40
40
Maximum building coverage (percent)
20
20
Maximum lot coverage (percent)
35*
35*
35*
NOTES:
1
Where no public sewer exists, the Township Sewage Enforcement Officer must analyze compliance with state septic regulations in accordance with the Township SALDO. On the basis of the analysis, the minimum lot sizes and width shall be increased to accommodate an approvable on-lot sewage system and alternate drainfield location.
2
The front yard setback shall be increased by five feet to a minimum setback of 30 feet when the lot is adjacent to a rural arterial as defined in the North Codorus Comprehensive Plan.
*
Except a thirty-five-percent maximum building coverage and a fifty-percent maximum lot (impervious) coverage for an allowed school or place of worship.
(2) 
Additional nonresidential requirements. The lot area and width requirements shall be increased as necessary to accommodate off-street parking, loading and buffers and screening established in Articles VI and VII of this chapter and design requirements of the SALDO.
A. 
Purposes. The purposes of the R-2 District are to:
(1) 
Recognize and protect the existing medium-density residential development patterns, which have occurred in proximity to Seven Valleys Road and Trinity Road.
(2) 
Allow a moderate amount of similar growth and development to occur adjacent to the existing residential development.
(3) 
Include these areas within the intended public sewer service area of the Township.
(4) 
Provide areas in the Township which allow a mix of residential dwelling unit types and densities.
(5) 
Implement the Township Comprehensive Plan.
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the R-2 District. All uses are permitted by right or by special exception in this district under the strict conformance with the requirements of this § 195-10, unless a more restrictive requirement is established by another provision of this chapter (such as in Article IV for a specific use). In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the additional requirements of Article IX, § 195-59.
C. 
Area and dimensional requirements.
(1) 
Residential requirements.
(a) 
The maximum density for dwellings with public water and sewage services shall be four units per buildable acre. This maximum density shall be calculated based upon the buildable acreage, which shall be calculated after deleting the following features:
[1] 
Fifty percent of land within the one-hundred-year floodplain;
[2] 
All land with a natural slope of greater than 25%;
[3] 
Fifty percent of land with a natural slope of 15 to 25%; and
[4] 
Fifty percent of land within electric overhead transmission rights-of-way or easements that are intended to have a capacity of 35 kilovolts or greater.
(b) 
Single-family semidetached, single-family attached (townhouse) and multifamily dwelling developments shall not be permitted without both public water and public sewage services.
(c) 
The area and dimensional requirements are presented on the following table for residential uses.
Table 195-10C
Residential Use: Area and Dimensional Requirements
Requirement by Type of Unit
Regulation
Single-Family Detached
Single-Family Semidetached
Single-Family Attached Dwelling
Multifamily Dwellings
Minimum lot area per dwelling unit (square feet)1
Lots served by both public water and public sewer
6,000, up to 4 dwelling units per buildable acre as claculated under Subsection C(1) above
4,500, up to 4 dwelling units per buildable acre as calculated under Subsection C(1) above
No lot size. Maximum average of 4 dwelling units per buildable
cre, as calculated under Subsection C(1) above
1 acre total lot area required, maximum average of 4 dwelling units per buildable acre, as calculated under Subsection C(1) above
Lots served by public water or public sewer
25,000 with public sewer, 40,000 with public water
N/A
N/A
N/A
Lots served by neither public water nor public sewer
43,560
N/A
N/A
N/A
Minimum lot width at setback line per dwelling unit (feet) for lots served by public water and sewer
50
35
18, except 24 if a single-family attached dwelling has garage doors or parking spaces for 2 or more vehicles along the front of the dwelling facing onto a street
802
Minimum lot width at minimum front setback line per dwelling unit (feet) for lots that are not served by both public water and public sewage services
150
N/A
N/A
N/A
Minimum yards (feet) 3
Front
25
25
25
25
Side
8
8
15
15
Rear
15
15
15
15
Maximum building height (feet)
40
40
40
40
Minimum building spacing between principal buildings
(feet)
N/A
N/A
30
30
Maximum number of units per building
N/A
N/A
84
16
Maximum building coverage
30%
30%
30%
30%
Maximum lot coverage
40%
40%
40%
60%
NOTES:
1
Where no public sewer exists, the Township Sewage Enforcement Officer must analyze the results of the soil percolation tests in accordance with the Township Subdivision Land Development Ordinance. On the basis of that analysis, the minimum lot sizes and width shall be increased to accommodate an approvable on-lot system.
