Derry Township Mifflin County
City Zoning Code
City Zoning Code
ARTICLE II
Zone Regulations
§ 215-12 Agricultural Zone (A).
A.
Purpose. The purpose of the Agricultural Zone is to promote the continuation of agricultural activities and the protection of agricultural land in those areas most suitable for farming. Areas included in the zone have been specifically identified as possessing valuable and nonrenewable natural resources. This zone also intends to protect and stabilize the Township's viable agricultural economy by prohibiting uses that are incompatible with farming, but permitting farm occupations and limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices, and related businesses. Finally, the provisions of this zone have been specifically formulated to further the objectives of the Municipalities Planning Code[1] which provides that local zoning ordinances shall be designed "to preserve prime agriculture and farmland considering topography, soil type and classification, and present use." Lands within the Agricultural Zone are not suitable for the provision of public sewer or water.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, including timber harvesting, aquaculture and fish hatcheries, but excluding intensive commercial poultry and/or livestock operations, as defined herein, and mushroom operations;
(2)
Family day-care facilities, as defined herein;
(4)
Grange halls;
(5)
Public and nonprofit parks and playgrounds;
(6)
Public utilities structures, excluding those for sewer and water; and
(7)
Accessory uses customarily incidental to the above-permitted uses, including, but not limited to, the following:
(a)
Roadside stands for the sale of agricultural products, subject to the following:
[1]
At least half of the products displayed for sale shall have been produced on the premises;
[2]
All structures used to display goods and related parking shall be no more than 500 square feet in size, and shall maintain a twenty-five-foot setback from all property and street right-of-way lines;
[3]
Off-street parking shall be provided at the rate of one space per each 150 square feet of sale display area; and
(b)
Manure storage facilities, if located on a farm, and subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection;
[2]
All manure storage facilities' designs shall be reviewed by the Mifflin County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility;
[3]
Construction and subsequent operation of the manure storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Mifflin County Conservation District; and
[4]
All manure storage facilities shall be set back a minimum of 300 feet from any lands within a residential zone, 200 feet from all property lines, and 50 feet from the street right-of-way line.
(c)
Beekeeping, if located on a farm, subject to the following:
[1]
It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance;
[2]
Colonies shall be maintained in movable frame hives;
[3]
All hives within 20 feet of a property line shall have a solid fence or vegetative obstruction five feet or more in height, between the hives and the property line;
[4]
All hives shall have access to an on-site water supply; and
[5]
All bee hives shall be maintained in a healthy condition using locally accepted beekeeping management practices.
(d)
Temporary farmworker housing, if located on a farm, subject to the following standards:
[1]
For each 100 acres or fraction thereof of a farm, one mobile home is permitted for the use of farmworkers (and their families) who are actively engaged in farm work on the subject farm, for such time as they remain so engaged;
[2]
The mobile home shall be located only in the side or rear yard, and shall adhere to all setback requirements applicable to single-family detached dwellings;
[3]
The applicant shall furnish evidence that an approved system of water supply and sewage disposal shall be used;
[4]
The mobile home shall be occupied at least three months a year by at least one person actively engaged on the farm where the mobile home is located. If this condition is not satisfied, and the mobile home is not proposed to accommodate another approved accessory use (e.g., ECHO housing or farm occupation), the mobile home shall be removed within three months; and
E.
Maximum number of permitted new dwellings or lots.
(1)
For each tract of contiguous land in single ownership (parent tract), as of the date of adoption of this chapter, there may be one lot utilized or subdivided for either a single-family detached nonfarm dwelling, seasonal dwelling or a farm dwelling and farm use, in addition to any farm dwelling which may already exist on the parent tract, for each 10 acres of land in the parent tract;
(2)
The number of permitted new dwellings shall not include ECHO housing, two-family conversions or temporary farmworker housing;
(3)
Lot add-ons involving agricultural land in which no new lots are created shall not be counted against the number of lots permitted to be created;
(4)
Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing as of the date of adoption of this chapter shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Agricultural Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of dwellings as determined by the provisions of this section; and
(5)
In the event a tract of land which was not classified as part of the Agricultural Zone as of the date of adoption of this chapter is hereafter classified as part of the Agricultural Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification.
F.
Lot area requirements.
(1)
Agricultural, horticultural and forestry-related uses, including farm dwellings. The minimum lot area (including parent tract remainders) shall be 10 acres;
(2)
Single-family detached nonfarm dwellings and seasonal dwellings. The minimum lot area is one acre, and the maximum is two acres, except that such maximum shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey. The maximum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by § 215-43 of this chapter; and
G.
Minimum lot width: 150 feet at the building setback line and 70 feet at the street right-of-way line. Where flag lots are proposed, the provisions of § 215-46 of this chapter shall apply.
H.
Minimum setback and maximum height requirements.
(1)
Agricultural horticultural and forestry-related structures (other than farm dwellings):
(a)
Front yard: 50 feet from street right-of-way line;
(b)
Side yards: 50 feet on each side (100 feet total);
(c)
Rear yard: 50 feet;
(d)
Special setback requirements. Except as provided for below and in § 215-82 of this chapter, no new area used for the housing, feeding of watering of poultry or livestock shall be permitted within 300 feet of land within a Residential or Health Care Zone, or 200 feet of any adjacent property line. The Zoning Hearing Board may, as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback requirement to fewer than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would protect the health, safety and general welfare of the community and adjoining lands to the same extent as the greater applicable setback;
(e)
These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall not extend into any adjoining street right-of-way; and
(f)
Maximum permitted height. 150 feet, provided all structures are set back a distance at least equal to their own height from all property lines.
(3)
Other permitted, special exception or conditional uses. Unless otherwise specified, the following requirements shall apply to all other principal uses permitted within the Agricultural Zone:
(4)
Residential accessory uses. Unless otherwise specified, the following requirements shall apply to accessory uses:
(5)
Agricultural setback requirement. On any separate nonfarm parcel, no dwelling shall be located within 50 feet of any land within the Agricultural Zone used for agricultural purpose. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet, and no tree shall be planted within 30 feet of any land used for agricultural purposes.
J.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 215-36 of this chapter. All access drives serving other uses shall be in accordance with § 215-37 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements. However, all farm lanes shall be located, designed and maintained so as to prevent the collection of mud on public roads.
K.
Required conservation plan. Any agricultural, horticultural or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the United States Natural Resources Conservation Service pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Department of Environmental Protection.[2] All on-site activities shall then be in compliance with the approved conservation plan. All agricultural, horticultural and forestry uses shall, in addition, be conducted so as to minimize the conveyance of stormwater off the site.
L.
Agricultural nuisance disclaimer. All lands in the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, the Right to Farm Law,[3] may bar them from obtaining a legal judgment against such normal agricultural operations.
[3]
Editor's Note: See 3 P.S. § 954.
§ 215-13 Rural Zone (R).
A.
Purpose. The purpose of the Rural Zone is to protect life and property by limiting development in areas with severe development constraints. These include lands along the Township's several ridges, as well as along some stream corridors, and include woodlands, as well as wetlands. These lands are characterized by soils which have severe limitations for building site development because of flooding, wetness, slope (15%) or cutbanks cave. In addition, much of this land has severe limitations for on-site sewage disposal systems because of flooding, wetness, slow percolation rate, slope (15%), poor filtering, or shallow depth to bedrock. Finally, several areas have development constraints related to degraded area groundwater. The Rural Zone permits single-family detached dwellings and other compatible and accessory uses on lots of 20,000 square feet where public or alternative sewer is available, and on one-acre lots where it is not. Two-acre lots are required where slopes of 15% or greater exist. The larger lot sizes, together with flag lot provisions, will permit needed flexibility in siting. All rural lots not within planned sewer service areas are to be sized to permit an on-site sewage disposal system, as well as an alternative system, should the initial system fail.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, but excluding intensive commercial poultry and/or livestock operations, mushroom operations, and manure storage facilities;
(2)
Alternative wastewater systems;
(3)
Conservation or natural areas;
(5)
Family day-care facilities, as defined herein;
(6)
Public and nonprofit parks and playgrounds;
(7)
Public uses and public utilities structures;
(8)
Single-family detached dwellings;
(9)
Wildlife refuges or fish hatcheries; and
(10)
Accessory uses customarily incidental to the above-permitted uses.
E.
Lot area requirements.
(1)
Single-family detached dwellings. Where public or alternative sewer is not available, the minimum lot area is one acre, except that where more than 50% of a proposed lot contains slopes of 15% or greater, the minimum lot area shall be two acres. The minimum lot area may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by § 215-43 of this chapter. Where public or alternative sewer is available, the minimum lot area shall be 20,000 square feet regardless of slope.
F.
Minimum lot width: 100 feet at the building setback line and 70 feet at the street right-of-way line. Where flag lots are proposed, the provisions of § 215-46 of this chapter shall apply.
G.
Minimum setback requirements.
(3)
Agricultural setback requirement. On any separate nonfarm parcel, no dwelling unit shall be located within 50 feet of any land within the Agricultural Zone. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet, and no tree shall be planted within 30 feet of any land within the Agricultural Zone.
I.
Maximum lot coverage: 20%.
J.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 215-36 of this chapter, except for flag lots lacking direct street frontage. However, such lots must have direct vehicular access to a joint-use driveway. All access drives serving other uses shall be in accordance with § 215-37 of this chapter.
§ 215-14 Low-Density Residential Zone (LDR).
A.
Purpose. The purpose of the Low-Density Residential Zone is to provide for areas of low-density residential development within the Township. Specific zone locations acknowledge existing low-density areas, as well as lands where limited access, developability and distance from developed areas make them best suited for low-density development. This zone is intended for application to areas planned for future public or alternative sewer and water; maximum densities are permitted only when the use of public or alternative sewer and/or public water is assured. Where these facilities do not exist, the minimum lot size shall be one acre, with setbacks used to promote future infill.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, excluding intensive commercial poultry and/or livestock operations, mushroom operations, and manure storage facilities;
(2)
Alternative wastewater systems;
(3)
Family day-care facilities, as defined herein;
(4)
Model homes to include single-family detached dwellings only;
(5)
Public and nonprofit parks and playgrounds;
(6)
Public uses and public utilities structures;
(7)
Single-family detached dwellings;
(8)
Accessory uses customarily incidental to the uses permitted above.
E.
Design standards. The following table presents design standards which apply to all uses, unless otherwise specified in Article IV:
Minimum Required Yards | |||||||
|---|---|---|---|---|---|---|---|
Utilized Public Utilities | Minimum Lot Area1 (square feet) | Maximum Lot Coverage | Minimum Lot Width2 (feet) | Front3 (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) |
None | 43,560 | 20% | 225 | 30 | 1604 | 180 | 30 |
Public water | 32,000 | 25% | 180 | 30 | 90 | 100 | 30 |
Public or alternative sewer | 20,000 | 30% | 100 | 30 | 10 | 20 | 30 |
Public water and public or alternative sewer | 10,000 | 35% | 75 | 30 | 10 | 20 | 30 |
NOTES: | ||
|---|---|---|
1 | The minimum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the Pennsylvania Department of Environmental Protection. | |
2 | Minimum lot width shall be measured at the building setback line and the street right-of-way line; a 30% reduction in lot width at the street right-of-way line is permitted. | |
3 | Front yard setback is measured from the street right-of-way line. | |
4 | As an alternative, each of the two side yards may be 85 feet. | |
F.
Other setback requirements.
(2)
Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land within the Agricultural Zone. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet, and no tree shall be planted within 30 feet of any land within the Agricultural Zone.
§ 215-15 Medium-Density Residential Zone (MDR).
A.
