East Earl Township City Zoning Code
ARTICLE VI
Welsh Mountain Watershed Conservation WMWC District
§ 450-29 Intended purpose.
The Welsh Mountain Watershed Conservation (WMWC) District seeks to protect the watershed and drainage area contributing to the reservoir behind the existing dam in southern East Earl Township by limiting land uses and land use intensities to those which do not degrade the environmental quality of the watershed and the lands within the district. It is the further intent of this district to regulate development in such a manner that the public interest will be served by lessening the chance of pollution or other damage to the public water supply that is provided for by the reservoir. The requirements of this district intend to encourage the preservation of the natural environment and the retention of open land which is so located and designed to constitute a harmonious and appropriate part of the physical development of the Township as provided for in the Township's Comprehensive Plan. As in the Conservation/Open Space (CO) District set forth in Article V, existing soil and topographic characteristics severely limit development potential. It is the intent of the Board of Supervisors to implement the mandate of the Pennsylvania Municipalities Planning Code, as amended,[1] to preserve lands within this WMWC District through the enactment of these regulations.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 450-30 Permitted uses.
A.
Public and private conservation areas and structures for the conservation of open land, water, soil and wildlife resources and historic preservation that do not require rest rooms.
B.
Passive public and private park and recreation areas and facilities, land preserves, and similar nonintensive uses that do not require rest rooms.
C.
Electric and telephone public utility transmission and distribution facilities, including substations.
D.
Municipal facilities, including emergency services facilities, water pumping stations, reservoirs and similar structures that do not require rest rooms.
§ 450-31 Special exceptions.
A.
The following special exceptions may be permitted by the Zoning Hearing Board pursuant to standards and criteria as set forth in Article XXII and XXV herein:
(1)
Single-family detached dwellings and any additions or buildings accessory to existing and proposed single-family dwellings; provided, however, that such accessory uses shall not include:
(3)
Passive public and private park and recreation areas and facilities, land preserves, and similar nonintensive uses (§ 450-30B above) that require rest rooms.
(5)
Game refuges.
B.
In considering the above special exception uses, the Zoning Hearing Board may deny or impose conditions on such special exception uses based on the following:
(1)
The location, permitting, approval, installation, maintenance, and upkeep of the property's wastewater disposal systems. In addition to setback requirements for wastewater disposal systems established by the Pennsylvania Department of Environmental Protection (PADEP), no portion of such system shall be located closer than 100 feet to the top embankment of a waterway or body of water.
(2)
The extent to which the location, permitting, approval, installation, maintenance, and upkeep of ground-source and or geothermal heating/cooling systems will comply with § 450-164A(57) of this chapter.
(3)
The location, type, and manner of storage of hazardous materials; home heating fuel; and gasoline, diesel fuel, and lubricants used in the operation and maintenance of motorized vehicles. In addition to any setback requirements for such hazardous materials; heating fuel; and gasoline, diesel fuel, and lubricants as may be mandated by authorities having jurisdiction, no such hazardous materials; heating fuel; and gasoline, diesel fuel and lubricants shall be located closer that 150 feet to the top embankment of a waterway or body of water.
(4)
The number and type of motorized vehicles that will be parked and/or stored on the property.
(5)
The extent to which the lot will be cleared and graded in order to establish the principal structure, accessory uses, access drives/driveways, parking facilities, and alternative/renewable energy systems, including but not limited to solar- and wind-powered systems (if applicable). Such clearing and grading shall be as compact as is possible in order to avoid needless removal of wooded lands that are vital to the protection of the watershed. Where clearing is proposed, the clearing activity shall take place as close as is possible to a woodland edge so as to maintain the integrity of forest blocks. Further, no such clearing and grading shall occur within 75 feet of the top embankment of a waterway or body of water.
(6)
The extent to which the lot will be covered by impervious surfaces, as well as, the erosion and sediment control measures and stormwater management controls that will be implemented.
§ 450-32 Special provisions.
§ 450-33 Height regulations.
§ 450-34 Lot area, lot width, and impervious coverage regulations.
A.
Lot area. The minimum lot area for single-family detached dwellings and all other permitted principal uses shall be five acres.
B.
Number of dwelling units and lots permitted:
(1)
The combined maximum number of dwelling units and lots shall be based on the acres of contiguous land held in single and separate ownership (see "parent tract" as defined herein) as of the effective date of this Zoning Ordinance. The following scale shall be used to determine the permissible subdivision/land development:
Size of Parcel or Use (acres) | Permitted Number of Dwellings/Lots |
|---|---|
0 to 4.99 | 0 |
5 to 99.99 | 1 |
100 to 199.99 | 2 |
200 or more | 3 plus 1 additional dwelling/lot for each additional 100 acres. |
(2)
All subdivisions and land developments, including all lot add-on plans, shall be subject to the scale identified in Subsection B(1) above. The only exemption from the requirements of Subsection B(1) above is a subdivision to create a lot which will be transferred to the Township, a municipal authority created by the Township or other governmental entity.
(3)
Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or land development, if any such right remains from the number allocated to the parent tract as of the effective date of this Zoning Ordinance, or on the date when such land was first included within the WMWC District.
(4)
In no event shall any tract of land which is subdivided or resubdivided after the same becomes subject to the provisions of this section nor any of the lots which are created by such subdivision or resubdivision, result in an increase in the number of dwellings or lots permitted by Subsection B(1).
D.
Impervious coverage. Lot impervious coverage shall not exceed:
Size of Parcel (acres) | Impervious Coverage |
|---|---|
0 to 4.99 | 10% |
5 to 99.99 | 7.5% |
100 to 199.99 | 5% |
200 or more | 2.5% |
§ 450-35 Setback regulations.
The following setback regulations apply to all principal and accessory buildings and structures permitted within the WMWC District.