2
Minimum lot width per building, not unit.
3
The front yard setback shall be increased by five feet to a minimum setback of 30 feet when the lot is adjacent to a rural arterial as defined in the North Codorus Comprehensive Plan.
4
Maximum number of single-family attached dwellings that shall be attached in any manner.
* =
Based upon all lots in the development tract after completion, not each individual lot.
(d) 
A minimum of 20% of the total land area of a single-family attached (townhouse) dwelling or multifamily (apartment) development shall be provided as common open space for use of the residents. Such land area may also be approved by the Township to meet recreation requirements of the SALDO, if the land also meets those requirements.
(2) 
Nonresidential requirements. Nonresidential principal uses shall follow the area and dimensional requirements set forth in the table below, or as indicated in Article IV, Use Regulations, whichever is more restrictive. However, the lot area and width requirements shall be increased as necessary to accommodate off-street parking, loading and buffers and screening established in Articles VI and VII of this chapter and design requirements of the Township SALDO.
Table 195-10.C(2)
Nonresidential Uses: Area and Dimensional Requirements
Regulation
Detached Buildings
Minimum lot area (square feet)
20,000
Minimum lot width at setback line (feet)
80
Yards (feet):
Maximum front
25
Minimum side
15, except 25 feet from the lot line of a lot occupied by an abutting existing dwelling
Minimum rear
55
Maximum building height (feet)
40
A. 
Purposes. To provide appropriate areas in North Codorus Township to accommodate new residential development and thus meet the goals and objectives and implement the policies of the Comprehensive Plan. To develop in a way that promotes environmentally sensitive design. To provide missing links to existing and future collector roadway and pedestrian networks consistent with the North Codorus Official Map. To offer opportunities for a variety of housing types.
B. 
Allowed uses and dimensional standards. Section 195-6G establishes the uses allowed in the R-3 District. All such uses are permitted by right or by special exception in this district under the strict conformance with the dimensional requirements and reference to specific and relevant sections of this chapter. In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the Use Regulations (Article IV), special exception uses shall meet the requirements of Article IX, § 195-59.
(1) 
The R-3 District shall be developed under the same dimensional requirements as are provided for the R-2 District, except that manufactured/mobile home parks shall need special exception approval and shall meet the requirements of § 195-17D of this chapter and the design requirements set forth in the SALDO.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(2) 
Nonresidential requirements. Allowed nonresidential nonagricultural uses shall meet the following area and dimensional requirements:
(a) 
Any allowed nonresidential uses shall be designed to serve the local neighborhoods.
(b) 
Nonresidential uses shall be grouped together either as one single parcel or on individual lots.
(c) 
A unified layout served by common on-site parking, ingress and egress access drives and stormwater control facilities shall be provided in accordance with the SALDO.
(d) 
A comprehensive signage plan shall be used including development identification, individual building identification, and pedestrian crossing, parking and directional signage.
(e) 
A unified lighting plan shall be used.
(f) 
An internal pathway system shall be provided to provide access to all buildings, open space areas, parking areas and residential neighborhoods.
(g) 
A unified building design concept, while not mandatory, should be considered when developing two or more nonresidential uses. The design should generally relate to the scale and design features of the surrounding residential community and contain the following elements:
[1] 
Diversity in roof types and roof-line offsets.
[2] 
Variety of building heights not to exceed the maximum height.
[3] 
Diversity in the horizontal length of building through the introduction of offsets at irregular intervals along the facade of buildings.
(3) 
Street configuration. All new lots for principal nonresidential uses shall be provided access by an interior street network.
(4) 
Buffers and screening requirements.
