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.
(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:
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.
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.
(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:
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.
(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:
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.
(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:
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.
| |
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]
(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:
(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.
(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:
(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.
(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.
(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.
(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.
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.
(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:
(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%.
(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;
(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.
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.