Purpose. The purpose of the Medium-Density Residential Zone is to accommodate the medium-density housing needs of the Township. The zone applies to both existing areas of such development, as well as to undeveloped buildable areas close to existing development. Lands in this category lie adjacent to existing public sewer and water service areas, and strong incentives are provided to encourage developer provision of public sewer and water. Where public sewer and water are not utilized, the minimum lot size shall be one acre, with setbacks used to promote future infill. This zone permits a variety of housing types and densities.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, excluding intensive commercial poultry and/or livestock operations, mushroom operations, and manure storage facilities;
(2)
Duplexes;
(3)
Family day-care facilities, as defined herein;
(4)
Model homes to include only the types of dwellings allowed in the zone;
(5)
Public and nonprofit parks and playgrounds;
(6)
Public uses and public utilities structures;
(7)
Single-family detached dwellings; and
(8)
Accessory uses customarily incidental to the uses permitted above.
E.
Design standards. The following table presents design standards which apply to all uses, unless otherwise specified in Article IV:
[Amended 5-17-2021 by Ord. No. 2021-1]
Minimum Required Yards | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Use | Utilized Public Utilities | Minimum Lot Area (square feet) | Maximum Density (du/ac) | Maximum Lot Coverage | Minimum Lot Width2 (feet) | Front3 (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) |
SFD | None | 43,5601 | 1 | 20% | 300 | 25 | 2354 | 245 | 25 |
SFD | Public water | 32,0001 | 1.5 | 25% | 225 | 25 | 100 | 110 | 25 |
SFD | Public sewer | 14,500 | 2 | 30% | 110 | 25 | 10 | 20 | 25 |
SFD | Public water and public sewer | 8,000 | 5 | 35% | 75 | 25 | 10 | 20 | 25 |
Duplexes | Public water and public sewer | 5,000 per unit | 5 | 40% | 40 per unit | 25 | 15 | N/A | 25 |
NOTES: | |
|---|---|
1 | The minimum lot size may be required to be increased to accommodate an on-lot disposal site as determined by the Pennsylvania Department of Environmental Protection. |
2 | Minimum lot width shall be measured at the building setback line and the street right-of-way line; a 30% reduction in lot width at the street right-of-way line is permitted. |
3 | Front yard setback is measured from the street right-of-way line. |
4 | As an alternative, one of the side yard requirements may be 160 feet, and the other 85 feet. |
F.
Other setback requirements.
(2)
Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land within the Agricultural Zone. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet, and no tree shall be planted within 30 feet of any land within the Agricultural Zone.
§ 215-16 High-Density Residential Zone (HDR).
A.
Purpose. The purpose of the High-Density Residential Zone is to provide for compact and affordable higher-density residential development within the Township. Areas zoned for this use include existing areas of high-density residential development, as well as other undeveloped, buildable areas close to existing development. Lands zoned for this use are planned for the provision of public sewer and water. A wide range of housing types and densities are permitted.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, excluding intensive commercial poultry and/or livestock operations, mushroom operations and manure storage facilities;
(2)
Duplexes;
(3)
Family day-care facilities, as defined herein;
(4)
Model homes to include only the types of dwellings allowed in the zone;
(5)
Multiple-family dwellings;
(6)
Public uses and public utilities structures;
(7)
Public and nonprofit parks and playgrounds;
(8)
Single-family detached dwellings;
(9)
Townhouses; and
(10)
Accessory uses customarily incidental to the above-permitted uses.
D.
Design requirements. The following table presents design standards which apply to all uses, unless otherwise specified in Article IV:
[Amended 5-17-2021 by Ord. No. 2021-1]
Minimum Required Yards | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Use | Utilized Public Utilities | Minimum Lot Area (square feet) | Maximum Density (du/ac) | Maximum Lot Coverage | Minimum Lot Width2 (feet) | Front3 (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) |
SFD | None, public water, or public sewer | 43,5601 | 1 | 20% | 360 | 20 | 280 | 290 | 20 |
SFD | Both public water and public sewer | 5,000 | 8 | 70% | 60 | 20 | 10 | 20 | 20 |
Duplexes | Both public water and public sewer | 3,500 per unit | 8 | 45% | 40 per unit | 20 | 10 | N/A | 20 |
Townhouses4 | Both public water and public sewer | 1,800 per unit | 8 | 60% | 20 per unit | 20 | 15 (end units) | N/A | 20 |
Multiple-family dwellings4, 5 | Both public water and public sewer | 43,560 | 8 | 60% | 150 | 20 | 15 | 30 | 20 |
NOTES: | ||
|---|---|---|
1 | The minimum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the Pennsylvania Department of Environmental Protection. | |
2 | Minimum lot width shall be measured at the building setback line and the street right-of-way line; a 30% reduction in lot width at the street right-of-way line is permitted. | |
3 | Front yard setback is measured from the street right-of-way line. | |
4 | No more than 20% of the total number of townhouse or multiple-family buildings shall contain more than six units, and in no case shall any grouping contain more than eight units. For each townhouse building containing more than four units, no more than 60% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. All townhouse and multiple-family buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly held lands. All townhouse and multiple-family buildings shall be set back at least 20 feet from any perimeter boundary of the development site. In those instances where more than one townhouse or multiple-family building is located on the same lot, the following separation distances shall be provided between each building: | |
a. | Front to front, rear to rear, or front to rear, parallel buildings shall have at least 70 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end. | |
b. | A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet. | |
c. | A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings. | |
5 | There shall be a minimum of 30% of the gross acreage of multiple-family dwelling sites devoted to active and/or passive common recreational facilities. This area may include any required stormwater management facilities. Responsibility for the maintenance of the recreational areas shall be with the landowner and/or the operator. | |
E.
Other setback requirements.
(2)
Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land within the Agricultural Zone. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet, and no tree shall be planted within 30 feet of any land within the Agricultural Zone.
§ 215-17 Village Commercial Zone (VC).
A.
Purpose. The purpose of the Village Commercial Zone is to provide for neighborhood goods and services within walking distance of local residents in the Township's villages. The adaptive reuse and conversion of existing residences is permitted as are a variety of in-home occupations. Commercial uses are limited to those that residents are likely to need on a daily or regular basis. Retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local orientation of this zone. Areas where this zone occurs have been sized to permit a grouping of several businesses; lot sizes may vary depending upon the use of public utilities. Strict design standards have been imposed to keep uses in this zone compatible with nearby homes.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, excluding intensive commercial poultry and/or livestock operations, mushroom operations and manure storage facilities;
(2)
Animal hospitals, provided no outdoor keeping of animals is permitted;
(3)
Banks and similar financial institutions;
(4)
Bed-and-breakfasts, as defined herein;
(5)
Family day-care facilities, as defined herein;
(6)
Dwellings, subject to the requirements of the Medium-Density Residential Zone;
(7)
Medical or dental offices;
(8)
Offices and office conversions;
(9)
Public uses and public utilities structures;
(10)
Restaurants (but not including drive-through or fast-food restaurants, nightclubs or taverns);
(11)
Retail conversions;
(12)
Retail services, including barber/beauty salons, music, dance, art or photographic studios, repair of clocks and small appliances; and
(13)
Accessory uses customarily incidental to the uses permitted above.
C.
E.
Lot area, lot width, and lot coverage requirements. The following table presents applicable standards for all uses, unless otherwise specified herein:
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | |
|---|---|---|---|---|
None | 43,560* | 200 | 30% | |
Public water | 32,670* | 150 | 35% | |
Public sewer | 20,000 | 125 | 40% | |
Public water and sewer | 15,000 | 100 | 45% |
NOTES: | ||
|---|---|---|
* | The minimum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the Pennsylvania Department of Environmental Protection. | |
F.
Minimum setback requirements. (Principal and accessory uses.)
(1)
Front yard. All buildings and structures shall be set back a minimum of five feet and a maximum of 15 feet from the street right-of-way line; no loading areas or off-street parking may be located within the front yard;
(2)
Side yards. All buildings and structures shall be set back at least 10 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least five feet from the side lot lines. Where joint parking facilities, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived;
(3)
Rear yard. All buildings, structures, off-street parking lots, and loading areas shall be set back at least 15 feet from the rear lot line;
(4)
Residential buffer strip. Any lot adjoining land in residential use or residential zoning shall maintain a fifteen-foot setback for principal nonresidential buildings, structures, off-street parking lots and loading areas from such parcels, unless separated by a street. Such areas shall be used for a landscape strip and screen; and
(5)
Waste products. All trash dumpsters, other than for single-family residential use, shall be located within a side or rear yard, set back a minimum of 15 feet from any adjoining residentially zoned properties and 10 feet from all other property lines. All such trash dumpsters shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter.
H.
Outdoor storage. No outdoor storage is permitted.
I.
Off-street parking. Off-street parking shall be provided as specified in § 215-38 of this chapter. All off-street parking for nonresidential principal uses shall be located to the side or rear of principal buildings.
L.
Landscaping and screening. A minimum five-foot wide landscape strip shall be provided and maintained along all property lines, including the street frontage. Such landscape strip may be waived for that portion of the site occupied by a joint parking lot, loading area and/or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. For properties containing a nonresidential use, a visual screen must be provided along any adjoining lands which are either in residential use or residential zoning. Landscaping and screening requirements are set forth in § 215-40 of this chapter.
M.
Operations and performance standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 215-44 of this chapter.
N.
Applicability of general provisions. All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.
O.
Design features/bonus incentives. Because of this zone's intended purpose to promote compatibility between adjacent uses, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentive | |
|---|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. | |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. | |
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross-property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived as it applied to off-street loading. | |
Coordinated signage with two or more uses sharing only one freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 215-18 General Commercial Zone (GC).
A.
Purpose. The purpose of the General Commercial Zone is to provide suitable locations for larger-scale and/or highway-oriented retail, service and entertainment businesses. These uses may involve outdoor activities and/or storage areas, like automobile, boat and trailer sales, and service establishments. The uses provided in this zone are meant to serve local residents, as well as those motorists passing through the Township. Access to these areas is provided by adjoining major roads. Specific setbacks, landscaping requirements and screening are used to protect adjoining properties, and help to create an attractive site appearance. Certain design incentives intended to reduce traffic congestion are provided for integrated uses that share access, parking, loading and/or signage. Both public sewer and public water are available to or planned for lands within this zone.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, excluding intensive commercial poultry and livestock operations, mushroom operations and manure storage facilities;
(2)
Automobile, motorcycle, ATV, snowmobile, boat, motorized motorcraft, trailer, recreational vehicles, and mobile homes sales and rentals;
(3)
Banks and similar financial institutions;
(4)
Offices;
(5)
Public uses and public utilities structures;
(6)
Restaurants (but not including drive-through or fast-food restaurants, nightclubs or taverns);
(7)
Retail sale of goods and services;
(8)
Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinetmaking, and other structural components of buildings; and
(9)
Accessory uses customarily incidental to the above-permitted uses.
C.
Conditional uses. (Subject to the review procedures of § 215-133.)
(1)
Automobile filling stations, including minor incidental repair and/or convenience stores (see § 215-53);
(2)
Automobile service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops (see § 215-54);
E.
Lot area, lot width and lot coverage requirements. See the following table:
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | |
|---|---|---|---|---|
None | 43,560* | 200 | 35% | |
Public water | 32,670* | 150 | 45% | |
Public sewer | 20,000 | 125 | 55% | |
Public water and sewer | 15,000 | 100 | 70% |
NOTES: | ||
|---|---|---|
* | The minimum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the Pennsylvania Department of Environmental Protection. | |
F.
Minimum setback requirements. (Principal and accessory uses.)