(a) 
A planted buffer in accordance with Article VI, § 195-35, of this chapter and the Township SALDO[2] shall be provided: (1) between any principal nonresidential use and any adjacent residential use, and/or (2) between new apartment dwellings or their parking areas and existing single-family detached dwellings.
[2]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(b) 
A fifty-foot-wide building setback shall be required where new residential development would abut a principal agricultural use outside the R-3 District.
(c) 
The buffer areas may be calculated as part of the common open space areas.
(5) 
Open space and recreation area requirements. Open space and recreation shall be provided in accordance with the requirements below and designed in accordance with the SALDO.
(a) 
There shall be proper maintenance and management provisions for any common open space, buffers or shared facilities. See § 195-42.
(b) 
The Township may require the provision of hiking/bicycling trails for passive recreation including all trails on the Township Official Map.
(c) 
A minimum of 20% of the total land area of a single-family attached (townhouse) or multifamily (apartment) dwelling development shall be provided as common open space for use of the residents. Such land area may also be approved by the Township to meet recreation requirements of the SALDO, if the land also meets those requirements.
(6) 
Lot coverage. The lot area shall not be covered with an impervious surface for more than 50%. This requirement may be measured based upon all lots within a residential development.
C. 
Site plan. To meet the natural resource protection standards of the SALDO and this chapter, the following information is required at the time of the application of the subdivision or land development plan. A sketch plan submission is strongly recommended, although not required.
(1) 
A site plan which illustrates the following:
(a) 
All natural resources as needed to develop the site capacity calculation, including the location of woodlands.
(b) 
All rights-of-way of future or improved existing roadways and nonmotorized pathways and open space corridors designated on the North Codorus Official Map.
(c) 
All existing easements and utility rights-of-way.
A. 
Purposes. The intent of the VC District is to:
(1) 
Recognize and protect the historic settlement patterns and existing village characteristics present in the Village of Stoverstown, a unique place in North Codorus Township.
(2) 
Allow a moderate amount of similar growth and development to occur adjacent to the existing Stoverstown community.
(3) 
Include these areas within the planned public sewer service area of the Township.
(4) 
Provide pedestrian linkages to connect community facilities with residential neighborhoods.
(5) 
Implement the Township Comprehensive Plan.
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the VC District. All such uses are permitted by right or by special exception in this district under the strict conformance with the requirements of this § 195-12, unless a more restrictive requirement is established by another provision of this chapter (such as in Article IV for a specific use). In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the general requirements of Article IX, § 195-59D(2).
C. 
Area and dimensional requirements.
(1) 
Residential requirements. The same requirements shall apply as are provided within the R-2 District regulations, except that the minimum lot size for a single-family detached dwelling with public water and sewage services shall be 10,000 square feet, and such dwellings shall have side yards of 10 feet each.
(2) 
Allowed nonresidential uses shall meet the following conditions, in addition to any applicable special exception conditions [such as in § 195-59D (2)], whichever is more restrictive:
(a) 
Mixed residential/nonresidential uses and principal nonresidential uses shall follow the dimensional requirements set forth in the R-2 District for nonresidential uses, with the following exceptions:
[1] 
Minimum lot area shall be 40,000 square feet.
[2] 
Maximum lot coverage shall be 70%.
(b) 
Parking lots for nonresidential uses shall be set back a minimum of 25 feet from the front street right-of-way line. The use shall incorporate a planted buffer between the parking area and property line in accordance with the SALDO. Alley access is optional.
(c) 
The uses shall front on either Stoverstown Road or Sunnyside Road.
(d) 
As viewed from a public street, all new principal nonresidential buildings shall have a similar style and appearance as the surrounding residential units or a style of a traditional agricultural or storefront building. The applicant shall provide an architectural sketch or cross-section of the front facade and describe proposed building materials.
(e) 
Nonresidential uses shall not be open to customers or the public between the hours of 10:00 p.m. and 6:00 a.m.
(f) 
A minimum of 15% of the lot with a nonagricultural nonresidential principal use shall be planted in trees and shrubs, with a vegetative cover.
D. 
Pedestrian walkways and paths shall be incorporated into development and/or lot layout in accordance with the Township Official Map.
A. 
