The primary purpose of the Rural Agricultural Zone is to provide the opportunity to maintain the agricultural basis of the Township and the most productive soils for agricultural use and thus discourage the excessive conversion of farmland to nonagricultural use and protect the farmer from adverse impacts from the intrusion of nonfarm uses into agricultural areas. By establishing the Rural Agricultural Zone, the Board of Supervisors further intends to protect and stabilize the Township's agricultural economy by prohibiting uses that are incompatible with farming while permitting agricultural support businesses. The provisions of this article are specifically formulated to further the objectives of the Municipalities Planning Code[1] that zoning ordinances shall be designed to preserve prime agricultural land and farm land considering topography, soil type and classification, and present use. The Rural Agricultural Zone serves several important purposes in the Township. Division of parcels within this zone is strictly limited so as to minimize development of productive farmland and disturbance of natural and historic resources. Residential uses are severely limited, and any future inhabitants in this district must be willing to accept the impacts associated with normal farming practices. Owners, occupants and users of property within this district must be prepared to accept such impacts from agricultural operations and are hereby put on official notice that Section 4 of Act 133 of 1982, as amended, known as the Right to Farm Law[2] and Sections 311 through 318 of the Agriculture, Communities and Rural Environment Act (ACRE) of 2005, as amended, 3 Pa.C.S.A. § 311 through 318, may bar them from obtaining a legal judgment against such agricultural operations.

Another equally important purpose of the Rural Agricultural Zone is to preserve and protect the Township's sensitive environmental and cultural features. This is consistent with the authority granted by the Pennsylvania Municipalities Planning Code, which requires zoning ordinances to "promote, protect and facilitate the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers, and floodplains." Included within this Zone is a combination of sensitive environmental features, including wetlands, stream corridors, unique geologic formations, important animal and plant habitats, woodlands which serve as groundwater recharge areas and connecting woodland corridors important to ecosystem health and maintenance.

(Reserved)[3]

The Board of Supervisors further intends the design requirements of this section to protect and assure the availability of reliable, safe and adequate water supplies to support the intended land use within the capacity of the available water resources. The Rural Agricultural Zone is not provided with public water service or public sewer service. All uses will be served from groundwater. The Township has experienced severe drought, and the Board of Supervisors is aware that existing wells have gone dry. The Board of Supervisors is also aware that areas of the Township within the Rural Agricultural Zone have soil and rock formations which have low water yields even when there is no drought. Larger lot areas and lower density of development are necessary to enable sufficient groundwater recharge to serve existing and new uses in the Rural Agricultural Zone. The Board of Supervisors is also aware, as demonstrated by well tests, that areas of the Township have groundwater which is contaminated by nitrogen-nitrates. The PA DEP has recommended that the Township take action to improve the quality and safety of groundwater supplies. Larger lot areas are necessary for the dispersions of nitrates from sewage disposal systems installed to serve new dwellings and other uses to ensure groundwater quality.

In addition, those portions of the Rural Agricultural Zone which are also included in the TDR Sending Overlay District shall be subject to the requirements of § 490-23 and Article VIII of this chapter.

Accessory recreational uses associated with a business or industry;

Agriculture;

Agricultural operations;

Day-care facilities, family;

Greenhouses and nurseries;

Municipal use;

No-impact home-based business;

Public parks and playgrounds;

Public utilities structures, with the exception of public sewer and water plants and lines;

Repair of small goods;

Roadside stands;

Single-family detached dwellings;

Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

Winery, Type A. Permitted if it is secondary and subordinate to agriculture on the same parcel of land which is being utilized for agriculture, provided the specific criteria in § 490-130.1 are met.

Accessory uses customarily incidental to the above conditional uses;

Agricultural research lab;

Airports/heliports;

Animal hospitals and kennels;

Bed-and-breakfasts;

Campgrounds;

Cemeteries;

Churches and related uses;

(Reserved)[7]

Secondary farm occupations;

Farm-related businesses;

Farmers market and/or flea market;

Golf courses and driving ranges;

Home occupations;

(Reserved)[8]

Land application of sewage sludge;

Personal care facility;

Private clubs;[9]

Riding stables;

Rural occupations;

Sawmills;

Schools, private and public;

(Reserved)[10]

Shooting range, outdoor;

Stockyards and feedlots;

Two-family conversions;

Waste handling facilities, principal; and

Wholesale produce and tobacco auctions;

Wind energy facility;

Winery, Type B.

