Hopewell Township York County
City Zoning Code
City Zoning Code
PART 3
GENERAL PROVISIONS
§ 27-301 Accessory Uses and Structures.
[Ord. 1974-3, 6/20/1974 as amended by Ord. 2/3/1977, § VII; by Ord. 6/1/1978, § II; by Ord. 6/--/1985, § I; by Ord. 7/5/1990A; by Ord. 1995-7, 9/7/1995, §§ 18 — 21; by Ord. 1996-6, 7/3/1996, § 18; by Ord. 1997-13, 10/2/1997, § 4; by Ord. 2000-9, 11/9/2000, § 8; by Ord. 2001-7, 9/6/2001, §§ 2 and 3; by Ord. 2003-3, 5/1/2003, § 5; by Ord. 2003-9, 11/6/2003, §§ 2 — 5; and by Ord. 2004-10, 9/2/2004, § 3]
1.
Attached Structures. A permanent-roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
2.
Non-attached Structures. A permanent-roofed accessory structure, standing apart from the principal structure, is permitted in rear or side yards. For all other requirements, a nonattached structure is considered a part of the principal building.
3.
A.
Fences and Walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than three feet in a front yard area and more than six feet in any other yard area in a residential zone or upon any lot used for residential purposes in any other zone. For all other uses in all C and I zones no fence may exceed six feet in height in any yard area.
B.
Notwithstanding the provisions of this section, fences in a front yard shall be permitted in the street right-of-way so long as they meet the following criteria:
(1)
They are placed at least three feet from the edge of the curb, or, if there are sidewalks, at least two feet from the inner edge of the sidewalk. If there are no curbs or sidewalks, then they shall be placed at least six feet from the edge of the cartway.
(2)
The Zoning Officer has determined that no sight distances, including sight distances from driveways and/or intersections, will be negatively impacted by any such fence. In evaluating the detriment of such a fence, the Zoning Officer shall take into account the nature and type of the fence, such as a privacy fence, chain link fence, or wire strand fence used in farming, and the impact on the type of fence on sight distance issues.
(3)
The height requirements for fences as established in this section are met.
(4)
The applicant signs a statement acknowledging his or her awareness that, within 10 days of notification by the Township or a utility, the applicant will have to relocate the fence in the event that the Township or any such utility requires such removal to exercise its rights pursuant to any established right-of-way.
C.
On corner lots, notwithstanding the provisions of § 27-401, Subsection 3, all fences in what would otherwise be the side and rear yards of the lot as defined in § 27-103, Subsection 2, of this chapter, but which abut a street, shall comply with the requirements of Subsection 3B; except that the height of those fences can be the same as fences in side and rear yards.
D.
Except as modified in Subsection 3B and C of this section, fences in side and rear yards may be placed up to the property line.
(1)
The applicant for a fence permit shall be responsible for locating and identifying all property lines along which fences are to be placed, and the Township's Zoning Officer shall be entitled to rely on such representation by the applicant. The issuance of a permit by the Zoning Officer or other Township official is not, and shall not be construed to be, a certification of the accuracy of the location of such lot lines as identified by the applicant, and the applicant shall bear the entire responsibility for such location. The Zoning Officer shall have the right, but not the obligation, to require the applicant to provide proof of the location and accuracy of any such lot lines.
4.
Domiciliary Care Unit. This shall be permitted as accessory to use as a single-family dwelling or to use as a multi-family dwelling subject to the limitations which are applicable in this chapter with respect to the location of single-family dwellings and multi-family dwellings.
5.
Home Occupation; No-Impact Home-Based Business. Home occupations shall be conducted in accordance with the following requirements:
A.
A no-impact home-based business shall be permitted in all zones as an accessory use secondary to the use of a property as a residential dwelling, upon receipt of a use certificate to be issued by the Zoning Officer, so long as all of the following criteria are met:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage disposal, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
B.
A home occupation shall be permitted in all zones as an accessory use secondary to the use of a property as a residential dwelling upon receipt of a use certificate to be issued by the Zoning Officer provided:
(2)
The home occupation shall be carried on only by a member of the immediate family of the operator residing on the lot where the home occupation will be located and a maximum of one non-resident employee.
(3)
The character or external appearance of the dwelling unit or accessory structure shall be that of a dwelling or structure normally accessory to a dwelling. No display of products may be shown so as to be visible from outside the dwelling or the accessory structure. A name plate not larger than six square feet in area shall be permitted. It must be illuminated only by indirect lighting.
(4)
Not more than 25% of the habitable floor area of a dwelling unit will be devoted to a home occupation.
(5)
The use will not involve the sale of any item not made on the premises except as incidental to the home occupation. Beauty shops, insurance agent offices, physician offices, bake shops, handcraft shops, are examples of the type of uses which normally will meet this requirement.
(6)
The use will not involve any dimensional alteration to any existing building, use of any building constructed or placed after January 1, 1985, or construction or placement of any new building.
(7)
The use will not involve any outside storage.
(8)
The use will not be one which tends to create dust, heat, glare, smoke, vibration or odors outside the building in which the use is being conducted, or noise audible outside the building in which the use is being conducted. Motor vehicle repair facility is a use which tends to create noise audible outside the building in which the use is being conducted.
C.