Purposes. The intent of the MU District is to:
(1) 
Preserve the rural character of the Jefferson Road and York Road corridors.
(2) 
Provide areas for a mixture of residential and limited number of business uses to meet the needs of the surrounding rural agricultural community.
(3) 
Designate an area large enough to provide an adequate buffer between development adjacent to the roadway and the agricultural community.
(4) 
Protect agricultural resources in the area.
(5) 
Limit the density and intensity of development to be consistent with the rural environment.
(6) 
Manage access to and from the corridor to protect public safety.
(7) 
Utilize on-lot water and sewer facilities.
(8) 
Seek to locate development away from sensitive natural resources (such as wetlands, floodplains, steep slopes, woodlands, and scenic views and vistas).
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the MU District. All such uses are permitted by right or by special exception in this district under strict conformance with the dimensional requirements and reference to specific, relevant sections of this chapter. In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the general requirements of Article IX, § 195-59D(2).
C. 
Area and dimensional requirements.
(1) 
Minimum lot area shall be two acres, except one acre shall be permitted for a lot that is limited to being occupied by a single-family detached dwelling and its customary accessory uses.
(2) 
Minimum lot width (feet).
(a) 
Lots fronting on a public road that legally existed prior to July 21, 1998, shall have a minimum lot width of 200 feet.
(b) 
Lots that do not meet the standard of Subsection C(2)(a) above: Minimum lot width shall be 100 feet.
(3) 
Maximum building height (feet): 40 feet. Buildings devoted to agricultural uses shall be exempted from height regulations.
(4) 
Maximum lot (building) coverage shall be 50%.
(5) 
At least 15% of the lot area shall be maintained with a vegetative cover and landscaping.
(6) 
Minimum yard requirements:
(a) 
Front yard: 50 feet, except 40 feet for a single-family detached dwelling.
(b) 
Side yard: 50 feet, except 25 feet for a single-family detached dwelling.
(c) 
Rear yard: 50 feet, except 40 feet for a single-family detached dwelling.
(7) 
If a subdivision includes five or more new lots, a maximum of one of those new lots may include a flag lot that does not meet the minimum lot width requirement at the minimum building setback line. However, if a subdivision involves 20 or more new lots, then a second flag lot shall be allowed. A flag lot shall meet the lot width requirement at the proposed front building setback line. No part of a flag lot shall have a width of less than 50 feet, and the vehicle driveway shall be placed within the lot. See § 195-33C.
D. 
Site requirements for nonresidential uses, other than a lot with a principal agricultural use:
(1) 
No parking is permitted to be placed in the front yard area between the front face of the principal building (the side of the building parallel to the road right-of-way) and the road right-of-way. Only landscaping, permitted signage, and permitted access driveways are permitted to be located in the front yard area.
(2) 
Required parking shall be located to the side or rear of the principal structure on the lot. The parking lot shall be designed in accordance with the landscaping and buffering standards of the SALDO.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(3) 
Outdoor refuse areas shall be enclosed by walls or opaque fencing designed to be architecturally compatible with the principal building(s). Wall or fencing shall be designed to shield the refuse areas from direct view of any adjacent property and shall be at least six feet high.
(4) 
A buffer yard and screening in accordance with § 195-35 of Article VI, Supplementary Regulations, shall be provided at the lot line of all nonresidential properties abutting a residential use or district.
E. 
Existing tracts as of the effective date of this amendment which are in agricultural use may be developed in accordance with regulations established for the RAC District as set forth in § 195-8C to E, inclusive.
A. 
Purposes. The intent of the HC District is to:
(1) 
Provide areas within the Township which are suitable locations for the development of commercial and business activities to meet the general retail and office needs of the Township residents.
(2) 
Provide areas for these activities with direct access to the rural arterials and sufficient existing or future carrying capacities to meet traffic demands.
(3) 
Separate these higher intensity uses from the less intense residential uses and rural areas of the Township.
(4) 
Establish these areas within the existing and future public sewer and water service area to the greatest extent possible.
(5) 
Locate these areas away from sensitive natural resources (e.g., wetlands, floodplains, steep slopes, woodlands, and scenic views and vistas).