Tower-based wireless communications facilities (WCF).

Wireless communications facilities (WCF) on existing structure.

Accessory dwelling.

Event venue.

Single-family detached dwellings.

The applicant shall have the burden of proving that the land he/she seeks to subdivide and utilize for single-family detached dwellings meets all of the above criteria.

All other uses. No subdivision shall be permitted unless a parcel is divided into or among two or more farms which will after transfer each contain 50 acres or more of land. This shall not prevent a parcel containing less than 50 acres from transferring land to another farm.

Provision of greater-than-required protection of natural and cultural features as identified in § 430-17E of Chapter 430, Subdivision and Land Development. The areas or features given greater than required protection shall be documented and mapped accurately using the procedures described in § 430-17C(1) and E of Chapter 430, Subdivision and Land Development. Deed covenants shall not be accepted as greater-than-required protection;

Donation of perpetual easements for identified sensitive environmental features or areas with severe development constraints to a private not-for-profit or public agency. Deed covenants shall not be accepted as a replacement for the donation of a perpetual easement;

Creation of a linear trail along a stream, railroad bed, utility easement, hillcrest, scenic road, or other area desired by Township officials;

Creation of walkway, bike trail or other linkages between the proposed development and adjacent and nearby parks, schools and other community and commercial uses;

Provision of on-site noncommercial recreational facilities;

Provision of public access to and use of on-site amenities; and

Rehabilitation of identified historic structures and archaeological features.

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 20 feet.

Each lot shall be located so that the remainder of the tract from which such lot is subdivided shall be configured in a manner to best facilitate agricultural operations on the remainder and, to the maximum extent feasible, contain the soils of the highest agricultural land capability.

To the maximum extent feasible, each lot shall be located so that the remainder of the tract from which such lot is subdivided shall be configured in a manner to best facilitate agricultural operations on the remainder and, to the maximum extent feasible, contain the soils of the highest agricultural land capability.

Each lot shall be located in a manner to cluster residential lots and minimize division of or barriers within agricultural or open space lands.

For any new lot to be created, or for any existing lot to be developed or built upon in any way which is located in woodlands within the Restricted Overlay District, continuous canopy, or in woodlands reservations delineated on the Official Map of Hellam Township, written documentation and supporting illustrations drawn to scale specifically setting forth, in acres or square feet, the amount of proposed alterations to the woodlands, shall be required and the percent disturbed area shall be calculated. The method of calculation of this percentage shall also be shown. The altered or disturbed area shall include, but not be limited to, the proposed building site, parking areas, access drive or driveway, stormwater retention basins and any other significant or accessory facilities. If the amount of woodlands to be altered is shown to be greater than 20%, a description of the means by which the proposed alteration will have the least impact on the biological and hydrological function and biodiversity of the woodlands is required.

(Reserved)[1]

Day-care facilities, family;

Municipal use;

No-impact home-based business;

Public parks and playgrounds;

Public uses and public utilities structures;

Single-family detached dwellings;

Single-family semidetached dwelling; and

Accessory uses customarily incidental to the above permitted uses.

Bed-and-breakfasts;

Boarding houses;

Churches and related uses;

Home occupations;

Mobile home parks;

Multiple-family dwelling or multiple townhouses on a single lot;

Townhouses; and

Two-family conversions.

Accessory dwelling.

Agriculture, subject to the requirements of § 490-12 of this chapter;

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

Day-care facilities, commercial;

Golf courses and driving ranges;

Medical residential campuses;

Personal care facility;

Schools, private and public;

Village overlay developments; and

Accessory uses customarily incidental to the above conditional uses.

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 20 feet.

Agriculture subject to the requirements of § 490-12 of this chapter;

Day-care facilities, family;

Municipal use;

No-impact home-based business;

Public parks and playgrounds;

Public uses and public utilities structures;

Roadside stands as an accessory use to a farm;

Single-family dwellings;

Accessory uses customarily applicable to the above permitted uses.