(1)
Front yard. All buildings, structures (except permitted signs), and loading areas shall be set back at least 35 feet from the street right-of-way line; off-street parking lots and outdoor storage areas shall be set back a minimum of 10 feet from the street right-of-way line;
(2)
Side yards. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 15 feet from the side lot lines. Off-street parking lots and outdoor storage areas shall be set back at least 10 feet from the side lot lines. Where joint parking facilities, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived;
(3)
Rear yard. All buildings, structures, off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 25 feet from the rear lot line, unless joint parking facilities are shared by adjoining land uses, and the site is a corner lot. In such instances, the rear yard setback can be waived solely for parking and/or loading facilities; and
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a twenty-five-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas, and outdoor storage areas from the residentially zoned parcels, unless separated by a street. Such areas shall be used for a landscape strip and screen.
(5)
Waste products. All nonresidential trash dumpsters shall be located within a side or rear yard, set back a minimum of 50 feet from any adjoining residentially zoned properties, and 15 feet from all other property lines. All such trash dumpsters shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter.
G.
Maximum permitted height: 35 feet.
H.
Outdoor storage. Within this zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads if they are located within the front yard.
I.
Off-street loading. Off-street loading shall be provided, as specified in § 215-39 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
J.
Off-street parking. Off-street parking shall be provided as specified in § 215-38 of this chapter.
M.
Landscaping and screening. A minimum ten-foot wide landscape strip shall be provided and maintained along all property lines, including the street frontage. Such landscape strip may be waived for any portion of the site occupied by a joint parking lot, loading area and/or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A visual screen must be provided along any adjoining lands within a residential zone. Landscaping and screening requirements are set forth in § 215-40 of this chapter.
N.
Operations and performance standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some of these regulations, refer to § 215-44 of this chapter.
O.
Applicability of general provisions. All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.
P.
Design features/bonus incentives. Because of this zone's intended purpose to reduce traffic congestion, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentive | |
|---|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. | |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. | |
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross-property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived as it applied to off-street loading. | |
Coordinated signage with two or more uses sharing only one freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 215-19 Health Care Zone (HC).
A.
Purpose. The purpose of the Health Care Zone is to provide for a variety of health care-related facilities and uses, to advance the quality and availability of health care services in the Township and the region, to limit permissible uses in the zone to only those uses compatible with such health care facilities, and to promote integrated site functioning and appearance. Lands within this zone are planned for public sewer and water.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12, excluding intensive commercial poultry and/or livestock operations, mushroom operations, and manure storage facilities;
(2)
Commercial schools with exclusively health care-related curricula intended to prepare enrolled students for careers in health care, nursing schools and other allied health technology training programs;
(3)
Health and fitness clubs;
(4)
Hospices;
(5)
Hospitals;
(6)
Intermediate care and skilled nursing facilities;
(7)
Medical and dental offices and clinics;
(8)
Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities; and
(9)
Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:
(a)
Administrative offices;
(b)
Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility), excluding incinerators;
(c)
Automobile parking lots and parking garages;
(d)
Housing for students, employees and their families in accordance with the standards of the HDR Zone;
(e)
Lodging facilities for patients and their families;
(f)
Public and nonprofit parks and playgrounds;
(g)
Retail sales of medical/health care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies);
(h)
Retail sales/services for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, cleaning, barber/beauty salons, banking, restaurants). All such retail sales and services shall be located within buildings in which other uses permitted in this zone are located. Retail sales and services may not exceed 10% of the floor area of existing buildings within this zone; and
(i)
Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers or the public regarding health care issues.
D.
Lot area and width requirements. A minimum lot area and width shall not be required for uses within the Health Care Zone.
E.
Maximum lot coverage: 60%.
F.
Minimum setback requirements.
(1)
Front yard. All buildings and structures (except permitted signs) and loading areas shall be set back at least 35 feet from the street right-of-way line; off-street parking lots shall be set back at least 10 feet from the street right-of-way line;
(2)
Side yards. All buildings, structures (except permitted signs), off-street loading areas, and outdoor storage areas shall be set back at least 15 feet from any side lot line. Off-street parking lots shall be set back at least 10 feet from any side lot line. Where joint parking facilities, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived;
(3)
Rear yards. All buildings, structures, off-street parking lots and loading areas shall be set back at least 25 feet from the rear lot line, unless joint parking facilities are shared by adjoining land uses, and the site is a corner lot. In such instances, the rear yard setback can be waived solely for parking and/or loading facilities; and
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a twenty-five-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas, and outdoor storage areas from the residentially zoned parcels, unless separated by a street. Such areas shall be used as a landscape strip and screen.
(5)
Waste products. All trash dumpsters shall be located within a side or rear yard, set back a minimum of 50 feet from any adjoining residentially zoned properties and 15 feet from all other property lines. All trash dumpsters shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter. The storage of infectious waste shall not be permitted, except within an enclosed building.
G.
Maximum permitted height: 90 feet for hospitals, provided all structures are set back a horizontal distance equal to their height from each property line and street right-of-way; 35 feet for all other uses.
H.
Outdoor storage. No outdoor storage is permitted.
I.
Off-street loading. Off-street loading shall be provided as specified in § 215-39 of this chapter.
J.
Off-street parking. Off-street parking shall be provided as specified in § 215-38 of this chapter.
L.
Access drives. All access drives shall comply with § 215-37 of this chapter. Emergency entrances shall be located on a building wall facing away from any adjoining residentially zoned properties.
M.
Landscaping and screening. A minimum ten-foot wide landscape strip shall be provided and maintained along all property lines, including the street frontage. Such landscape strip may be waived for any portion of the site occupied by a joint parking lot, loading area, and/or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 215-40 of this chapter).
O.
Operations and performance standards. All operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 215-44 of this chapter.
P.
Traffic impact study. New hospitals and major improvements to existing hospitals shall comply with the requirements of § 215-45 of this chapter.
Q.
Utilities. Each use within the Health Care Zone shall be supplied with public sewer and public water. All new utility lines shall be installed underground.
R.
Applicability of general provisions. All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.
S.
Design features/bonus incentives. Because of this zone's intended purpose to promote integrated site functioning and appearance, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentive | |
|---|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. | |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. | |
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross-property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived as it applied to off-street loading. | |
Coordinated signage with two or more uses sharing only one freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 215-20 Light Industrial Zone (LI).
A.
Purpose. The purpose of the Light Industrial Zone is to accommodate larger-scale high-quality economic development within a campus-like setting. Permitted uses include high tech and other light industrial uses, as well as larger-scale corporate and business offices. Other, smaller low-impact industrial uses are also permitted. The areas designated for this zone have superior vehicular access and proximity to public utilities so as to stimulate their development and use. Design incentives are provided to promote integrated site function and appearance, while landscaping and buffer requirements are imposed to protect adjoining residential areas.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12 of this chapter, excluding intensive commercial poultry and/or livestock operations, mushroom operations, and manure storage facilities;
(2)
Banks and similar financial institutions, provided that each leased or owned space shall contain a minimum of 10,000 square feet of gross floor area;
(4)
Laboratories for scientific or industrial research and development;
(5)
Manufacturing, storage and/or wholesaling of the following:
(a)
Scientific, specialized and technical instruments and equipment;
(b)
Electronic communication equipment and computers;
(c)
Finished textile products;
(d)
Jewelry and other precious metals;
(e)
Cosmetics, toiletries and pharmaceuticals;
(f)
Small household appliances, excluding major appliances;
(g)
Audio-visual components and equipment;
(h)
Musical instruments and sporting goods;
(i)
Optical, dental and medical supplies and equipment;
(j)
Photographic, lighting and timekeeping equipment;
(k)
Small or novelty products from prepared materials; and
(l)
Food processing;
(6)
Offices, provided that each leased or owned space shall contain a minimum of 10,000 square feet of gross floor area;
(7)
Photocopying, bookbinding, printing, and publishing;
(8)
Public buildings and public utilities structures;
(9)
Repair shops for any electrical, mechanical or structural products permitted to be manufactured in this zone;
(10)
Accessory uses customarily incidental to the above-permitted uses.
E.
Minimum lot area requirements: one acre (43,560 square feet).
F.
Minimum lot width: 150 feet.
G.
Maximum lot coverage: 70%.
H.
Minimum setback requirements. (Principal and accessory uses.)
(1)
Front yard. All buildings and structures (except permitted signs) shall be set back at least 50 feet from the street right-of-way line. All off-street parking lots shall be set back a minimum of 25 feet from the street right-of-way line;
(2)
Side yards. All buildings and structures shall be set back at least 25 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least 15 feet from the side lot lines. Where joint parking facilities, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived. In such instances, one of the side yard setbacks can be waived solely for parking facilities;
(3)
Rear yard. All buildings and structures shall maintain a twenty-five-foot rear yard setback; off-street parking lots and loading areas shall be set back at least 15 feet from the rear lot line;
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback for buildings, structures, off-street parking lots and loading areas from the residentially zoned parcels, unless separated by a street All buffer strip areas shall be devoted to landscaping; and
(5)
Accessory recreation uses. These facilities can be developed in any side or rear yard to within 25 feet of any property line.
(6)
Waste products. All trash dumpsters shall be located within a side or rear yard, set back a minimum of 50 feet from any adjoining residentially zoned properties and 25 feet from all other property lines. All trash dumpsters shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter. The storage of industrial waste materials shall not be permitted except within an enclosed building.
I.
Maximum permitted height: 35 feet.
J.
Outdoor storage. No outdoor storage is permitted.
K.
Off-street loading. Off-street loading shall be provided as specified in § 215-39 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
L.
Off-street parking. Off-street parking shall be provided as specified in § 215-38 of this chapter.
O.
Landscaping and screening. A minimum fifteen-foot wide landscape strip shall be provided and maintained along property lines, including the street frontage. Such landscape strip may be waived for any portion of the site occupied by a joint parking lot, loading area or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A vegetative screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 215-40 of this chapter.)
P.
Operations and performance standards. All commercial and industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 215-44 of this chapter.
Q.
Applicability of general provisions. All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.
R.
Design features/bonus incentives. Because of this zone's intended purpose to promote integrated site function and appearance, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentive | |
|---|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. | |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. | |
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross-property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived as it applied to off-street loading. | |
Coordinated signage with two or more uses sharing only one freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 215-21 Heavy Industrial Zone (HI).
A.
Purpose. The purpose of the Heavy Industrial Zone is to provide for a wide range of heavy industrial and other similar activities at suitable locations within the Township. The zone provides for light industrial uses as permitted by right, as well as a number of other industrial uses, but requires obtainment of a special exception or conditional use permit for heavier and potentially more objectionable types of industry and related uses. The required minimum lot sizes have been kept small to accommodate start-up, as well as larger industries. The areas which have been designated for this zone are generally located near existing heavy industry where there is additional infill potential. An additional large, unbuilt site has been designated which has an active rail line, as well as proximity to public utilities. Design incentives are provided to promote integrated uses that share access, parking, loading and/or signage. Landscaping and buffering requirements are imposed to moderate the objectionable impacts associated with industrial uses and protect adjoining residential areas.
B.
Permitted uses.
(1)
All uses permitted in the Light Industrial Zone;
(3)
Machine shops;
(4)
Manufacturing, storage and/or wholesaling of the following:
(7)
Public buildings and public utilities;
(8)
Recycling collection facilities, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, and the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin;
(9)
Repair shops for products permitted to be manufactured in this zone;
(11)
Sign makers;
(12)
Small engine repair shops;
(13)
Vocational and mechanical trade schools;
(14)
Welding shops; and
(15)
Accessory uses customarily incidental to the above-permitted uses, including accessory retail sales of products produced on site so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.
C.
E.