(6) 
Coordinate adequate points of access, parking and stormwater management for contiguous commercial and office activities to avoid strip development.
(7) 
Develop a common set of design standards to address parking, access, signage, lighting and landscaping.
(8) 
Implement the Township Comprehensive Plan.
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the HC District. All such uses that are permitted by right or by special exception in this district shall meet the dimensional requirements and all other relevant sections of this chapter. In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the requirements of § 195-59D.
C. 
Area and dimensional requirements.
(1) 
Minimum lot area shall be 40,000 square feet and minimum lot width shall be 100 feet. Where central sewage service will not be provided, a larger lot width and lot area may effectively be needed in order to accommodate both the primary and a tested alternative drainfield location.
(2) 
Maximum lot (impervious) coverage shall be 65%.
(3) 
At least 15% of the lot area shall be maintained with a vegetative cover and landscaping, including trees, shrubs and a vegetative ground cover.
(4) 
Minimum yard requirements:
(a) 
Front yard: 30 feet.
(b) 
Side yard: 10 feet with the following exceptions:
[1] 
A thirty-foot-wide yard shall be required where any side lot line of a lot of a principal nonresidential building abuts any lot line of a lot occupied by an existing principal dwelling unit.
[2] 
Where shared parking lots are proposed, which utilize a common access driveway between adjoining lots, a setback is not required between the shared parking lots. The shared parking facilities shall be subject to requirements under Article VII, Off-Street Parking and Loading Requirements.
(c) 
Rear yard: 20 feet, except 40 feet where the rear lot line of a principal nonresidential building abuts a lot occupied by an existing principal dwelling.
(5) 
Maximum height of buildings or structures: 40 feet.
D. 
Additional site requirements for nonresidential uses, other than agricultural uses:
(1) 
The parking lot shall be designed in accordance with the landscaping and buffering standards of the Township SALDO.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(2) 
Outdoor refuse areas shall be enclosed by landscaping, walls or solid fencing and gates designed to be architecturally compatible with the principal building(s). Landscaping, walls or fencing shall be designed to shield the refuse areas from direct view of any adjacent property and shall be at least six feet high.
(3) 
A buffer yard and screening in accordance with Article VI, Supplementary Regulations, shall be provided at the lot line of all nonresidential properties abutting a residential use or district.
(4) 
The consolidation and sharing of off-street parking and stormwater management facilities and access drives is encouraged provided they meet the requirements of the SALDO.
A. 
Purposes. The intent of the Industrial District is to:
(1) 
Provide areas in the Township which are suitable locations for the development of industrial and business activities.
(2) 
Provide local and regional employment centers, thus increasing the tax base of the community.
(3) 
Locate these areas with direct access to arterials and/or major collectors as classified in the Comprehensive Plan.
(4) 
Locate these areas, generally, within or with reasonable expectation of being within the public water and sewer service area.
(5) 
Locate these areas away from sensitive natural resources; that is, wetlands, floodplains, steep slopes, woodlands, and scenic views and vistas.
(6) 
Prohibit any use which would substantially interfere with the development, continuation or expansion of industrial uses in the district.
(7) 
Establish reasonable standards for the provision of facilities and operation of industries to minimize air pollution, noise, glare, heat, vibration and fire and safety standards.
(8) 
Acknowledge the current agricultural use of much of the land with the gradual shift of these uses from agricultural to industrial use over time.
(9) 
Locate industrial parks in the areas of the Township deemed appropriate in accordance with the Township Comprehensive Plan.
(10) 
Implement the Township Comprehensive Plan.
B. 
Allowed uses. Section 195-6G establishes the uses allowed in the I District. All such uses are permitted by right or by special exception in this district in conformance with the dimensional requirements and other relevant sections of this chapter. In addition, Article II, Definitions; Article IV, Use Regulations; Article VI, Supplementary Regulations; Article VII, Off-Street Parking and Loading Requirements; and Article VIII, Sign Regulations, are applicable. In addition to the use regulations (Article IV), special exception uses shall meet the requirements of Article IX, § 195-59D.