Agricultural operations subject to the requirements of § 490-12 of this chapter:

Bed-and-breakfast;

Churches and related uses;

Farm-related businesses;

Home occupations;

Motels up to 14 units;

Personal care facility. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

Personal services, including barber and beauty shops and tanning salons, dry cleaning and laundry pickup/dropoff facilities, music, art or photographic studios, and repair of small goods;

Professional office building. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

Public transportation depot;

Retail sales business, excluding adult-related uses. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

Retail service business. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

Two-family conversions;

Warehousing and wholesale trade business. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

Wholesale greenhouses and nurseries;

Accessory uses customarily incidental to the above conditional uses.

Accessory dwelling.

Event venue.

Tower-based wireless communications facilities (WCF).

Wireless communications facilities (WCF) on existing structure.

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 20 feet.

Accessory recreational uses associated with a business or industry;

Agriculture, subject to the requirements of § 490-12 of this chapter;

Barber, beauty, tanning, and health salons and spas;

Day-care facilities, family;

Farmers market and/or flea market;

Funeral homes, excluding crematoriums;

Golf courses and driving ranges;

Greenhouses and nurseries;

Health and fitness clubs;

Municipal use;

No-impact home-based business;

Photographic, music, art and dance studios;

Professional offices;

Public parks and playgrounds;

Public uses and public utilities structures;

Repair of small goods;

Restaurants;

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

Retail service business;

Commercial school;

Continuing care retirement community (CCRC).

Two-family side-by-side dwelling; and

(Reserved)[1]

Accessory uses customarily incidental to the above permitted uses.

Agricultural operations, subject to the requirements of § 490-12 of this chapter:

Airports/heliports;

Animal hospitals and kennels;

Automobile filling stations, including minor incidental repair;

Banks and similar financial institutions;

Bed-and-breakfasts;

Boarding houses;

Business park;

Car washes;

Churches and related uses;

Commercial convenience center;

Contractor's offices and shops;

Day-care facilities, commercial;

Dry cleaners and laundries;[3]

Secondary farm occupations;

Farm-related businesses;

Health care campuses, nursing homes and hospitals;

Home improvement and building supply stores;

Home occupations;

Hotels, motels and similar lodging facilities;

Laboratories for scientific or industrial research, development or testing;

Laundromats;

Manufacturing;

Medical clinic;

Medical residential campuses;

Mini warehouses;

Nightclubs and taverns;

Personal care facility;

Private clubs;

Public transportation depot;

Recreation facilities;

Restaurants, drive-through;

Restaurants, fast-food;

Schools, private and public;

Shooting range, indoor;

Theaters;

Two-family conversions;

Wholesale produce and tobacco auctions; and

Accessory uses customarily incidental to the above conditional uses.

Accessory dwelling.

Wholesale trade establishments.

Event venue.

Tower-based wireless communications facilities (WCF).

Wireless communications facilities (WCF) on existing structure.

Principal buildings and structures: 35 feet; and

Accessory buildings and structures: 15 feet.

Accessory recreational uses associated with a business or industry;

Agriculture, subject to the requirements of § 490-12 of this chapter;

Barber, beauty, tanning, and health salons and spas;

Farmers market and/or flea market;

Funeral homes;

Greenhouses and nurseries;

Group homes;

Health and fitness clubs;

Laboratories for scientific or industrial research, development or testing;

Municipal use;

Photographic, music, art and dance studios;

Professional offices;

Public parks and playgrounds;

Public uses and public utilities structures;

Repair of small goods;

Restaurants;

Retail sales or rental business, excluding adult-related uses;

Retail service business;

School, commercial;

Warehousing and wholesale trade establishments; and

Accessory uses customarily incidental to the above permitted uses.

Wireless communications facilities (WCF) on existing structure.

Adult-related uses;

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

Animal hospitals and kennels;

Automobile filling stations, including minor incidental repair;

Banks and similar financial institutions;

Billboards;

Business park;

Car washes;

Churches and related uses;

Tower-based wireless communications facilities (WCF).