The applicant for a use certificate for a no impact home based business or for a home occupation shall include with the application for a use certificate such drawings as will enable the Zoning Officer to have an adequate record of the location and extent of the proposed use. The applicant shall also supply to the Zoning Officer such information as will enable the Zoning Officer to insure that all of the above enumerated requirements for a no-impact home based business or for a home occupation are met. The use certificate once issued shall continue in effect as long as there is no change in the nature or extent of the use and all of the requirements of Subsection 5A and/or B continue to be met. Copies of these requirements will be attached to the use certificate.
D.
In the event the proposed home occupation does not meet all of the requirements of Subsection 5B, then the use shall only be permitted following application and approval as a special exception by the Zoning Hearing Board. In such case, that use will be designated as a home occupation, and shall, in addition to the standards in § 27-504, Subsection 6, meet the following criteria:
(2)
If a new building is to be constructed or placed, an existing accessory building is to be enlarged, or a building constructed or placed after January 1, 1985 is to be utilized to accommodate the proposed use, the building after enlargement or construction shall not have a ground floor area in excess of 50% of the ground floor area of the dwelling unit unless the building is at least 500 feet from any neighboring residence.
(3)
The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or structure normally accessory to a dwelling.
(4)
There will be no outdoor storage of the following:
(a)
Automobiles, buses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 23 of the Pennsylvania Motor Vehicle Code, but which are not so registered, or which do not display a currently valid inspection sticker issued pursuant to Chapter 47 of the Pennsylvania Motor Vehicle Code.
(b)
Discarded motor vehicle parts or accessories.
(c)
Other trash or junk as defined in this chapter.
(5)
The use will not involve noise audible to neighboring residents between 6:00 p.m. and 7:00 a.m. The Zoning Hearing Board may require as a condition to any special exception that the applicant put in noise insulation and take other action so as to minimize audible noise during the period between 7:00 a.m. and 6:00 p.m. If the Zoning Hearing Board determines that the use will involve unreasonable noise, which cannot satisfactorily be reduced by insulation or other action by the applicant, the application shall be denied.
E.
Nothing in this section is intended to, nor shall be construed to, supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw, or other document applicable to a common interest ownership community.
6.
Family Day Care Home. Family day care homes shall be conducted in accordance with the following requirements:
A.
This shall be permitted as accessory to use as a single-family dwelling or to use as a multi-family dwelling subject to the limitations which are applicable in this chapter with respect to the location of single-family dwellings and multi-family dwellings, provided the family day care home provides supervised care to no more than six children at any one time for remuneration with such maximum number six being reduced by one for each family member under the age of six not attending elementary school, kindergarten, nursery school, a family day care home or a child day care center outside of the "family day care home" on a full-day basis. Full day shall be interpreted to mean at least six hours.
B.
If the family day care home would meet the requirements of Subsection 6A hereof excepting that it is proposed that care be provided for more children than permitted by the provisions of Subsection 6A herein, the same may be permitted as a special exception by the Zoning Hearing Board providing the following additional requirements are met:
(1)
There must not be more than 12 children at any one time receiving care with such maximum number 12 being reduced by one for each family member under the age of six not attending elementary school, kindergarten, nursery school, a family day care home or child day care center outside of the family day care home on a full-day basis.
(2)
A resident of the family day care home must operate the facility at all times and when there are more than six children at the facility, a minimum of two caregivers must be present.
(3)
The facility must obtain a certificate license or approval from the Pennsylvania Department of Public Welfare or other state agency having jurisdiction over the supervision of day care facilities and shall provide a copy of such certificate to the Township.
(4)
There must be an outdoor play area which must be fenced sufficiently to preclude child from escaping the intended play area. The outdoor play area shall be the size required by state regulations, but in no event shall it be less than 780 square feet in size.
(5)
There must be one parking space for each employee of the family day care home and an off-street area where children can be dropped off and picked up.
(6)
The dwelling must retain the appearance of a residential dwelling and day care operations must be conducted so as to be clearly incidental and accessory to the primary use of the property as a residential dwelling.
§ 27-302 Outdoor Signs.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 12/2/1993, §§ 4 and 5; by Ord. 1995-7, 9/7/1995, §§ 22 and 23; by Ord. 1997-13, 10/2/1997, § 2; by Ord. 1998-1, 3/5/1998, §§ 1 — 3; by Ord. 2003-9, 11/6/2003, § 6; by Ord. 2004-2, 5/6/2004, §§ 3 — 8; and by Ord. 2007-2, 4/5/2007, §§ 1, 2]
1.
General Regulations Applying to All Signs.
A.
Existing Signs. Any sign which lawfully existed and was maintained at the effective date of this Ordinance may be continued, provided such sign is constructed of durable materials and is kept in good condition and repair.
B.
Determination of Size.
(1)
The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs, the space between such letters, figures and designs shall be included. When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of which such sign consists shall be considered the area of said sign.
(2)
Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal size. Structural members and supports required by building codes and not bearing advertising matter shall be excluded from the sign area.
(3)
The part of a canopy, which does not contain any advertising or promotional material, shall not be included in the area of the sign.
C.
Location/Projection of Signs.
(1)
Signs must be located so that they do not interfere with any clear sight triangle as defined by this chapter.
(2)
For all uses, an advertising sign and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of a Residential Zone.
(3)
No sign may project over a public sidewalk area or over a public highway or street unless specifically authorized by other Township or state regulations.
(4)
No sign shall project more than 35 feet above the ground except for an attached sign, which may project 10 feet above the roof of the building.
D.
Illumination of Signs.