C. 
Area and dimensional requirements.
(1) 
Minimum lot area shall be 40,000 square feet and minimum lot width shall be 200 feet. Where central sewage service will not be provided, a larger lot width and lot area may effectively be needed in order to accommodate both the primary and a tested alternative drainfield location.
(2) 
Maximum lot (impervious) coverage shall be 75%.
(3) 
At least 10% of the lot area shall be maintained as landscaping with trees, shrubs and vegetative ground cover, in accordance with the SALDO.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(4) 
Minimum yard requirements:
(a) 
Front yard: 50 feet.
(b) 
Side yard: 25 feet.
[1] 
Where an industrial use in the I Industrial District abuts a district other than an Industrial or HC District, the minimum setback shall equal 75 feet. Such setback shall be 50 feet for a nonindustrial use.
[2] 
A lot may include two or more buildings or nonresidential uses within the Industrial District.
[a] 
Where shared parking lots are proposed, which utilize a common access driveway between adjoining lots, a setback is not required between the shared parking areas. The shared parking facilities shall be subject to requirements under § 195-47 of Article VII, Off-Street Parking and Loading Requirements.
[b] 
Buildings on the same lot shall be spaced a minimum of 25 feet apart and shall provide adequate access for fire apparatus.
(c) 
Rear yard: 25 feet; except where the I Industrial District abuts a district other than an Industrial or HC District, the minimum setback shall equal 75 feet for an industrial use and 50 feet for a nonindustrial use.
(d) 
Buffer yard;
[1] 
A buffer yard and screening shall be required along all property lines abutting districts or uses that are not zoned Industrial or HC, in accordance with the SALDO.
[2] 
In no case shall a structure or parking lot be closer than 50 feet from a lot line of a residential use or district.
(5) 
Maximum height of buildings or structures: 50 feet. Nonhabitable structures over 50 feet shall be allowed only after meeting the following requirements:
(a) 
The Zoning Officer shall review the proposed height and use with local fire and construction code officials, to determine that the structure does not present a public safety risk.
(b) 
Yard setbacks and setbacks between structures shall be increased by one foot for each one foot the structure exceeds 50 feet.
(6) 
Any area routinely used for the parking, unloading or loading of two or more tractor-trailer trucks or the bulk storage or processing of hazardous substances shall be set back a minimum of 100 feet from the lot line of any dwelling or a residential district boundary.
D. 
Shared infrastructure. The consolidation and sharing of off-street parking, stormwater management facilities and access drives is encouraged and shall meet the requirements of the Township SALDO.
E. 
Environmental standards. All environmental and performance standards to minimize harmful or nuisance effects that may be associated with industrial uses shall be met as set forth in § 195-41, Performance Standards.
F. 
Protection of the Seven Valleys Aquifer. The Industrial District located adjacent to Green Valley Road is located in the Seven Valleys Aquifer, a sole source aquifer. To protect this water resource, an environmental assessment in accordance with the North Codorus SALDO shall be completed at the time of subdivision and land development or prior to receiving a use permit and shall demonstrate that the proposed use shall have no adverse impact on the water quality of the area. For example, an applicant should show that any loading, unloading or processing of hazardous substances will occur over an impervious surface that will contain any spill.
A. 
Applicability and purposes. The open space development option offers the ability to develop with smaller lot areas, lot widths and setbacks in the R-1 District, in return for the permanent preservation of substantial common or preserved open space. Such open space may serve agricultural preservation or noncommercial recreation purposes.
B. 
Uses and dimensions. The only uses that shall be allowed in an OSD shall be single-family detached dwellings and their customarily incidental accessory uses, as is allowed in the R-1 District. In addition, the common or preserved open space may be used as provided in this § 195-15.3.
(1) 
All of the provisions of this Zoning Ordinance and the R-1 District regulations shall continue to apply, except for provisions modified by this § 195-15.3.
(2) 
In order to use the OSD option, a minimum of 30% of the total land area of the tract (before subdivision but after deleting rights-of-way along existing streets) shall be permanently preserved as common or preserved open space (see definition in § 195-5).