Requirement for rail or intermodal transport dependency. All uses proposed to be sited on lots with active rail service shall be demonstrated by the applicant to be rail or intermodal transport-dependent in at least one direction. Proposed uses which cannot meet this requirement shall not be approved at such sites.
F.
Minimum lot area requirements: 20,000 square feet.
G.
Minimum lot width: 100 feet.
H.
Maximum lot coverage: 70%.
I.
Minimum setback requirements. (Principal and accessory uses.)
(1)
Front yard. All buildings, structures (except permitted signs) and outdoor storage areas shall be set back at least 50 feet from the street right-of-way line. All parking lots shall be set back at least 25 feet from the street right-of-way line;
(2)
Side yards. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 50 feet from the side lot lines. Outdoor storage areas and off-street parking lots shall be set back at least 25 feet from side lot lines. Where joint parking lots, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived;
(3)
Rear yard. All buildings, structures and off-street loading areas shall be set back at least 50 feet from the rear lot line. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines;
(4)
Residential buffer strip. Any lot adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, outdoor storage areas, and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All buffer strip areas shall be devoted to landscaping (see § 215-40); and
(5)
Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.
(6)
Waste products. All trash dumpsters shall be located within a side or rear yard, set back a minimum of 75 feet from any adjoining residentially zoned properties, and 25 feet from all other property lines. All trash dumpsters shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter. The storage of industrial waste materials shall not be permitted except within an enclosed building.
J.
Maximum permitted height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 35 feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all property lines.
K.
Outdoor storage. Outdoor storage is permitted, provided all such areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. Outdoor display areas for heavy equipment and vehicles need not be screened from adjoining roads if they are located within the front yard.
L.
Off-street loading. Off-street loading shall be provided as specified in § 215-39 of this chapter.
M.
Off-street parking. Off-street parking shall be provided, as specified in § 215-38 of this chapter.
P.
Landscaping and screening. A minimum twenty-five-foot wide landscape strip shall be provided and maintained along all property lines. Such landscape strip may be waived for any portion of the site occupied by a joint parking lot, loading area and/or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 215-40 of this chapter.)
Q.
Operations and performance standards. All commercial and industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 215-44 of this chapter.
R.
Applicability of general provisions. All uses permitted within this zone shall also comply with all applicable general provisions in Article III of this chapter.
S.
Design features/bonus incentives. Because of this zone's intended purpose to promote integrated uses, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentive | |
|---|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. | |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. | |
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross-property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived as it applied to off-street loading. | |
Coordinated signage with two or more uses sharing only one freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 215-22 Quarry Zone (Q).
A.
Purpose. The purpose of the Quarry Zone is to reserve appropriate areas of the Township for quarrying and processing of quarry raw materials, to provide reasonable standards for quarry operations in order to prevent conditions which would interfere with the enjoyment or use of other properties, and to allow uses of a temporary nature in locations premature for quarrying.
D.
Waste products. All trash dumpsters shall be set back a minimum of 100 feet from all adjoining properties and shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter.
E.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 35 feet from grade shall be set back a distance at least equal to their height from all property lines.
F.
Off-street loading. Off-street loading shall be provided as specified in § 215-39 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
G.
Off-street parking. Off-street parking shall be provided as specified in § 215-38 of this chapter.
J.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 215-40 of this chapter.)
K.
Operations and performance standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 215-44 of this chapter.
§ 215-23 Forest Zone (F).
A.
Purpose. The purpose of the Forest Zone is to preserve and protect the Township's sensitive environmental features, as well as to protect life and property by limiting development in areas with severe development constraints. Specifically, the forested areas and steep slopes of Jacks and Shade Mountains are included in this zone. Permitted uses within this zone encourage the most appropriate conservation/recreation activities for these areas; however, some forms of development are allowed under prescribed criteria.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, subject to the standards listed in § 215-12;
(2)
Conservation or natural areas;
(3)
Public and nonprofit parks and playgrounds;
(4)
Public uses and public utilities structures;
(5)
Seasonal dwellings;
(6)
Single-family detached dwellings;
(7)
Wildlife refuges or fish hatcheries;
(8)
Accessory uses customarily incidental to the above-permitted uses, with the exception of manure storage facilities.
E.
Minimum lot width: 200 feet at the building setback line and 150 feet at the street right-of-way line. Where flag lots are proposed, the provisions of § 215-46 of this chapter shall apply.
F.
Minimum lot depth: 200 feet.
G.
Minimum setback requirements. All uses shall be set back at least 50 feet from all property lines and the street right-of-way line.
H.
Waste products. All nonresidential trash dumpsters shall be set back a minimum of 50 feet from all adjoining residential properties and shall be screened from adjoining roads and residential properties according to § 215-40 of this chapter.
I.
Maximum permitted height: 35 feet.
J.
Maximum lot coverage: 5%.
§ 215-24 Floodplain Zone (FP).
A.
Purpose. The purpose of the Floodplain Zone is to prevent the loss of property and life, the creation of health and safely hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses which, acting alone or in combination with other existing or future uses, will cause unacceptable increases in flood heights, velocities and frequencies;
(2)
Restricting or prohibiting certain uses from locating within areas subject to flooding;
(3)
Requiring all those uses that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage; and
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to all lands within the jurisdiction of Derry Township and shown as being located within the boundaries of the designated Floodplain Zone which is considered as part of the Official Zoning Map. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this zone and other applicable provisions of this chapter.
C.
Basis of Zone. The Floodplain Zone is hereby defined to include all of the following lands within Derry Township:
[Amended 8-7-2006 by Ord. No. 2006-2]
(1)
All those areas identified as being subject to inundation by waters of the one-hundred-year flood in the Flood Insurance Study for Derry Township prepared by the Federal Insurance Administration, dated August 16, 2006, or the most recent version thereof. Such Floodplain Zone shall consist of the following subareas:
(a)
FW (Floodway Area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study (FIS) prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the FIS.
(b)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the FIS where a floodway has been delineated. The basis for the outermost boundary of this area shall be the flood elevations as shown in the flood profiles contained in the FIS.
(c)
FE (Special Floodplain Area). The areas identified as Zone AE in the FIS, where one-hundred-year-flood elevations have been provided, but no floodway has been delineated.
(d)
FA (General Floodplain Area).
[1]
The areas identified as Zone A in the FIS for which no one-hundred-year-flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[2]
In lieu of the above, the Township of Derry may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Such study shall be signed, sealed and certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Copies of such study shall be submitted to the Township engineer for review.
D.
Interpretation of zone boundaries. Initial interpretations of the boundaries of the Floodplain Zone shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the Floodplain Zone, the initial interpretation of the Zoning Officer may be appealed to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the property owner. The property owner shall pay all costs associated with the hearing before the Zoning Hearing Board.
E.
Zone boundary changes. The delineation of the Floodplain Zone may be revised by the governing body where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by a qualified agency or individual documents the basis for the change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.
F.
Overlay concept. The Floodplain Zone shall be an overlay to the existing underlying zones as shown on the Official Zoning Map, and as such, the provisions for the Floodplain Zone shall serve as a supplement to the underlying zone provisions.
(1)
Where there is any conflict between the provisions of the Floodplain Zone and those of any underlying zone, the more restrictive provisions shall apply;
(2)
In the event any provision of the Floodplain Zone is declared inapplicable as a result of any legislative, administrative or judicial decision, the underlying zone provisions shall remain applicable; and
(3)
Should the zoning of any tract or part thereof on which the Floodplain Zone is located be changed as a result of any legislative, administrative or judicial decision, such changes shall have no effect on the Floodplain Zone, unless such change was included as a part of the original application.
G.
Permitted uses. The following uses and no others are permitted, provided that they are in compliance with the provisions of the underlying zone, do not impede the flow of floodwaters, and do not involve structures, fill, or storage of materials, hazardous (including pesticides) or otherwise, hazardous wastes or equipment:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, track farming, forestry, sod farming, and wild crop harvesting;
(2)
Public and private outdoor recreational uses such as parks, campgrounds, picnic grounds, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, trap and skeet game ranges, and hunting and fishing areas; and
(3)
Front, side and rear yards and required lot areas.
(4)
Additions to existing structures not meeting the definition of "substantial improvement" contained in Subsection Q, Specific definitions, subject, however, to compliance with the provisions of Subsection K, Design and performance standards, and Subsection L, Nonconforming uses and structures, and otherwise with this section.
[Added 8-7-2006 by Ord. No. 2006-2]
(5)
An accessory structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure, subject, however, to compliance with the provisions of Subsection K, Design and performance standards, and Subsection L, Nonconforming uses and structures, and otherwise with this section.
[Added 8-7-2006 by Ord. No. 2006-2]
H.
Special exception uses. The following uses may be permitted by special exception, provided that they are in compliance with the provisions of the underlying zone, do not impede the flow of floodwaters and do not involve structures, fill or storage or materials, hazardous (including pesticides) or otherwise, hazardous wastes or equipment:
(1)
Golf courses and hunting, fishing and boating clubs, excluding structures;
(2)
Aquaculture and fisheries;
(3)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar uses;
(4)
Dams, culverts and bridges if approved by the Pennsylvania Department of Environmental Protection, the local governing body, and any other agency with jurisdiction;
(5)
Water-related uses such as marinas, docks, wharves, piers, etc.;
(6)
Extraction of sand, gravel, and other mineral resources, excluding topsoil;
(7)
Parking lots, loading areas, driveways and aircraft landing strips, if they are water-permeably surfaced; and
(8)
Temporary uses, such as circuses, carnivals, and similar activities.
I.
Prohibited uses. The following uses are prohibited in the Floodplain Zone:
(2)
Sanitary landfills, dumps, junkyards, and outdoor storage of vehicles and/or materials;
(3)
The depositing of fill, removal of topsoil or damming or relocation of any watercourse, except with the approval of the PA DEP;
(4)
Any part of an on-lot sewage disposal system; and
(5)
Manure storage facilities, feedlots and slaughterhouses.
J.
Standards and criteria for special exceptions and variances. In addition to the provisions of Article VI, in hearing and deciding upon special exceptions and/or variances to be granted or denied under the provisions of this zone, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
(1)
That the granting of a special exception or variance will not result in any of the following:
(2)
That the proposed special exception or variance exhibits all of the following characteristics:
(3)
In hearing and deciding upon special exceptions to be granted or denied under the provisions of this zone, the burden of proof shall be on the applicant.
(5)
A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board.
K.
Design and performance standards.
(1)
All authorized new construction and substantial improvements to permanent residential structures shall have the lowest floor (including basement) elevated to one foot above the one-hundred-year-flood elevation;
(2)
All authorized, new nonresidential structures or substantial improvements thereto shall have the lowest floor (including basement) elevated to one foot above the one-hundred-year-flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to that level in accordance with the W-1 or W-2 standards, as contained in the publication Floodproofing Regulations, United States Army Corps of Engineers, June 1972. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards;
(3)
All structures, including buildings, air ducts, large pipes and storage tanks shall be firmly anchored to prevent flotation, movement or collapse; and
(4)
Enclosed space below the lowest floor (including basement) shall be prohibited.
(5)
Within any FW (Floodway Area), the following provisions apply:
[Added 8-7-2006 by Ord. No. 2006-2]
(6)
Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
[Added 8-7-2006 by Ord. No. 2006-2]
(7)
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:
[Added 8-7-2006 by Ord. No. 2006-2]
L.
Nonconforming uses and structures.