Contractor's office or shop;

Convention centers;

Day-care facilities, commercial;

Dry cleaners and laundries;

Golf courses and driving ranges;

Health care campuses, nursing homes and hospitals;

Hotels, motels and similar lodging facilities;

Laundromats;

Manufacturing;

Medical clinics;

Methadone treatment facilities;

Mini warehouses;

Motor vehicle sales and service facilities;

Nightclubs and taverns;

Off-track betting parlors;

Private clubs;

Public transportation depot;

Recreation facilities;

Recycling dropoff 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;

Recycling processing facilities;

Restaurants, drive-through;

Restaurants, fast-food;

Sawmills;

School, vocational/mechanical trade and adult education facilities;

Shooting range, indoor;

Theaters;

Wholesale produce and tobacco auctions;

Airports/heliports;

Amusement arcades;

Communications antennas on existing structures;

Home improvement and building supply stores;

Junkyards;

Planned commercial center;

Processing of farm products;

Schools, private and public;

Shopping centers;

Slaughtering, processing, rendering, and packaging of food products and their by-products which are produced from the remains of animals;

Truck stops and motor freight terminals; and

Accessory uses customarily incidental to the above conditional uses.

Event venue.

Casino, category 4.

Agriculture, subject to the requirements of § 490-12 of this chapter;

Offices, banks, and similar financial institutions;

Public uses and public utilities structures;

Accessory uses customarily incidental to the above permitted uses.

Wireless communications facilities (WCF) on existing structure.

Agricultural, operations, subject to the requirements of § 490-12 of this chapter;

Commercial convenience center;

Commercial day-care facilities;

Convention centers;

Health and fitness clubs;

Health care campuses and hospitals;

Hotels and related uses;

Laboratories for scientific or industrial research and development;

Manufacturing;

Medical and methadone clinics;

Photocopying, bookbinding, printing, and publishing;

Public transportation depot;

Retail photocopy and printing centers;

Retail sales;

Warehousing and wholesale trade establishments; and

Accessory uses customarily incidental to the above conditional uses.[2]

Event venue.

Casino, category 4.

Tower-based wireless communications facilities (WCF).

Agriculture, subject to the requirements of § 490-12 of this chapter;

Offices, banks, and similar financial institutions.

Public uses and public utilities structures.

Accessory uses customarily incidental to the above permitted uses.

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

Commercial convenience center.

Commercial day-care facilities.

Convention centers.

Health and fitness clubs.

Health care campuses and hospitals.

Hotels and related uses.

Laboratories for scientific or industrial research and development.

Large solar energy production facility.

Manufacturing, storage, warehousing and wholesale trade of the following:

Medical and methadone clinics.

Photocopying, bookbinding, printing, and publishing.

Public transportation depot.

Retail photocopy and printing centers, not exceeding 5,000 square feet of gross leasable floor area.

Retail sale of office supplies, office furniture, art and drafting equipment, computers and software.

Warehousing and wholesale trade establishments.

Accessory uses customarily incidental to the above conditional uses.

Accessory recreational uses associated with a business or industry;

Agriculture, subject to the requirements of § 490-12 of this chapter;

Greenhouses and nurseries;

Municipal use;

Public parks and playgrounds; and

Public uses and public utilities structures;

Wireless communications facilities (WCF) on existing structure.

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

Quarries and other extractive-related uses.

Tower-based wireless communications facilities (WCF).

To recommend the protection of sites of local historic and patriotic value.

To encourage input with regard to responsible design in areas and/or sites of historical significance.

Steep slopes. Slopes in excess of 15% shall be considered to be included within the Restricted Development Overlay District.

Wetlands. Any portion of a property within a designated wetland, as determined by current state and/or federal guidelines, shall be considered to be included within the Restricted Development Overlay District.

Woodlands. Any portion of a property having a continuous canopy equal to or greater than 10,000 square feet shall be considered to be included within the Restricted Development Overlay District.

(Reserved)[1]

Streams. Any portion of a property within 25 feet of the ordinary waterline of a naturally occurring waterway having a drainage area of 200 acres or more shall be considered to be included within the Restricted Development Overlay District.