(1)
Flashing, rotating, and intermittent lights are not permitted.
(2)
Signs permitted in the Residential Zones shall be illuminated only by indirect lighting and shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m.
(3)
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any residence within 100 feet or so it does not obstruct the vision of motorists.
(4)
Signs which are illuminated in the colors red, green, or amber, either by colored bulbs or tubing, or in high reflection by the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center of any street intersection.
E.
Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign board and the regulations pertaining thereto shall apply.
F.
Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature. Such signs shall be permitted in addition to any of the specific sign types designated on the charts to follow.
G.
Buntings and Pennants. Buntings, pennants and similar objects are permitted only in Commercial and Industrial Zones to announce the opening of a new business or industry, or in connection with a civic event, and must be removed after 30 days.
H.
Construction and Maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
I.
Termination of Enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to the enterprise must be removed.
J.
Signs not provided for herein shall be permitted only by special exception and shall be in general conformance with the regulations for the zoning district in which a sign is proposed to be located.
2.
Permitted Permanent Signs. Only the types of permanent signs listed on Chart 27-302-A, which follows, shall be permitted throughout the Township. Permanent signs must conform to the standards set forth in Chart 27-302-A, as well as satisfy the general regulations of Subsection 1. Use certificates (Please see § 27-601, Subsection 2) shall be required for all permanent signs. For existing nonconforming uses the sign regulations shall be the same as if the nonconforming use was conforming.
3.
Permitted Temporary Signs. Only the types of temporary signs listed on Chart 27-302-B, which follows, are permitted throughout the Township. Temporary signs must conform to the standards set forth in Chart 27-302-B, as well as satisfy the general regulations of Subsection 1.
4.
Advertising Signs. A sign whose major purpose is for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
Advertising signs shall be permitted in the Industrial and Commercial Zones subject to the provisions of Subsection 1 and the following criteria: |
A.
Only one advertising sign per lot shall be permitted.
B.
No advertising sign shall exceed an overall size of 75 square feet for an industrial use or 150 square feet for a commercial use, nor exceed 35 feet in height, except that, on any property in the Commercial and Industrial Zones which abuts Interstate Route 83, shall be permitted an advertising sign whose placement shall be such that its primary purpose and function is viewing from Interstate Route 83, which shall not exceed 672 square feet, nor exceed 35 feet in height above road grade.
C.
No advertising sign shall be located within 300 feet of another advertising sign, except that signs permitted pursuant to Subsection 4B along Interstate Route 83 shall not be located within 500 feet of another advertising sign.
D.
All advertising signs shall be a minimum of 50 feet from all side and rear property lines.
E.
All advertising signs shall be set back a minimum of 25 feet from any street right-of-way line.
F.
No advertising sign shall obstruct the vision of motorists or adjoining commercial or industrial uses which depend upon visibility for identification.
5.
Portable Signs. Portable signs shall be permitted in the Commercial and Industrial Zones subject to the provisions of Subsection 1 and the following criteria:
A.
No flashing lights are permitted.
B.
Only one portable sign shall be permitted per street frontage with a minimum setback from the street right-of-way of 10 feet or the building face.
C.
The placement of the sign shall not be located on the lot for more than 30 consecutive days per event. In addition, the placement of the sign may not exceed two events per year.
D.
The maximum height allowed shall be 10 feet and the maximum projection from any building shall be 12 inches, but not beyond the building setback line.
E.
Removal shall occur within 15 days after the event.
F.
The maximum size permitted shall be 32 square feet; such area shall not be included in the computation of maximum surface area for any other type of permitted sign.
G.
The placement of such sign shall not interfere with traffic or with sight distance at street intersections and accesses to the public right-of-way.
§ 27-303 Storage.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/2/1980, § IV; by Ord. 10/5/1989, § IV; by Ord. 2001-4, 5/3/2001, § 6; by Ord. 2001-7, 9/6/2001, §§ 2 and 3; by Ord. 2003-9, 11/6/2003, § 7; and by Ord. 2006-4, 5/4/2006, §§ 4, 5]
1.
Permitted Storage. Storage is permitted as a principal use in the Commercial Zone and is permitted as an accessory use in all zones, provided that no part of the street right-of-way, no sidewalks or other area intended or designed for pedestrian use, no required parking area and no part of the front yard shall be occupied by outdoor storage or display. The permitted storage of items as an accessory use must involve the storage of items used on the lot or tract where stored in connection with a principal permitted use of such lot or tract of land. See Subsection 6 for provisions relating to portable storage units and roll off dumpsters.
2.
Trailers and Trucks. In a Residential Zone, recreational trailers and trucks over one ton shall not be stored for a period in excess of three days in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot.
3.
Outdoor Stockpiling. Except in the Commercial and Industrial Zones, no outdoor storage or stockpiling of any material is permitted in the front yard area.
4.
Outdoor Storage. The following items may not be stored out of doors in any zone excepting in an approved "junkyard" in the Industrial Zone.
A.
Automobiles, busses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 13 of the Pennsylvania Motor Vehicle Code but not (1) displaying a currently valid registration or (2) displaying a currently valid certificate of inspection and approval issued pursuant to Chapter 47 of the Pennsylvania Motor Vehicle Code.
B.
Tire stockpiles.
C.
Motor vehicle parts, appliances, appliance parts, pieces of iron, steel cans or other such material.
D.
Junk as defined in this chapter.
5.