(1)
Continuation. All uses or structures lawfully existing in the Floodplain Zone on the effective date of this section which are not in conformity with the provisions of this section shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as otherwise provided for in this section;
(2)
Expansion. Nonconforming structures located within the floodway shall not be expanded or enlarged if any increase in the one-hundred-year-flood elevation would result; and
(3)
Replacement or repair. A nonconforming structure may be replaced, repaired or reconstructed if it is damaged or destroyed to the extent of less than 50% of its fair market value, provided that the nonconformity of the new structure shall not exceed that of the original structure. A nonconforming structure which is damaged or destroyed to the extent of 50% or more of its fair market value may be replaced, repaired or reconstructed only if such replacement, repair or reconstruction is in full compliance with the provisions of this zone, or in the case of historic structures, the Zoning Hearing Board waives the requirements of this section.
(4)
Flood Elevation in FE Areas. No expansion or enlargement of an existing structure shall be allowed in any FE area that would, together with all other existing and anticipated development, increase the elevation of the one-hundred-year flood more than one foot at any point.
[Added 8-7-2006 by Ord. No. 2006-2]
M.
Application procedures.
(1)
Within the Floodplain Zone, a zoning permit shall be required for any proposed development, construction, reconstruction, placement, replacement, renovation, extension, repair or other improvement of uses or structures, and activities, such as mining, dredging, filling, grading, paving or drilling operations. Application for a zoning permit shall be filed with the Zoning Officer who shall make an initial determination on the application.
(2)
Every zoning permit application within the Floodplain Zone shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all the provisions of this section. Included within this submission shall be copies of all necessary state and federal permits. The following information is specifically required:
(a)
The elevation, in relation to mean sea level, of the lowest floor (including basement);
(b)
Whether or not the structure includes a basement;
(c)
If the structure is to be floodproofed, the elevation (in relation to mean sea level) to which the structure is to be floodproofed; and
(d)
If the structure is to be floodproofed, a document certified by a registered professional engineer or architect certifying that the floodproofing methods used meet the provisions of this zone.
N.
Municipal liability. The degree of flood protection sought by the provisions of this zone is considered reasonable for regulatory purposes and is based on acceptable engineering studies. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This zone does not imply that areas outside the Floodplain Zone or that land uses permitted within this zone will be free from flooding or flood damage. These zone provisions shall not create liability on the part of Derry Township or any officer or employee thereof for any flood damages that result from reliance on the provisions of this zone or any administrative decision lawfully made thereunder.
O.
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
[Added 8-7-2006 by Ord. No. 2006-2]
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points;
(b)
Consist of soil or small rock materials only — sanitary landfills shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal feet unless substantial data justifying steeper slopes are submitted to and approved by the Building Permit Officer; and
(e)
Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the 2003 IBC (Sec. 1801.1 and 1803.4) shall be utilized.
(2)
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties. The provisions contained in the 2003 IBC (Appendix G401.5) shall be utilized.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and 34 Pa. Code Chapters 401 through 405, as amended, and contained in the 2003 IBC (Appendix G. Sections 401.3 and 401.4), the 2003 IRC (Section 323.1.6), the ASCE 24-98 (Section 8.3), FEMA #348, Protecting Building Utilities From Flood Damage, and the International Private Sewage Disposal Code (Chapter 3) shall be utilized.
(4)
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 215-24P, Development which may endanger human life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(c)
The design and construction requirements of the UCC pertaining to this subsection, as referred to in 34 Pa. Code Chapters 401 through 405, as amended, and contained in the 2003 IBC (Sections 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1 and R323.1.1) and ASCE 24-98 (Section 5.6) shall be utilized.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.
(e)
The provisions of the UCC pertaining to this subsection and referenced in the 34 Pa. Code Chapters 401 through 405, as amended, and contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Sections R323.1.7 and R501.3) and ASCE 24-98 (Chapter 6) shall be utilized.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.
(d)
The standards and specifications contained in 34 Pa. Code Chapters 401 through 405, as amended, the 2003 IBC (Sections 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Section R323.1.7) shall be utilized.
(11)
(12)
Equipment.
(a)
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(b)
The provisions pertaining to the above provision and referenced in the UCC and 34 Pa. Code Chapters 401 through 405, as amended, and contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section R323.1.5) the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.
(13)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code Chapters 401 through 405, as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(a)
International Building Code (IBC) 2003 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2003 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
P.
Development which may endanger human life.
[Added 8-7-2006 by Ord. No. 2006-2]
(1)
In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection P(1), above, shall be prohibited.
(3)
Requirements for structures described in Subsection P(1).
(a)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection P(1), above, shall be:
(b)
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
Q. ACCESSORY USE OR STRUCTURE BASEMENT BUILDING BUILDING PERMIT OFFICER COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE FLOOD FLOODPLAIN AREA FLOODPROOFING FLOODWAY HISTORIC STRUCTURE(1) (2) (3) (4) IDENTIFIED FLOODPLAIN AREA LAND DEVELOPMENT(1) (a) (b) (2) MANUFACTURED HOME MANUFACTURED HOME PARK MINOR REPAIR NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD PERSON RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOOD ELEVATION SPECIAL PERMIT STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) UNIFORM CONSTRUCTION CODE (UCC)
Specific definitions. The following words and terms when used in this section, and in relation to these floodplain provisions, shall have the meanings next ascribed to them:
[Added 8-7-2006 by Ord. No. 2006-2]
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Any area of the building having its floor below ground level on all sides.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
The Township Zoning Officer.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this section, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The floodplain area specifically identified in this section as being inundated by the one-hundred-year flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after January 16, 1981, and includes any subsequent improvements thereto.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss when a repetitive loss provision is used) regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
§ 215-25 Planned Residential Development (PRD).
[Added 8-19-2002 by Ord. No. 2002-4]
A.
Background provisions.
(1)
Intent. The Planned Residential Development (PRD) shall be implemented through a master plan process which provides flexibility in land use planning by providing criteria that allow a mix of uses in a growth area to be served by public utilities. It is the intent of the Planned Residential Development to promote the following:
(a)
To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.
(b)
To encourage a more efficient use of land and public services.
(c)
To reflect changes in the technology of land development so that economies secured may be to the benefit of those who need homes.
(d)
To provide a procedure which can relate the type, design and layout of residential development to the particular site.
(e)
To encourage a pattern of development which preserves trees and natural topography and prevents soil erosion.
(f)
To provide a character of development which is compatible with surrounding land uses.
(g)
To provide for a mix of land uses within the development that meets the needs of the residents.
(2)
Procedure for establishment.
(a)
An applicant wishing to receive approval of a Planned Residential Development within the Township of Derry shall submit a master plan and supporting documents as described in this chapter.
(b)
Planned Residential Development shall encompass at least 100 acres and shall have a single master plan prepared for the entire community.
B.
Approval process.
(1)
Master plan approval.
(a)
All development proposed within a Planned Residential Development must be done pursuant to approval of a master plan in accordance with the procedures that follow. Master plans for the Planned Residential Development (PRD) shall be reviewed by the Derry Township Planning Commission and the Mifflin County Planning Commission and shall be approved or denied by the Derry Township Board of Supervisors in accordance with the procedures specified herein.
(b)
Parcels smaller than 100 acres shall not be considered for Planned Residential Development.
(2)
Preapplication meeting. Before submitting an application for a PRD, a preapplication meeting is recommended but shall not be mandatory nor shall it be regarded as a formal application for development in the Planned Residential Development. The purpose of the meeting is to provide for an informational exchange at the municipal staff level or Planning Commission level where the major elements of a proposed master plan can be reviewed and evaluated. The Planning Commission may make recommendations as a result of the preapplication meeting. The filing of any report, sketch plan, plat or map prior to or at such meeting shall not constitute submission of a plan or application for Planned Residential Development nor shall such materials be binding on subsequent submissions by the applicant. Any recommendations made by the Planning Commission shall not be binding upon the applicant or the Planning Commission in its review of the plan after formal application.
(3)
Application for tentative approval of a Planned Residential Development master plan. Application for Township approval of a Planned Residential Development shall commence with the official submission of a complete set of plans and all required supplementary data and information to the Township. For the purposes of these regulations, the official filing date shall be the date of the regular meeting of the Derry Township Planning Commission next following the date the application and plans are received in the Municipal Building; provided that such application was made at least 10 days prior to the meeting, and provided that, should the next regular meeting of the Derry Township Planning Commission occur more than 30 days following the application and receipt of the plans in the Municipal Building, the official filing date shall be the 30th day following submission of the application and the plans. At any time during the review process, the applicant may amend the originally submitted plan solely for the purpose of correcting minor deficiencies in the original plan to the extent necessary to meet the requirements of this section.
(a)
A master plan shall be deemed to have been submitted for review when the applicant has furnished to the Township the following documents:
[1]
Ten copies of a master plan prepared by a registered engineer, surveyor, landscape architect or similarly qualified person, which shall fully comply with the requirements of Subsection C of this section.
[2]
Ten copies of a narrative statement which shall fully comply with the requirements of Subsection C of this section.
(b)
Upon receipt of the above, the Township Zoning Officer shall forward copies of the master plan and accompanying documentation to the Township Engineer, Derry Township Planning Commission, Mifflin County Planning Commission and other appropriate agencies.
(c)
Review by the Derry Township Planning Commission.
[1]
At its next regular meeting following the receipt of the application for a master plan, provided such application was made at least 10 days prior to the meeting, the Planning Commission shall review the plan to determine its conformance with the provisions contained in these regulations. The official filing date for the submission is deemed to be the date of the Planning Commission meeting, provided that, should the next regular meeting of the Derry Township Planning Commission occur more than 30 days following the application and receipt of the plans in the Municipal Building, the official filing date shall be the 30th day following submission of the application and the plans.
[2]
The Planning Commission shall notify the Township Board of Supervisors of any recommended action, changes or modifications to the plan after such decision is made, provided that the Planning Commission shall make such recommendations within 60 days after the date the application for approval was filed. The Planning Commission shall make no recommendation on such application until reports from the Township Engineer and the Mifflin County Planning Commission are received or until expiration of 30 days from the date the plan was forwarded to these agencies, whichever comes first.
[3]
If review by the Township Planning Commission results in an unfavorable recommendation because the requirements of this chapter have not been met, notification to the Township Board of Supervisors should specify the defects found in the plan and describe the requirements which have not been met and should cite the provisions of this chapter from which such defects or requirements originate.
(d)
Review by the Township Board of Supervisors.
[1]
Upon receipt of the recommendation from the Planning Commission or upon failure to receive said recommendations 60 days after the official filing date, the Board of Supervisors shall review the application for master plan approval.
[2]
The Board of Supervisors shall review the master plan and the written reports of the Township Planning Commission, the Mifflin County Planning Commission, the Township Engineer and the other reviewing agencies to determine if the plan meets all applicable regulations. Prior to tentative approval of a master plan, the Board of Supervisors shall require a public hearing pursuant to public notice as required by the Pennsylvania Municipalities Planning Code.[1] The Board of Supervisors shall require, as a condition of approval, that the applicant furnish written confirmation from the appropriate bodies that off-site water and sewer service is and will be made available to the Planned Community Development.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
The Township shall place a notice of the time and place of the public hearing in a newspaper of general circulation as set forth by the requirements of the Pennsylvania Municipalities Planning Code for public notice.
[4]
Where a Planned Residential Development may occur over a period of years, the Board of Supervisors may authorize development in phases subject to such requirements or guaranties as to improvements in future phases of the development that it finds essential for the protection of any approved phase. In such case, a schedule showing the proposed times within which applications for final approval of land development plans of all phases of the development are intended to be filed shall be included with the master plan. The schedule may be revised at the discretion of the Board of Supervisors if requested to do so by the landowner or developer.
[5]
Approval of a tentative master plan shall not authorize construction or the issuance of any building permit. Such authorization or issuance shall not occur until a land development plan is approved for the applicable phase.