(3) 
For single-family detached dwellings, the minimum lot area may be reduced to 12,000 square feet, the minimum lot width at the minimum building setback line may be reduced to 80 feet, each minimum side yard may be reduced to eight feet, the maximum building coverage may be increased to 30% and the maximum lot coverage may be increased to 40%.
(4) 
The OSD shall include a total of at least two acres prior to subdivision.
C. 
To determine the maximum allowed density in an OSD, a yield plan is required. This yield plan shall be drawn accurately to scale, but shall only be required to have the level of detail typically found in a sketch plan. The yield plan shall show the number of single-family detached dwelling lots that would be feasible on the tract of land under the dimensional standards of the R-1 District that would apply without the OSD option.
(1) 
The yield plan shall be reviewed by the Zoning Officer and Township Engineer and shall be required to be modified by the applicant if such staff determines that it is not accurate.
(2) 
The maximum density in an open space development shall not exceed 120% of the density that is shown to be feasible on the yield plan. However, the applicant is still required to comply with other provisions of this section, and does not guarantee that such density is achievable.
D. 
All dwelling units in an open space development shall be served by both public water and public sewage services.
E. 
To avoid fragmented open spaces, a minimum of 50% of the required open space must be in one contiguous lot, except that the preserved open space may be separated by creeks, water bodies, and a maximum of one street. A driveway limited to emergency vehicles may also cross the preserved open space.
F. 
Where applicable, the majority of the required common/preserved open space should be placed in one or more of the following locations:
(1) 
Adjacent to an existing or planned public or homeowner association-owned recreation area;
(2) 
Adjacent to existing farmland, where the open space will help to separate the homes and the agricultural activities;
(3) 
At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot;
(4) 
Adjacent to a major road where the open space will serve to buffer homes from the traffic;
(5) 
Within an area of land that is feasible to be used for agricultural purposes; and/or
(6) 
Adjacent to a business zoning district where the open space will serve to buffer homes from businesses.
G. 
An open space development shall only be approved if the applicant proves to the satisfaction of the Board of Supervisors that the following additional conditions shall be met, at the time of the preliminary subdivision application:
(1) 
That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be developed as a conventional development. Such valid public purposes include but are not limited to the following:
(a) 
The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, mountain ridges, important wildlife corridors/habitats, highly scenic areas or other sensitive natural features.
(b) 
The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes. In such case, new dwellings shall be concentrated adjacent to existing dwellings and residential zoning districts.
(c) 
The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.
(d) 
The provision of preserved open space in a location that will allow homes to be buffered from a heavily traveled road, agricultural uses, or business uses. Where the homes are being buffered from a major road, landscaping shall be used in the open space as a buffer.
(2) 
The applicant shall prove that the proposed open space development has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.
(a) 
At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, and public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult.
(b) 
The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.
(3) 
The Township may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.
H. 
The open space shall be in addition to the recreation land or fee-in-lieu of land requirements of the Township Subdivision and Land Development Ordinance (SALDO)[1], unless the applicant proves to the satisfaction of the Board of Supervisors that the proposed common/preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
I. 
Standards. Required common/preserved open spaces shall meet all of the following requirements:
(1) 
Common/preserved open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any nonagricultural commercial purposes. Forestry shall be limited to selective cutting following a Township-approved forest management plan that follows best management practices. Land approved as required common/preserved open space shall only be used for noncommercial active or passive recreation, a noncommercial community center for meetings and recreation, a Christmas tree farm, a nature preserve, a horse farm, a wholesale plant nursery, crop farming and/or another Township-approved agricultural use.
(2) 
Improvements to open spaces. Where common/preserved open space is proposed to be used for recreation and/or dedicated to the Township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.
(a) 
Examples of such improvements include preservation and planting of trees, development of trails, stabilization of creek banks, removal of undesirable vegetation, and grading of land for recreation (such as an informal open play field for youth).
(b) 
Type of maintenance. The final subdivision plan shall state the intended type of maintenance of the open space, such as lawn areas that are regularly mowed, or natural areas for passive recreation that are intended for minimal maintenance.