Mini-storage Facility. The following regulations shall apply to mini-storage facilities:
A.
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be no more than 24 feet wide. Additionally, there shall be one off-street parking space for each 250 square feet, or any part thereof, of office space and two additional spaces if resident manager quarters are provided.
B.
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately-owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned or used land and adjoining roads, and is located behind the minimum front setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperable vehicles. All motor vehicles as defined by the Pennsylvania Motor Vehicle Code which are stored in the external storage area shall have current registration and inspection stickers.
C.
Except for Subsection 5B, above, all storage shall be kept within an enclosed building, except the storage of flammable, highly combustible, explosive or hazardous chemicals, including, but not limited to, gasoline, diesel fuel, paint, paint remover, and other flammable materials, ammunitions shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuel shall be stored only in an external area as described above.
D.
The repair, construction or reconstruction of any boat, engine, motor vehicle or furniture, or the use of the unit as a workshop is prohibited.
E.
Mini-storage units shall be used solely for the dead storage of property. The following are examples of uses which are expressly prohibited upon the site:
(1)
Auctions, commercial, wholesale or retail sales including garage sales. This subsection shall not prohibit the owner or operator of the mini-storage facility from conducting or having conducted auctions for the sole purpose of selling property abandoned by lessees or recovered by the owner or operator from a lessee through legal process, or as the result of the death of a lessee.
(2)
The servicing, repair or fabrication of any item.
(3)
The operation of power tools or spray painting equipment.
(4)
The establishment of a transfer business.
(5)
Any use that is in the judgment of the Township Enforcement Officer or the owner of the mini-storage facility noxious because of odors, dust, fumes or vibrations.
F.
The owner or operator of the mini-storage facility shall require contracts from all unit users or lessees setting forth all of the above regulations and prohibitions.
G.
The paving requirements for parking and driving lanes shall be as set out in the Hopewell Township Construction and Materials Specifications For Subdivision and Land Development Manual.
H.
All lighting shall be shielded to direct light onto the use as established and away from adjacent property and street rights-of-way.
J.
The renting of vehicles on the premises shall be prohibited.
K.
No habitation will be permitted except for a resident manager. If resident manager quarters are provided, the owner shall submit to the Township plans for those quarters, and a separate use and occupancy permit shall be required for those quarters.
6.
Portable Storage Unit, Rolloff Dumpsters.
A.
It shall be a violation of this section and chapter for any person, partnership, corporation or any other entity to place or permit the placement of a portable storage unit or a rolloff dumpster on any property which he, she, it or they own, rent, occupy or control, or anyone acting as their agent or on their behalf to place or permit the placement of a portable storage unit or rolloff dumpster, without first obtaining a permit from the Zoning Officer.
B.
There shall be no more than one portable storage unit or rolloff dumpster per lot.
C.
A portable storage unit or rolloff dumpster shall be no larger than eight feet wide, 16 feet long and eight feet high.
E.
Notwithstanding the provisions of Subsection 6D of this section, a portable storage unit or rolloff dumpster shall be permitted during construction, reconstruction, alteration, renovation or demolition of a structure and for an additional three days before commencement and after completion of such activity. No use certificate as required by ordinance, or occupancy permit as required by the Hopewell Township Building Code or any other ordinances of the Township, shall be issued until all portable storage units and rolloff dumpsters have been removed from the premises.
F.
A portable storage unit (but not a rolloff dumpster) may be placed on a lot during an emergency situation when declared by the appropriate federal, state, county or Township agency. In such event, the portable storage unit may be placed on the property without a permit, but a permit shall be obtained within seven days after the placement of the unit. The portable storage unit shall be removed from the lot within seven days after the end of the declaration of emergency.
G.
No portable storage unit or rolloff dumpster shall be placed within the travel portion of any public street. For purposes of this section, the travel portion of the street shall be that portion from the center line of the street to the white marked sideline of the street, or if none, to the edge of the paved portion of the street. The traveled portion of the street shall not include any berms or shoulders. In the event that there is no clear and observable delineation between a berm or shoulder and the travel portion of the street, then the portable storage unit or rolloff dumpster shall be placed at least 10 feet from the center line of the street.
(1)
No portable storage unit or rolloff dumpster shall be placed on or over any curb or sidewalk.
(2)
No portable storage unit or rolloff dumpster shall be placed on any portion of the public street, including a shoulder or a berm, without first obtaining a permit from the Zoning Officer, and without making sufficient provisions to assure that no damage will be caused to the public street, including the berm or shoulder, as a result of the placement of the portable storage unit or rolloff dumpster.
(3)
The Zoning Officer shall permit the placement of a portable storage unit or rolloff dumpster on the berm or shoulder of a public street only if he or she determines, in his or her sole judgment, that all of the following conditions exist:
(a)
A portable storage unit or rolloff dumpster cannot reasonably or safely be placed on the lot off of the public street.
(b)
Placement of the portable storage unit or rolloff dumpster will not impede the safe and uninterrupted flow of vehicular traffic on the public street.
(c)
Placement of the portable storage unit or rolloff dumpster will not cause damage to any portion of the public street, including the berm or shoulder, and/or that sufficient provisions are made to prevent such damage, or the owner or party placing it provides sufficient security to repair any damage caused by it.
H.
Application for a permit shall be made to the Zoning Officer on a form provided by the Township. The Zoning Officer shall determine the most appropriate location for the portable storage unit or rolloff dumpster on the lot, or alternatively, on the public street pursuant to this paragraph.