Unique geological features. The unique geological features shown on the Hellam Township Official Map shall be considered to be included within the Restricted Development Overlay District.

Conservation of steeply sloped lands:

Conservation of wetlands.

Conservation of woodlands.

(Reserved)[6]

Conservation of streams:

Conservation of unique geological features:

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

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

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

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

Agriculture, subject to the requirements of § 490-12 of this chapter;

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

Churches and related uses.

Single-family semidetached dwelling.

Two-family over-under dwelling.

Family day-care facilities.

Group day-care facilities.

Health and fitness clubs.

Home occupations.

Libraries.

Multiple-family dwellings.

Public and/or nonprofit parks and playgrounds.

Public uses and public utilities structures.

Public and private schools.

Restaurants and taverns.

Retail photocopy and printing centers, not exceeding 5,000 square feet of gross leasable floor area.

Single-family detached dwellings.

Two-family conversions.

Townhouses.

The following locally oriented businesses:

Accessory uses customarily incidental to the above conditional uses.

Accessory dwelling.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vehicular access and parking requirements for residences. All driveways and off-street parking should be provided within the rear yard. However, one joint-use driveway should be permitted to extend into the front yard to connect with a public street, along a common lot line serving at least two adjoining residences. Driveway widths should range between 10 and 12 feet. In no case should any joint use driveway serve more than four dwelling units. For purposes of this overlay district, Article III of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots should front along a commonly held pedestrian path, and adjoin and have direct access to a public alley, or a joint-use driveway. In such cases, the lot's front yard should be that which is along the common pedestrian path. Furthermore, the lot's front build-to line should be measured from the edge of the common pedestrian path.

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

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

Of the total 30% required, no less than two-thirds shall be used for commonly held public open spaces. Any remaining area shall be reserved for centralized common greens, such as playgrounds, picnic pavilions, and neighborhood parks, or public schools, churches, meeting halls, swimming pools, libraries, museums, and other similar uses.

The location and design of required public open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site, as described in Article IV of Chapter 430, Subdivision and Land Development. From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the Village Overlay District development minimizes disturbance of, but integrates, these features to provide a safe and attractive network of common pedestrian paths that link areas within the proposed development and connect with nearby uses of the Township. All common pedestrian paths shall consist of an all-weather durable surface that is at least five feet wide.

An essential element of the Village Overlay District development application is a written description and plan for the disposition of ownership, and maintenance of open space. Such description and plan shall be provided in accordance with Article III of this chapter.

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

Where possible, the design of streets, alleys and sidewalks shall provide for through traffic and pedestrian movements, and shall interconnect with existing nearby streets, alleys, and sidewalks. The use of cul-de-sac streets and alleys is forbidden, unless accompanied by plans of future adjacent street connections;

All public streets that connect with existing arterial or collector roads (as depicted on the Official Zoning Map) provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum center line turning radius of 150 feet. All other roads shall be designed with a minimum center-line turning radius of 80 feet. All intersections of driveways, joint-use driveways, access drives, and/or streets shall provide a clear sight triangle in accordance with Article III of this chapter;

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

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

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

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

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

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

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

Except as provided in Subsection N(2) and (3), any change proposed within a previously approved Village Overlay District will require the obtainment of a conditional use according to the procedures and standards listed in Article VII of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of this chapter, as well as any conditions of approval attached to the original approval.

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

The following accessory uses may be established by conditional use, subsequent to approval of a Village Overlay District development, subject to their respective specific criteria and the rules and procedures of Articles IV and VI of this chapter:

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

Maximum area requirements. Applications for residential use in this overlay district shall be limited to lots no larger than 2.5 acres. The maximum lot area 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 a soil survey; or is generally unsuitable for agricultural purposes, or, where an applicant desires to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this section upon such existing dwelling, rather than on a proposed dwelling located on the remainder of the parent tract. Larger lot areas shall be permitted in order to allow for the siting of on-lot sewage disposal systems and allow for dilution of nitrates as demonstrated in a hydrogeological study as prepared in accordance with PA DEP requirements.

Minimum lot area. The minimum lot area shall be two acres.