(c) 
All proposed common/preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.
(d) 
The applicant shall prove that all required common/preserved open space would be suitable for its intended and Township-approved purposes. The Township may require the provision of a trail easement and/or the construction of a recreation trail through common/preserved open space. If a developer installs a trail, it shall be completed prior to the final sale of all immediately adjacent residential lots to residents.
(e) 
Lots and common/preserved open spaces should be located to promote pedestrian and visual access to preserved open spaces whenever possible.
(f) 
Sufficient access points from each common/preserved open space shall be provided to streets for pedestrian access and maintenance access, unless it will be used for agricultural purposes. The Board of Supervisors may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting Township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.
(g) 
Open space ownership. The method(s) to be used to own, preserve and maintain any common/preserved open space shall be acceptable to the Township. The Township shall only approve an open space development if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.
(h) 
The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The Township shall only accept ownership of open space if the Board of Supervisors has agreed in writing in advance to accept such ownership. If the preserved open space will not be owned by the Township, then the preserved open space shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Supervisors:
[1] 
Dedication to the County as public open space, if the County Commissioners agree in writing to such dedication.
[2] 
Dedication to the School District if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education and/or related open space.
[3] 
Dedication to a homeowners' association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for preserved open space that is not publicly owned.
[4] 
Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.
[5] 
Dedication of a permanent conservation easement that results in the land being used for a Township-approved agricultural use, such as crop farming, a tree farm, or a horse farm, and which may include one of the allowed dwelling units on the lot.
[6] 
Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.
[7] 
Preservation of the common/preserved open space as part of one privately owned lot that is restricted against subdivision by a conservation easement, if the applicant proves that none of the other alternatives are feasible. In such case, the common/preserved open space shall be in addition to the land area that would needed to meet the requirements for any dwelling on the lot. The conservation easement shall control alteration of natural features on the lot and shall limit nonresidential use/nonagricultural use of the lot.
[8] 
The Township shall be included as a third-party beneficiary in the event of a dedication of common/preserved open space to an entity other than the Township. Such third-party beneficiary status shall provide the Township with the authority, but not necessarily the responsibility, to enforce any use restrictions, limitations or conditions set forth in such deed of dedication.
A. 
Setbacks.
(1) 
No new building, new or expanded vehicle parking, or business outdoor storage shall be located within 100 feet from the center of a perennial creek.
(2) 
Along an intermittent creek where a one-hundred-year floodplain has not been determined under FEMA floodplain mapping, no new building, new or expanded vehicle parking, or business outdoor storage shall be located within 25 feet from the center of such a creek.
(3) 
Perennial and intermittent creeks shall be those creeks mapped as such on the applicable United States Geological Survey quadrangle map, or a more accurate official source acceptable to the Zoning Officer.
B. 
Standards.
(1) 
To the maximum extent feasible, any street or driveway crossing of a perennial creek shall be approximately perpendicular to the creek.
(2) 
Existing healthy natural vegetation adjacent to a creek should be preserved.
(3) 
Areas within the setback established by the above Subsection A shall be preserved in their natural state, except for planting of trees and shrubs; removal of invasive species or dead, dying, diseased or dangerous vegetation; erosion/sedimentation/stormwater control improvements; public recreation or trail improvements; and necessary utility, street and driveway crossings.
(a) 
Selective thinning of woods may occur within the one-hundred-foot setback provided that the land remains vegetated, the majority of the trees remain, and no clear-cutting or grubbing occurs.
(b) 
If existing trees and other vegetation are removed within this setback for development purposes, they shall be replaced with new trees and other vegetation that will serve the same ecological and water quality purposes.
(4) 
If existing undeveloped or agricultural land along a perennial waterway is developed for nonagricultural purposes, and the land along the waterway is not occupied by trees that will be preserved, then new trees shall be planted. A minimum average of one tree shall be required for every 50 feet of creek length, on each side of the creek that is controlled by the applicant. Such trees do not need to be evenly spaced, but the species shall be chosen to be appropriate for the soil conditions and to provide shade over the waterway.