(1)
The permit shall be posted in plain view on the lot, and shall contain at a minimum the following information:
(a)
The names, addresses and telephone numbers of all owners of the lot.
(b)
The address of the property on which the personal storage unit or rolloff dumpster is to be placed.
(c)
The name, address and telephone number of the company placing the personal storage unit or rolloff dumpster.
(d)
A drawing or diagram showing the authorized location of the portable storage unit or rolloff dumpster.
(e)
The date the permit was issued and the date it expires.
I.
The Zoning Officer is hereby authorized to extend any permit issued pursuant to this section upon written request of the owner of the lot for one additional term equal to the original permit, so long as, at the time of such extension, no violation of this section or this chapter or any other ordinances of the Township, exists.
J.
All portable storage units or rolloff dumpsters shall be removed upon expiration of the permit, without exception.
K.
The Township shall establish fees for permits issued pursuant to this section from time to time by resolution.
L.
Notwithstanding the provisions of this section, if the Commonwealth of Pennsylvania at any time has or places restrictions on state roads or highways over which it has jurisdiction which are more restrictive than the requirements of this section, then the more restrictive regulations shall apply. Further, notwithstanding the issuance of a permit pursuant to this section, if the Commonwealth of Pennsylvania notifies an owner of a lot that the owner is in violation of state standards, then such notification shall take precedence over and supersede any permits issued by the Zoning Officer, and such permits shall be considered automatically rescinded and void in the event of such notification.
M.
In addition to the remedies for violations set forth in this chapter, the Township shall have the right to pursue any and all other remedies available to it either at law or in equity. Further, in addition to the provisions of violations and penalties in this chapter, in the event that the Township determines that any violation of this section creates an obstruction or nuisance to the public streets, or otherwise affects the health, safety or welfare of the traveling or general public, the Township may take such actions as are authorized by the Second Class Township Code and the General Road Law, including the immediate removal of any obstructions or nuisances at the expense of the owners of the lot.
§ 27-304 Sale of Agricultural Products.
§ 27-305 Parking.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 12/2/1993, § 7; and by Ord. 1995-7, 9/7/1995, §§ 24 and 25]
1.
Size of Parking Space. Each parking space must have an area of not less than 200 square feet, exclusive of passageways, and driveways must average 300 square feet per required parking space.
2.
Spaces Required. Off-street parking spaces must be provided for each building erected or enlarged in accordance with the following schedule:
[Amended by Ord. No. 2-2023, 5/4/2023]
Type of Use | Minimum of One Parking Space for Each |
|---|---|
Residential dwelling | 1/2 dwelling unit (i.e. 2 spaces per dwelling unit) |
Rooming house | Bedroom |
Hotel, motel, tourist home | Guest sleeping room |
Office building | 300 square feet of gross floor area |
Retail store or shop | 200 square feet of gross floor area |
Eating establishments | 80 square feet of gross floor area and ground area (excluding parking) devoted to patron use on the property or 3 seats whichever requirement is greater |
Bowling alley | 1/4 lane (i.e. 4 spaces per lane) |
Other recreational establishments | 100 square feet of gross floor area |
Automobile repair, gasoline station | 400 square feet of gross floor area and ground area devoted to repair and service facilities. |
Other commercial buildings | 400 square feet of gross floor area |
Hospital, sanitarium | 1/2 bed (i.e. 2 spaces per bed) |
Auditorium, church, theater & other such places of public assembly | 4 seats |
Industrial & heavy commercial establishments | 1 1/2 employees on major shift but at least 1 space for each 5,000 square feet of gross floor area |
Funeral Home | 100 square feet of gross floor area |
Clubs, lodges and other similar places | 100 square feet of gross floor area |
Farm markets | 400 square feet of gross floor area, but a minimum of 5 spaces, whichever is greater |
Small school | 200 square feet of gross floor area |
3.
Location. The parking area must be on the same or nearby premises. If on nearby premises:
A.
The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use and 300 feet in the case of an industrial use.
B.
The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
5.
Parking Area Adjacent to Street. For multi-family and non-residential uses where a parking area or other area open to movement of vehicles abuts the right-of-way line of a public street, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Township must line the public right-of-way except at access points so that parked vehicles will not extend into the street right-of-way.
6.
Paving. For commercial, industrial and multi-family residential uses, all required parking areas and all access drives shall be paved with concrete or bituminous paving material.
§ 27-306 Loading.
[Ord. 1974-3, 6/20/1974]
1.
Size; Surfacing. The loading space must be not less than 12 feet wide and 50 feet long. It must be surfaced with a concrete or bituminous material.
2.
Space Required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use | Number of Loading Spaces | |
|---|---|---|
Manufacturing, storage, display or sale of goods, hospitals and sanitaria | 1 space for a gross floor area of 5,000 to 25,000 square feet and 1 additional space for each 10,000 square feet of gross floor area in excess of 25,000 square feet. | |
Office, hotels, theaters or similar uses | 1 space for a gross floor area of from 20,000 to 100,000 square feet and 1 additional space for each 40,000 square feet of gross floor area in excess of 100,000 square feet. |
3.
Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area.
§ 27-307 Driveways.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 1998-3, 6/4/1998, § 1; and by Ord. 2001-7, 9/6/2001, § 3]
1.
Width. Within 10 feet of the street right-of-way line, access driveways may not exceed 35 feet in width.