[6]
The Board of Supervisors shall, within 60 days of the conclusion of the public hearing provided for in this chapter and per Section 708 of the Municipalities Planning Code, as amended, grant or deny tentative approval by official written communication to the landowner per this chapter and per Section 709 of the Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. §§ 10708 and 10709, respectively.
(4)
Public hearings.
(a)
Within 60 days after the filing of an application for tentative approval of a Planned Residential Development pursuant to this section, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors for the enactment of an amendment to this chapter. The Chairman, or in his/her absence the Vice Chairman, of the Board of Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(b)
Prior to the public hearing by the Board of Supervisors, the Planning Commission shall consider the application without the requirement of public notice, and shall make its recommendation to the Board of Supervisors. In the event that the Planning Commission shall not have a complete recommendation prior to the public hearing of the Board of Supervisors referred to herein, the Board of Supervisors may continue the public hearing as set forth in this section.
(c)
A verbatim record of the public hearing shall be caused to be made by the Board of Supervisors whenever such a record is requested by any party to the proceedings; but the cost of making and transcribing such a record and the expense of the copies shall be borne by the party requesting it. All exhibits accepted in evidence shall be identified and duly preserved, or if not accepted in evidence, shall be properly identified and the reason for exclusion clearly noted in the record.
(d)
The Board of Supervisors may continue the hearing from time to time and may refer the matter back to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(e)
Owners of all adjacent and adjoining properties, including any properties on the opposite side of any public right-of-way which is adjacent to the property in question shall individually receive written notice, from the Township, of the public hearing at least two weeks prior to the date of the public hearing.
(5)
Findings of fact and conclusions.
(a)
The Board of Supervisors, within 60 days following the conclusion of the public hearing(s) provided for in this section, shall by official written communication to the landowner, either:
[1]
Grant tentative approval of the master plan as submitted;
[2]
Grant tentative approval subject to specified conditions not included in the master plan as submitted; or
[3]
Deny tentative approval of the master plan. Failure to do so within said period shall be deemed to be a grant of tentative approval of the master plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner shall, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify the Board of Supervisors of his/her intent to accept or reject all said conditions. In the event the landowner refuses to accept the conditions, the Board of Supervisors shall be deemed to have denied tentative approval of the master plan.
(b)
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particular emphasis in what respects the master plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
[1]
Those respects in which the master plan is or is not consistent with Derry Township's Zoning Plan for the development of the Township and the other Township regulations as they may apply.
[2]
The extent to which the master plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
[3]
The purpose, location and amount of the common open space in the Planned Residential Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
[4]
The physical design of the master plan and the manner in which said design does or does not make adequate provision for public services, vehicular traffic control, and for amenities, including light and air, recreation and visual enjoyment.
[5]
The relationship, beneficial or adverse, of the proposed Planned Residential Development to the larger neighborhood in which it is proposed to be established.
[6]
In the case of a master plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the Planned Residential Development in the integrity of the master plan.
[7]
Whether the Planned Residential Development removes from the former zoning district an amount of area that would result in the reduction in inventory of that district, thereby decreasing the Township's ability to provide its "fair share" in relation to the Zoning Map.
(c)
In the event a master plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the master plan shall be filed; or, in case of a master plan that provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than 90 days, and in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 365 days.
(d)
The official written communication provided for in this section shall be certified by the Township Secretary and shall be filed in his/her office and a certified copy shall be mailed United States certified return receipt requested to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(6)
Exhibits. For the purpose of reviewing the proposed master plan at the Planning Commission and Board of Supervisors meetings, the applicant may provide exhibits of each component of the plan, including, but not limited to, man-made features, existing natural features, proposed lot layout and proposed utilities; these exhibits will be used as visual aids to examine how the components of the plan fit together.
(7)
Status of master plan after tentative approval.
(a)
Tentative approval of a master plan shall not qualify the Planned Residential Development for recording nor authorize development or the issuance of any building permits. A master plan which has been given tentative approval with conditions of the tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval) shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval without the consent of the landowner, provided an application for final approval is filed, or in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
(b)
Revisions to a master plan after tentative approval. Any changes to the tentatively approved master plan which are proposed prior to the pre-final or final plan submittal shall be submitted to the Board of Supervisors for consideration and determination as to whether or not the changes are substantial enough to require a public hearing prior to approval. If the Board of Supervisors determines a public hearing is not required, the plan may move to the final approval stage. If the Board of Supervisors determines a public hearing is necessary, the process outlined in Subsection B(4) and (5) above ("Public hearings" and "Findings of fact and conclusions") shall be followed. If a public hearing pursuant to public notice is required to review the revised plan, the applicant shall be responsible for payment of the fee for the legal advertising notice.
(8)
Pre-final master plan design submission. A master plan which has been given tentative approval shall submit street, sanitary, water and stormwater plans for the entire development to be approved by the Township Engineer. The plans shall include information sufficient for review and approval of a pre-final design as required by the Township ordinances for a preliminary subdivision plan. Approval of this submission is required prior to any final plan submissions for separate section(s) or the complete development. Review shall be within 90 days of the submission or resubmission date. Pre-final design submission must be reviewed and approved by the Mifflin County Planning Commission, Zoning Officer, Fire Chief, water and sewer provider and Township Engineer. The applicant must submit evidence of approval from all other entities to the Township prior to approval of this submission.
(9)
Application for final master plan approval.
(a)
An application for final master plan approval may be for all the land included in a master development plan, or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the official of the municipality designated by this chapter and within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond and such other requirements as may be specified by ordinance, as well as any conditions set forth in the official written communication at the time of tentative approval. Application for final design approval shall be accompanied by:
[1]
Ten copies of the final master plan, prepared or certified by a registered engineer or surveyor in accordance with this chapter and Chapter 186, Subdivision and Land Development, of the Code of the Township of Derry, showing the final location and widths of all streets, the location of all buildings, parking areas, pedestrian ways, utilities, utility easements, lot lines, the location and size of all open space not devoted to parking lots, streets or driveways, the proposed use of all lands and buildings and the metes and bounds of all proposed dedicated areas and lots.
[2]
Restrictive covenants executed by all owners of the premises within the section covered by the final plan, which, if approved, shall be recorded with the Recorder of Deeds of Mifflin County. The restrictive covenants shall be effective for a period of at least 35 years, except that covenants relating to stormwater management facilities, parks, recreation and other open space areas shall provide that the same remain as such perpetually.
[3]
Any additional conditions set forth at the time of tentative approval.
(b)
A public hearing on an application for final approval of the master development plan, or part thereof, shall not be required, provided the master development plan, or the part thereof submitted for final approval, is in compliance with the master development plan theretofore given tentative approval and with any specified conditions attached thereto.
(c)
In the event the application for final approval has been filed, together with all drawings specifications and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, the municipality shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first reviews the application next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the period of 45 days shall be measured from the 30th day following the day the application has been filed.
(d)
Variations from tentatively approved master plan.
[1]
In the event the master development plan as submitted contains variations from the master development plan given tentative approval, the approving body may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first reviews the application next following the date the application is filed, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest; provided, however, that should the next regular meeting occur more than 30 days following the filing or the application, the period of 45 days shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the landowner may either:
[2]
If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the approving body shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article. Failure of the governing body or agency to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of the application for final approval, as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(e)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the approving body and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in Section 508 of the Municipalities Planning Code, as amended, of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the Municipalities Planning Code, as amended, and post financial security in accordance with Section 509 of the Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. §§ 10508, 10513(a), and 10509, respectively.
(f)
In the event that a master development plan, or a section thereof, is given final approval and, thereafter, the landowner shall abandon such master plan or the section thereof that has been finally approved, said landowner shall so notify the approving body in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 508 of the Municipalities Planning Code, as amended;, and after final approval has been granted, no development or further development shall take place on the property included in the master development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the Municipalities Planning Code, as amended.[4]
[4]
Editor's Note: See 53 P.S. §§ 10508 and 10401 through 10408, respectively.
(g)
Approval of a final master plan may be subject to posting a performance bond covering up to 110% of the cost of developing common open spaces, common plantings, public improvements and other improvements deemed appropriate by the Board of Supervisors in accordance with this chapter and Chapter 186, Subdivision and Land Development, of the Code of the Township of Derry, and other ordinances which may apply.
(10)
Procedure for land development.
(a)
After final approval of a master plan, all subsequent subdivision and land development plans within the master planning area must be submitted in accordance with and meet the applicable requirements of Chapter 186, Subdivision and Land Development, this chapter, and any other required regulations. In the event of a conflict between the requirements contained in this chapter and any other ordinance, the requirements of this chapter will apply.
(b)
Any major change proposed to an approved master plan will require an amendment of the master plan. If the major change is contained within a proposed subdivision or land development plan, the Board of Supervisors shall not grant approval of the plan until an amendment of the master plan occurs. In the event of such denial, the landowner may re-file the final plan without the major changes identified in such written notice or file an application to amend the master plan, following the procedures required herein for approval.
(c)
A minor change to an approved master plan shall not require an amendment of the master plan. If the minor change is proposed as part of a subdivision or land development plan, then the change will be approved through the normal review process for subdivision and land development plans.
(11)
Amendments to an approved master plan. Any major changes requested to an approved master plan must meet the procedural and content requirements presented in the master plan approval process. A major change, as determined by the Township, to an approved master plan is represented by any of the following:
(a)
Any increase in the approved residential or commercial area percentage.
(b)
Any significant changes in the approved densities for residential areas.
(c)
Any significant changes in the commercial or industrial floor area ratios.
(d)
Any decrease in the approved open space area percentage.
(e)
A change in the location of external vehicular access points or interior roadway locations.
(f)
Any other change determined by the Township to be significant.
(12)
Post final master plan approval.
(b)
No changes may be made in the approved final master development plan during the construction of the Planned Residential Development except upon application to the appropriate agency under the procedure provided below.
[1]
Minor changes in the locating, siting and height of buildings, structures and rearrangement of lots to not exceed a 10% reduction of overall dwelling units of the finally approved master plan to follow the Township's lot consolidation procedure may be approved by the Zoning Officer after authorization by the Planning Commission if required by engineering or other circumstances not foreseen at the time the final master plan was approved.
[2]
All other changes in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final master plan must be made by the Board of Supervisors under the procedures authorized for final master plan approval. No amendments may be made to the approved final master plan unless they are shown to be required by changes in conditions that have occurred since the final master plan was approved or by changes in the development policy of the Township.
(13)
Additional applicable ordinances and laws.
(a)
The plans required under this section shall be submitted in a form which will satisfy the requirements of Chapter 186, Subdivision and Land Development, for the preliminary and final plans required under those regulations, and site plans under this chapter.
(d)
Any other ordinance of the Township governing construction of buildings.
(14)
Appeals procedure. Any decision of the Board of Supervisors granting or denying approval of a Planned Residential Development master plan shall be subject to appeal to court pursuant to Article X-A, Appeals to Court (53 PS § 11001-A et seq., as amended) of the Pennsylvania Municipalities Planning Code and otherwise per the Pennsylvania Municipalities Planning Code, as amended from time to time.[6]
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Master plan provisions.
(1)
Required master plan content. Proposed master plans shall be prepared by a registered engineer, surveyor, landscape architect or similarly qualified person and drawn to a scale of one inch equals 100 feet or larger (e.g., one inch equals 30 feet) and shall contain the following information:
(a)
General data.
[1]
Name of proposed Planned Residential Development District.
[2]
North point.
[3]
Graphic scale and legend describing all symbols shown on the plan.
[4]
Day, month and year the plan was prepared and date and description of revisions to the plan occurring after formal submission.