2.
Number. The number of driveways may not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage of unusual length exists.
4.
Sight Distance, Slope; Cuts. A driveway must be located in safe relationship to sight distance and barriers to vision. The drive may not exceed a slope of 5% within 25 feet of the street right-of-way line. Where a drive enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the street.
5.
Construction and Materials Specifications. The standards set forth in this section are in addition to those set forth in the Construction and Materials Specifications For Subdivision and Land Development Manual adopted by the Board of Supervisors by resolution, as amended from time to time by the Board of Supervisors by resolution, which manual is hereby authorized. To the extent that the standards in this section are or become inconsistent with the manual, the standards in the manual shall control. To the extent that there is no inconsistency, both the standards in this section and in the manual shall apply.
§ 27-308 Screens and Buffer.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2000-2, 4/6/2000, § 5; and by Ord. 2001-7, 9/6/2001, § 3]
1.
Where a Commercial or Industrial Zone abuts a Residential Zone except for street or alley frontage:
A.
A fence or hedge acceptable to the Township is required to be erected in the Commercial or Industrial Zone to screen from view (in the Residential Zone) any commercial or manufacturing uses.
B.
The space along the side lot line in the Commercial or Industrial Zone abutting a Residential Zone for 50 feet in depth may not be used for commercial or manufacturing operations. This area must be suitably landscaped and maintained.
C.
Notwithstanding the requirements of Subsection 1B, upon request by the owner or developer of a tract in a Commercial or Industrial Zone abutting a Residential Zone, or upon motion of the Board of Supervisors, the Board of Supervisors may require or permit the owner or developer to substitute a properly designed and planted earthen berm, which design and planting criteria shall be as set forth in the then-current Construction and Materials Specifications for Subdivision and Land Development Manual adopted by the Board of Supervisors. In the event that the Supervisors approve such berm, the buffer zone otherwise required in Subsection 1B shall be reduced from 50 feet to 30 feet. Such discretion shall be in the nature of a conditional accessory use, and shall be within the sole province and discretion of the Board of Supervisors, and shall not be within the jurisdiction of the Zoning Hearing Board.
§ 27-309 Illumination.
[Ord. 1974-3, 6/20/1974]
Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties.
§ 27-310 Demolition.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2001-7, 9/6/2001, § 3]
Demolition of any structure must be completed within nine months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is complete as aforesaid. All evidence of the structure, which was demolished, must be removed from the exterior surfaces of the remaining building.
§ 27-311 Drainage.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 6/--/1985, § XIV; and by Ord. 1998-3, 6/4/1998, § 2]
1.
Adequate Drainage Required. No principal building may be erected, structurally altered or relocated on land which is not adequately drained at all times.
2.
Building Restricted Adjacent to Drainage Channels and Watercourses. No building which is permanently attached to the ground may be erected, structurally altered or relocated on land which is subject to flooding as defined by the fifty-year floodplain or as delineated by soils subject to flooding as specified in Table 6, Engineering Interpretations, York County Soil Survey prepared by United States Department of Agriculture, Soil Conservation Service.
3.
Drainage Upon Streets. In order to prevent improper surface water drainage upon streets, each building erected, structurally altered or relocated, and its driveways, must be at a grade in satisfactory relationship:
4.
Drainage Upon Adjoining Properties; Slopes. In order to protect adjoining property owners, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land may be made which would:
A.
Result in a slope of more than 10% within 20 feet of a property line.
B.
Alter the existing drainage or topography in any way so as to adversely affect adjoining properties.
In no case may any slope exceed the normal angle of slippage of the material involved. All slopes must be protected against erosion. |
5.
Obstruction to Drainage Prohibited. The damming, filling or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Township.
6.
Construction and Materials Specifications. The standards set forth in this section are in addition to those set forth in the Construction and Materials Specifications For Subdivision and Land Development Manual adopted by the Board of Supervisors by resolution, as amended from time to time by the Board of Supervisors by resolution, which manual is hereby authorized. To the extent that the standards in this section are or become inconsistent with the manual, the standards in the manual shall control. To the extent that there is no inconsistency, both the standards in this section and in the manual shall apply.
§ 27-312 Minimum Habitable Floor Area.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2001-7, 9/6/2001, § 3]
§ 27-313 Outdoor Swimming Pool Requirements.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 1995-7, 9/7/1995, § 26; and by Ord. 2000-9, 11/9/2000, § 9]
1.
Every outdoor swimming pool must conform to all applicable requirements of state law and in addition must be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension, and if a picket fence is erected or maintained, the horizontal or vertical dimension of space of openings or between pickets shall not exceed four inches. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Farm ponds shall be excluded from the requirements of this section.
2.
The walls of an above-ground pool may be considered as fences or walls for purposes of this section, provided they, either alone or as supplemented, are four feet in height, and the pool has a removable, or lockable folding ladder, which must either be removed or locked at all times when not in use. The four-foot height requirement of this section shall be measured from the finished grade, and the grade shall not increase for an additional four feet beyond the perimeter of the fence in any direction.
3.
All swimming pools must be located in the existing side yard or rear yard area as defined in relation to the principal building.
§ 27-314 Yard Regulations.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/4/1984, § XII; by Ord. 1995-7, 9/7/1995, §§ 27 — 29; by Ord. 2001-7, 9/6/2001, §§ 2 and 3; and by Ord. 2007-2, 4/5/2007, § 3]
1.