[5]
Name and address of the owner and deed book and page numbers of the deeds conveying the property to the owner. Name of the developer and their billing address (if different).
[6]
Name, address and seal of the individual or firm preparing the plan.
[7]
Names of abutting property owners, tax parcel numbers and their deed book and page numbers.
[8]
Key map showing the location of proposed Planned Residential Development District development and all roads within 5,000 feet therefrom.
[9]
Mifflin County tax parcel numbers of all parcels included in the Planned Residential Development District.
[10]
A certification of ownership and plan acknowledgment signature block.
[11]
An offer of dedication signature block.
[12]
Township approval signature blocks.
[13]
Recorder of Deeds signature block.
(b)
Existing features.
[1]
Perimeter boundaries of the total property, showing bearings to the nearest minute and distances to the nearest hundredth of a foot.
[2]
Total acreage of the property and total square feet within each lot of the development.
[3]
Existing natural features, including, but not limited to, soil types, unique vegetation, all tree masses, all other trees in excess of four inches in caliper, rock outcroppings, closed depressions, sinkholes, watercourses, floodplains, steep slopes, wetlands and topographic contour lines at vertical intervals of five feet of the site.
[4]
Approximate location of man-made features in or within 100 feet of the property, including:
[a]
Sewer lines and laterals.
[b]
Water mains and fire hydrants.
[c]
Electrical lines and poles.
[d]
Culverts and bridges.
[e]
Other existing utilities as required.
[f]
Railroads.
[g]
Buildings.
[h]
Streets, including right-of-way and cartway widths and approximate grades.
[i]
Development of abutting properties including location and types of uses.
(c)
Proposed development. The Planned Residential Development is envisioned as an area in which an integrated development will occur which incorporates a variety of land uses permitted within the district. The respective areas of the master plan devoted to specific residential, commercial and industrial uses should be shown and within each area the following should be included.
[1]
A plan showing the proposed general lot layout; the location of the various types of land uses; the approximate location, use, height and bulk of building(s); the proposed density of population and housing in each distinct residential area; the location and size of recreational spaces, parks, schools and other facilities which are intended for public use with off-street parking; the provisions for automobile parking and the size and floor space of commercial or industrial uses.
[2]
A public utility plan for sanitary sewer, water and stormwater management controls and their easements. The plan shall include approximate location and pipe diameter of sewer and water mains and the approximate location of fire hydrants.
[3]
The approximate property lines of lots to be subdivided, measured to the nearest foot.
[4]
The approximate location of sidewalks and bike paths.
[5]
The approximate location of utility and drainage easements.
[6]
Perimeter setbacks and required buffer yards.
[8]
A conceptual landscaping plan indicating the treatment of materials and landscaping concepts used for private and common open space.
[9]
A general grading plan showing any major alterations to the topography by five vertical feet or more of the site.
[10]
The approximate location and area of proposed common open space, including:
[a]
The proposed use and improvements of common open space.
[b]
The approximate location and use of common recreational facilities.
[c]
The approximate location and area of land to be dedicated for public purposes.
[d]
The approximate locations of public transit amenities, bicycle paths, sidewalks and relevant recreational amenities, including adjacent bikeways, sidewalks, parkland and open space.
[11]
A table shall be included on the plan describing each phase or section with quantitative data, including the following:
[a]
The total area of the development and approximate area of each phase and the date when construction of each phase can be expected to begin and end. The number and type of units to be developed in each phase shall also be included. This schedule will be updated every January.
[b]
The total area devoted to each use, the number of residential units, the percentage of each type of use and the total floor area in the development and in each phase.
[c]
The phasing of all on-site and off-site improvements such as roadways, storm drains and stormwater management shall be illustrated.
[d]
The area of streets, parking, sidewalks, and walkways and the total area paved and percent of area paved or covered by the structures in the development and each phase or section.
[e]
The total acreage and percent of acreage in common open space in the development and each phase.
[f]
The total area devoted to planned recreational use throughout the entire development and in each phase.
[g]
The calculation of impervious surface in the development and in each phase.
(2)
Required narrative statement content. The following information should be included with a narrative statement submitted with the tentative and final master plan submission:
(a)
A statement of the present ownership of all the land included with the Planned Residential Development and the applicant's interest in the land proposed for development. By definition, the Planned Residential Development is required to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses. Therefore, if multiple owners wish to form a partnership in order to pursue tentative approval of a Planned Residential Development, a lot consolidation plan will be required as a condition of approval and must be completed prior to submission of the pre-final design.
(b)
An explanation of the character of the Planned Residential Development and the reasons why a Planned Residential Development would be in the public interest and would be consistent with the character of Derry Township. Discussion of other criteria used in site planning, such as natural features, consideration of adjacent land uses, circulation and community facilities is required with the explanation. An explanation of the design pattern of the Planned Residential Development.
(c)
A statement describing any proposed innovative design concepts included in the plan.
(d)
The substance of covenants, grants of easements or other restrictions proposed to be imposed on the use of land, buildings and structures, including proposed easements or grants for public use or utilities. The covenants should specifically indicate that any land proposed for parks, recreation or open space shall be used for such purposes in perpetuity.
(e)
A description of the form of organization proposed to own and maintain the common open space, recreational facilities or other common facilities.
(f)
A statement of the proposed use and improvement of common open space and recreational facilities.
(g)
A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.
(h)
A statement describing the proposed stormwater management plan illustrating existing and proposed drainage patterns and detention pond areas. Documentation shall be provided to support the feasibility of the proposed stormwater, erosion and sediment control plans with the final master plan submission only.
(i)
A statement describing the proposed sanitary sewage collection and treatment system and water service. Documentation shall be provided to support the feasibility of the proposal for water supply and for the sanitary sewage collection and treatment, including sewer authority and public water authority ability and capacity to serve the Planned Residential Development.
(3)
Required transportation impact study/report. A transportation impact study/report shall be prepared and submitted with the tentative and final master plan submissions as per the adopted Township standards by a qualified professional and include the following:
(a)
Analysis and description of existing conditions and traffic volumes for the external road network serving the site. The external road network to be studied shall be determined by the municipality prior to the master plan review.
(b)
A base condition analysis shall be prepared to establish existing levels of service followed by analysis and description of projected traffic conditions based on the land uses proposed within the development. Trip generation rates for morning and evening peak hours of the project shall be prepared, as well as the internal/external trip distribution and intersection analysis.
(c)
The analysis shall address the traffic impacts of the proposed development along with surrounding traffic-generating land uses in the area including land use changes. The analysis will evaluate the adequacy of the area road network and identify the need for road and access and traffic control measure improvements generated by the proposed development and surrounding land uses.
(d)
The analysis shall contain recommended internal and off-site road improvements. These recommended improvements should be specific as to location and scope of work required along with a phased schedule for implementation. Examples of additional items that should be included in this section are:
(e)
Utilization of alternate modes of transportation shall be a component of the traffic impact analysis. Evaluation of traffic mitigation measures as it relates to public transportation and future site development should also be addressed.
(f)
Revision of the traffic impact study/report based on changes made from the tentative submission to the final master plan submission shall be required. Revisions shall occur in conjunction with the filing of the final master plan.
(4)
Development schedule/phasing plan. When it is anticipated that development pursuant to a master plan will occur in phases over a period of years, the following shall be included with the application for tentative or final master plan approval:
(a)
The date when construction of the project can be expected to begin.
(b)
A description of the phases in which the project will be built and the date when construction of each phase can be expected to begin and end.
[1]
The number and type of units to be developed in each phase shall also be included. This schedule will be updated every January subsequent to final master plan approval.
[2]
Any phase of development pursuant to an approved master plan shall be able to function independently of the undeveloped phases while being compatible with adjacent or neighboring land uses.
[3]
If development pursuant to a master plan is to be done in phases, over a period of years, and according to an approved schedule, the gross density of any phase, or in combination with previously developed phases, shall be in general proportion to residential and nonresidential density requirements.
(c)
The phasing of all on-site and off-site improvements such as roadways, storm drains and stormwater management shall be described.
(d)
The area and location of common open space that will be provided in each phase.
(e)
The type and location of both active and passive recreation areas that will be provided in each phase.
(5)
Perimeter requirements.
(a)
If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the Planned Residential Development, the Board of Supervisors may impose the following requirements:
[1]
Structures located within 20 feet of the perimeter of a Planned Residential Development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses as set forth in the underlying former zoning district unless otherwise approved by the Township.
[2]
Structures located on the perimeter of the Planned Residential Development must be permanently screened if required by the Board of Supervisors.
(b)
The above Subsection C(5)(a)[1] and [2] are intended to provide adequate privacy to the proposed structures and uses of the Planned Residential Development from adjacent incompatible structures or uses.
(6)
Design and improvement standards.
(a)
Environmental design. Development in the Planned Residential Development should be based on an environmentally harmonious and aesthetically pleasing design. Consideration should be given to the overall character of the development and its visual effect on adjacent uses, as well as the tenants of the development, residents of the Township, and Mifflin County at large. The following factors should be taken into account in the design and presented on all plans submitted pursuant to an approved master plan.
[1]
Existing trees should be preserved whenever possible. Existing stands of mature, healthy trees, hedgerows, waterways, historic sites, scenic points, views and vistas and other community assets and landmarks should be preserved.
[2]
The development plan should be designed to minimize grading and other changes to the natural terrain. All graded slopes should blend with the surrounding terrain and development.
[3]
All landscaping shall be in conformance with an overall landscaping plan and unifying concept for the development.
[4]
Buffer yards.
[a]
Buffer yards are required, as applicable, on each lot (or lease area) or land development area independent of adjoining uses or adjoining buffers.
[b]
If a developed use increases in intensity or changes, increases in the buffer yards may be required by the Board of Supervisors.
[c]
Consideration should be given to utilizing existing vegetation as an element in the application of buffer yards.
[d]
Buffer yards shall not be used for parking, loading, storage or structures. All except side buffer yards of interior lots may be crossed by access driveways and utility easements, provided that such are not more than 25 feet in width at the point of intersection.
[e]
Where a required buffer yard is wider than the setback(s) required in the district, the wider dimension will govern.
[f]
All plantings shall be selected to be compatible with the environmental conditions they will be exposed to. Any plant material that does not survive must be replaced within one year. The determination of the buffer yards shall be made through the use of this chapter and Chapter 186, Subdivision and Land Development, of the Code of the Township of Derry. All uses within each use classification will be considered to have an equal impact on neighboring uses. Impacts resulting from greater intensity uses on adjacent parcels would include: noise, dust, lighting glare, heat, traffic, building bulk and height, storage areas and impervious surface areas. The intensity of adjoining uses must also be determined from the classification system. Once the land use classifications are determined, the appropriate buffer yard can then be applied to the land development.
[5]
Sidewalks shall be required in conformance with the underlying zoning district and provide for a unifying pedestrian circulation concept for the entire development. The Township reserves the right to require sidewalks at its discretion in the PRD.
D.
Regulations.
(1)
Use regulations.
(a)
The following residential uses may be permitted in a Planned Residential Development: single-family, two-family, multifamily, detached, semidetached and attached dwellings, nursing homes, personal care boarding homes, assisted living facilities and retirement communities and other convalescent homes.
(b)
The additional uses set forth in the following subsections may be permitted where the Board of Supervisors deems that one or more of them is appropriate to the neighborhood in which the Planned Residential Development is located. The definition of the neighborhood shall be determined by the Board of Supervisors prior to the Board of Supervisors' action in relation to additional uses, and additional uses shall be voted upon considering planning principles based upon, but not limited to, the following: the proposed Planned Residential Development area; any adjacent existing, proposed, potential or tentatively approved Planned Residential Development area(s); utilities; building complexes; topographic and natural features; and population.