Expansion of Existing Buildings. Expansion of buildings existing as of September 1, 1984 shall be permitted without regard to the yard requirements set forth in this chapter provided such expansion does not project further into the required yard area than does the building before expansion.
2.
New Principal Buildings or Structures. New principal buildings or structures may be located in the minimum required front setback area only if:
A.
The alignment of one or more of the existing principal buildings on each side of the lot proposed as the location for a new principal building or structure and within a distance of 200 feet of the proposed building or structure and fronting on the same side of the same road or street is more proximate to the center of the road or street than the required minimum setback line.
B.
The proposed building or structure will be located so that it is in alignment with the principal buildings on each side of the lot within a distance of 200 feet of the proposed building or structure and fronting on the same side of the same road or street as the proposed building or structure.
C.
The resulting front setback is not less than 35 feet from the center line of the road or street, or at least five feet from the edge of the public road or street right-of-way, whichever is greater.
3.
New Accessory Buildings.
A.
New accessory buildings may be located within the minimum front yard areas only if:
(1)
There is on the property proposed as the location for the accessory building another building within the required front yard area.
(2)
Such building was in existence on September 1, 1984.
(3)
The proposed accessory building will not project further into the required front yard area than the other building existing on September 1, 1984.
B.
New accessory buildings may be located in the existing front yard area as defined in relation to the principal building only if:
(1)
The provisions of Subsection 3A, above, are applicable to permit the accessory building to be located within the minimum front yard area.
(2)
The proposed accessory building will be located in the Agricultural District or Conservation District.
(4)
Exclusions.
(a)
In all districts, the setback regulations do not apply to:
1)
School bus shelters and cornices, chimneys, steps, canopies and similar extensions, including uncovered porches or patios.
2)
Open fireproof fire escapes.
3)
Eaves.
4)
Hedges, fences or walls less than six feet in height above the natural grade except that on a corner lot in any Residential District, no fence, wall, hedge or other structure or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.
5)
General. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
§ 27-315 Floodplain Regulations.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 6/--/1985, § II; by Ord. 2001-7, 9/6/2001, § 2; and by Ord. 2009-4, 8/6/2009, § 2]
1.
In addition to the provisions of this Zoning Ordinance, all portions of properties in the Township which are located in a floodplain area as identified in the Federal Emergency Management Agency (FEMA) 2009 Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs), or as defined in the Hopewell Township Floodplain Management Ordinance of 2009 or its successors, shall also be subject to and regulated by the provisions of the Hopewell Township Floodplain Management Ordinance of 2009 or its successors.
2.
To the extent the Township's Floodplain Management Ordinance of 2009 or its successors is more restrictive than, or conflicts with, this Zoning Ordinance, the provisions of the Township's Floodplain Management Ordinance of 2009 or its successors shall apply. To the extent that there is no conflict, or the provisions of this Zoning Ordinance are more restrictive, the provisions of this Zoning Ordinance shall apply.
3.
Activities in the floodplain as identified in FEMA's 2009 Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) are regulated by the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq. (PFPMA), and the Township's Floodplain Management Ordinance of 2009 or its successors. Pursuant to § 204 of the PFPMA, the standards of the National Flood Insurance Program (NFIP) shall be deemed the minimum standards for the management of properties in the floodplain as defined and identified in the FIS, FIRMs, and/or the Township's Floodplain Management Ordinance of 2009 or its successors, and the power of the Board of Supervisors or any other body to grant waivers, variances or other relief from the provisions of the Floodplain Management Ordinance of 2009 or its successors pursuant to this Zoning Ordinance shall be limited to those minimum requirements of the NFIP, as provided in § 204 of the PFPMA, and the Township's Floodplain Management Ordinance of 2009 [Chapter 8] or its successors.
§ 27-316 Environmental Regulations.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/4/1984, § II; by Ord. 11/7/1991, §§ 1 and 2; by Ord. 4/1/1993, § 6; by Ord. 1995-7, 9/7/1995, § 30; by Ord. 2001-7, 9/6/2001, §§ 2 and 3; and by Ord. 2016-1, 1/4/2016]
1.
Performance Standards. In all districts all non-agricultural uses and activities established after the effective date of this chapter shall comply with the following performance standards; all existing non-agricultural uses and activities in compliance with the following performance standards on the effective date of this chapter shall continue in compliance; and all existing non-agricultural uses and activities not in compliance with Subsections 2 through 6 regarding environmental standards shall, within two years following the effective date of this chapter, bring themselves into compliance.
2.
Noise. The sound level of any operation shall not exceed the decibel levels of the preferred frequencies cited below or as a modified or exempted. The sound-pressure level shall be measured with an octave bank analyzer calibrated in the preferred frequencies conforming to the specifications published by the American Standards Association (preferred Frequencies for Acoustical Measurement, SI 6-1960, American Standards Association, New York, New York).
A.
Standards. At no point on the district boundary of or at any point within any district shall the sound pressure level resulting from any operation in any district exceed the maximum permitted sound levels set forth below except as waived in Subsection 2B below.
Center Frequency (Cycles per Second) | Maximum Sound Pressure Level Decibels | ||
|---|---|---|---|
31.5 | 65 | ||
63 | 67 | ||
125 | 66 | ||
250 | 59 | (sound-pressure level in | |
500 | 52 | decibels equals 0 0002 | |
1,000 | 46 | dynes/cm2) | |
2,000 | 37 | ||
4,000 | 26 | ||
8,000 | 17 | ||
3.