[1]
Building gross floor areas (square feet) for nonresidential uses shall not exceed the following:
Acreage of PRD | Total Maximum Area for Nonresidential Use(s) | |
|---|---|---|
100 to 150 acres | 8% of site area | |
151 to 250 acres | 7% of site area | |
251 acres and up | 6% of site area |
[2]
Neighborhood shopping center.
[a]
The neighborhood shopping center shall not exceed the total gross floor area for the market area population of the neighborhood as defined above. The market area population is determined to be the daytime employment and residential population of the neighborhood as defined above. The neighborhood shopping center is defined as a group of not more than 15 stores, offices and/or service operations planned and developed as a single unit in the context of the Planned Residential Development. The total gross floor area of the neighborhood shopping center and the proposed Planned Residential Development combined shall not exceed the maximum area identified on the preceding chart. Any single retail store occupant shall not exceed 20,000 square feet of leasable area.
[b]
The following sales or services are permitted within the aforementioned neighborhood shopping center: convenience food stores, confectionery stores, delicatessens, drugstores, pharmacies, dry goods stores, grocery stores, hardware stores, jewelry stores, laundromats, personal services and professional offices, dry cleaning and laundry pickup station, business/financial offices, medical and dental offices, clinics, eating and drinking establishments, retail establishments for the sale and service of goods, health club, and athletic and recreational facilities other than those provided within common open spaces.
[c]
The sale of aircraft, boats, cars, heavy equipment, lumber, yard maintenance equipment and vehicles, together with the servicing of vehicles, is prohibited. Retail operations that rely on a market area exceeding the larger neighborhood of which the Planned Residential Development is part are prohibited.
[3]
Any area devoted to an industrial use shall not exceed 5% of the total land area within the proposed Planned Residential Development. Only the following uses in this industrial context shall be permitted: research and development, dairy, bakery, assembly of electrical appliances, scientific and technical equipment, including the manufacture of small parts only, office building, limited warehousing and storage. All storage of parts, equipment, etc., shall be located entirely within the main or accessory structures. Industrial uses of the Planned Residential Development shall be located adjacent to an arterial or collector street. The range of uses listed above are permitted only when the underlying zone was zoned nonresidential (GC, LI, HI); and/or the Planned Residential Development is adjacent to a commercial, industrial or similar nonresidential use that relates to the adjacent area. Where applicable, the proposed location of the nonresidential use shall be located adjacent to neighboring nonresidential uses.
[4]
The Board of Supervisors may also permit additional nonresidential uses, such as churches and other actual places of regularly scheduled congregational religious worship, private/public schools, golf courses, community centers, child day-care centers, clubs, lodges, fraternal organizations, libraries, museums, art galleries and governmental buildings, provided they are designed to serve primarily the residents of the Planned Residential Development and the larger neighborhood and are compatibly and harmoniously incorporated into the design of the Planned Residential Development. Such additional nonresidential uses shall not, by reason of their location, construction, manner or timing of operation, signs, lighting, parking arrangements or other characteristics, have adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards to vehicular or pedestrian traffic.
(2)
Area and bulk regulations.
(a)
In this section, where the word "former" is used, said word shall refer to the zoning classification of a parcel of land prior to its having been zoned Planned Residential Development under the provisions of this section.
(b)
The distance between buildings in a Planned Residential Development shall not be less than that required in the former district; however, the Board of Supervisors may permit reductions in these requirements if it finds that through the use of topography, sitting on the lot, or design, such building or buildings do not infringe upon the privacy adjacent, existing or potential structures, provided that:
[1]
Front yard minimum setback distances shall be required as follows:
Setback Distances (feet) | |||
|---|---|---|---|
Type of Building | Local and Collector Streets | Arterial Streets | |
Single-family dwelling and two-family | 20 | 100 | |
Multifamily dwellings | 30 | 100 | |
Nonresidential | 50 | 100 | |
NOTE: | |
|---|---|
All other setback requirements not stated in the above chart shall be in accordance with the underlying former zoning district. |
[2]
Nonresidential buildings shall not be located closer than 50 feet to any residential building property line.
[3]
Spacing shall be provided between buildings to ensure privacy and sufficient light and air. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers and landscaping shall be used, as appropriate, for protection and aesthetic enhancement of property, the privacy of its occupants, the screening of objectionable views or uses and the reduction of noise within the Planned Residential Development tract, Planned Residential Development sections and offsite.
(c)
The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood. Multiple-story buildings shall be located within a Planned Residential Development in such a manner so as not to create an adverse impact on adjoining low-rise buildings.
(3)
Utilities.
(a)
Sanitary sewage disposal. Planned Residential Developments shall only be permitted in areas designed for public sewer service or an approved package treatment system as identified in the Derry Township 537 Sewage Facilities Plan, as amended.[7] All requirements of the sewer authority/company and the Pennsylvania Department of Environmental Protection (PA DEP) shall be complied with.
(b)
Water supply. All Planned Residential Developments shall connect to public water authority/company mains. All water mains and laterals shall meet the design and installation specifications of said water authority/company.
(c)
Other utilities. All other utilities servicing the Planned Residential Development District shall be provided underground.
(4)
Impervious surface. Impervious surface information shall be provided per section/phase such that the total ground floor area of all buildings and structures shall not exceed 30% of the total area of the Planned Residential Development. Maximum impervious surfaces, including roads, sidewalks, and parking lots, shall not exceed 50% of the total area of the Planned Residential Development.
(5)
Residential density.
(a)
In this section, where the word "former" is used, said word shall refer to the zoning classification of a parcel of land prior to its having been re-zoned Planned Residential Development under the provisions of this chapter.
(b)
In order to encourage landowners to take advantage of the Planned Residential Development concept and to fulfill the intent of this section, the Board of Supervisors may permit up to and including the densities listed below, provided that the development exhibits good project design, provides maximum open space and encourages pedestrian movement throughout. Each Planned Residential Development shall consist of an appropriate mix of dwelling types.
District | PRD Density (units per acre) | |
|---|---|---|
Agricultural | 5 | |
Rural | 5 | |
LDR – Low-Density Residential | 10 | |
MDR – Medium-Density Residential | 15 | |
HDR – High-Density Residential | 20 | |
Commercial | 20 | |
Health Care Zone | 20 | |
Industrial | 20 |
(c)
The Board of Supervisors may decline or refuse to allow the proposed density within each zoning district of the Planned Residential Development if the development:
[1]
Creates inconvenient or unsafe pedestrian or vehicle access to the Planned Residential Development.
[2]
Creates traffic congestion on existing adjoining streets resulting from the planned development of the Planned Residential Development.
[3]
Places an excessive burden pursuant to accepted guidelines on parks, recreational areas, schools and other public facilities which serve or are proposed to serve the Planned Residential Development.
[4]
Adversely affects existing uses on adjacent lands which are different from the proposed uses in the Planned Residential Development.
(d)
The minimum common open space to be provided within the Planned Residential Development shall be in accordance with the following chart. Common open space (COS) is the portion of the gross tract area of the Planned Residential Development which is specifically dedicated to passive and/or active recreational activities, and is freely accessible to residents, property owners and tenants of the Planned Residential Development. Up to 75% of the on-site stormwater management facilities may be included in the common open space calculation.
Residential Dwelling Units Per Acre | Required Common Open Space Percentage | |
|---|---|---|
1 to 4.9 | 15% | |
5 to 9.9 | 18% | |
10 to 14.9 | 20% | |
15 to 19.9 | 25% | |
Less than 20 | 25% |
(e)
The computation of overall residential dwelling units per acre of land of a Planned Residential Development shall be rounded to the nearest tenth and shall not include the area of lands intended for commercial or industrial purposes, churches or other public or nonresidential uses within the Planned Residential District. Common open space shall be included in the computation.
(f)
The total acreage and percentage of acreage to remain as common open space throughout the entire development and in each phase shall be provided on the plan.
(6)
Common open space.
(a)
The Board of Supervisors may not approve a Planned Residential Development unless the common open space meets the following standards:
[1]
The location, shape, size and character of the common open space shall be provided in a manner to meet the needs of the Planned Residential Development, and the criteria of Chapter 186, Subdivision and Land Development, of the Code of the Township of Derry.
[2]
Common open space shall be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the Planned Residential Development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.
[3]
Adequate access shall be provided to the open space from all dwelling units in the Planned Residential Development. This includes providing connections to existing and proposed sidewalks and bikeway systems.
[4]
A minimum of 50% of the required open space shall be contiguous land.
[5]
A minimum of 50% of the required open space shall be suitable for recreation purposes (i.e., no wetlands, steep slopes, sinkholes).
[6]
Common open space must be suitably improved for its intended use, but common open space containing natural features, existing trees and ground cover worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space having regard to its topography and unimproved condition.
[7]
The development schedule which is part of the master plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the Planned Residential Development.
[8]
The use and improvement of the common open space shall be planned in relation to any existing or proposed public or semi-public open space which adjoins or which is within 1,500 feet of the perimeter of the Planned Residential Development.
(b)
All land shown on the final master plan as common open space shall be conveyed in either of the following ways, at the discretion of the Board of Supervisors:
[1]
To the Township of Derry. The Township may accept or reject all or part of the common open space in dedication.
[2]
To an organization for the ownership and maintenance of the common open space, which organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise, without first obtaining approval from the Township of Derry.
[3]
Be subject to private ownership with a common open space easement with shared access by all, with maintenance the responsibility of the property owner. Said easement shall transfer with each property and cannot be sold or otherwise conveyed.
(c)
In any event, the common open space, after being approved on the final master plan, shall be used thereafter for no other purpose than as specified in the final master plan.
E.
PRD review schedule and time line.
(1)
Preapplication meeting. Prior to submittal of application for Planned Residential Development.
(2)
Application for Township approval. Approval period commences upon first Planning Commission Meeting, date of official filing, provided all required master plan documents are submitted to the Municipal Building 10 days prior to the Derry Township Planning Commission meeting or as set forth in Subsection B(3) of this section.
(3)
Planning commission recommended action. The Planning Commission shall notify the Board of Supervisors of any recommended action, changes or modifications to the plan within 60 days of the date of official filing, the Planning Commission Meeting.
(4)
Review by Township Board of Supervisors. The review by the Board of Supervisors shall occur upon recommendation from the Planning Commission or upon failure to receive said recommendations within 180 days from the date of official filing, the Planning Commission Meeting.
(a)
Public hearing. A public hearing shall be held within 60 days after the date of official filing for tentative approval.
(b)
Findings of fact and conclusions. Within 60 days following the conclusion of the public hearing(s), the Board of Supervisors shall provide tentative approval or denial.
(c)
Within 30 days after receiving a copy of the official written communication of the Board of Supervisors, the landowner shall notify the Board of Supervisors of his/her intent to accept or reject all conditions.
(5)
Pre-final master plan design submission. After tentative approval, the landowner must submit the required documentation for final approval within 90 days of date of tentative approval.
(6)
Application for final master plan approval. The municipality shall, within 45 days from the date of final submission, grant or deny final approval.
(7)
Municipal master plan review time line:
 |
(8)
Land development. After final approval of a PRD master plan, all subsequent land development plans within the master plan area must be submitted in accordance with the applicable requirements of Chapter 186, Subdivision and Land Development, of the Code of the Township of Derry, and any other required regulations.
(9)
This Subsection E, PRD review schedule and time line, is included for ease of reference. At all times, if there is any inconsistency between this Subsection E and the other provisions of this chapter or of the Municipalities Planning Code, as amended,[8] the other provisions of this chapter and/or the Municipalities Planning Code, as amended, shall supersede this section.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.