Vibration. No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV=6.28 F X D |
Where: | ||
PV=Particle velocity, inches per second | ||
F=Vibration frequency, cycles per second | ||
D=Single amplitude displacement of the vibration inches | ||
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions. |
Maximum Ground Transmitted Vibration | |||
|---|---|---|---|
Particle Velocity (Inches/Second) | |||
Zoning District | Adjacent Lot Line | Residential District | |
Conservation, Agricultural & Residential | 0.05 | 0.02 | |
Commercial & Industrial | 0.10 | 0.02 | |
Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 60 per minute, then the values in this table may be multiplied by 2. |
4.
Heat. No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than 1° F.
5.
Glare. In Commercial and Industrial Zones, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 foot candles when measured in any district other than the Commercial or Industrial Zones.
6.
Air Pollution. A person, partnership, corporation or association may not cause on any land or permit on any land owned by him the emission into the outdoor atmosphere of any malodorous air contaminants or particulate air contaminant from any source in such a manner that the malodors are detectable outside the property of the person on whose land the source is being operated or the particulates fall outside the property of the person on whose land the source is being operated. For purpose of this section, malodor is an odor which causes annoyance or discomfort to the public and which the Township determines to be objectionable to the public.
Smoke. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann chart published by the U.S. Bureau of Mines shall be used. |
7.
Application of Performance Standards.
A.
Any use established or changed to and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the performance standards herein set forth.
B.
If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein set forth shall apply to such extended, enlarged or reconstructed portions of such use, building or other structure.
C.
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1)
Where determinations can be made by the Zoning Officer, or other Township employees using equipment normally available to the Township or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
D.
If the Zoning Officer finds after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of §§ 27-605 and 27-606.
E.
If, in the considered judgement of the Zoning Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed:
(1)
The Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Officer within a time limit set by the Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Officer within the time set constitutes admission of violation of the terms of this chapter.
Except in connection with alleged violations of Subsection 6 of this chapter, the notice shall state that, on request of those to whom it is directed, technical determinations shall be made as to the existence of the alleged violation and if a violation is determined to exist, the cost of such determination shall be charged against those responsible for the violation in addition to other penalties as may be appropriate, but that, if it is determined that no violation exists, the cost of the determination will be paid by the Township. |
(2)
If there is no reply within the time limit set but the alleged violation is corrected to the satisfaction of the Zoning Officer, he shall note "violation corrected" on his copy of the notice and shall retain it among his official records, taking such other action as may be warranted.
(3)
If there is no reply within the time limit set and the violation is not corrected to the satisfaction of the Zoning Officer within the time limit set, he shall take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
(4)
If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Zoning Officer but requesting additional time, the Zoning Officer may grant an extension of time if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health or property.
(5)
If a reply is received within the time set requesting technical determination as provided in this chapter, and if the alleged violation continues, the Zoning Officer may call in properly qualified experts to make the determinations. If such determinations indicate violation of the performance standards, the cost of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of §§ 27-605 and 27-606.
If no violation is found, the cost of the determinations shall be paid by the Township without assessment against the person or persons involved. |
8.
Sewage.
A.
Hereafter no sewage system of any kind shall be erected, constructed, installed, altered or extended within the limits of Hopewell Township except as set forth in § 1 of the Hopewell Township Sewage Permit Ordinance, unless a permit to do so shall first be secured in accordance with the provisions of Chapter 18 of this Code, and unless such erection, construction, installation, alteration or extension is in strict accordance with the application submitted pursuant to the Hopewell Township Sewage Permit Ordinance and with the permit issued pursuant thereto and in accordance with the procedures set forth in such ordinance.
B.
No person, firm, association or corporation shall maintain or use any sewage disposal of any kind so that vectors (insects or rodents capable of carrying disease) may have access to the excrementitious matter contained therein or so that the sewage disposal system directly or indirectly drains or discharges over or upon the surface of the ground or into any waters of the Township. It shall also be unlawful for any person, firm, association or corporation to fail to comply with the requirements as set forth in Chapter 18 of this Code.
C.
All the provisions of the Hopewell Township Sewage Permit Ordinance are incorporated herein by reference. Any violation of any provision of that ordinance shall constitute a violation of this chapter.
§ 27-317 Supplementary Use Operations.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/4/1984, § XIV; by Ord. 10/1/1987, § II and III; by Ord. 12/2/1993, § 8; by Ord. 1995-7, 9/7/1995, § 31; by Ord. 1999-2, 1/4/1999, § 1; by Ord. 2000-9, 11/9/2000, §§ 10-23; by Ord. 2001-7, 9/6/2001, §§ 2 and 3; by Ord. 2004-9, 9/2/2004, § 4; by Ord. 2006-7, 9/7/2006, §§ 3, 6, 7; by Ord. 2010-4, 9/2/2010, § 4; by Ord. 2013-2, 2/7/2013, § 3; by Ord. No. 2-2023, 5/4/2023; by Ord. No. 2-2024, 6/6/2024]
1.
Small Scale Assembly Operations. Small scale assembly operations permitted in the Commercial Zone involve the assembly of materials transported to the site into a finished product using a building containing no more than 9,600 square feet and involving less than 20 employees on the premises at any one time. In addition, there may be no outdoor storage of materials or waste products except in approved containers designed to facilitate waste disposal such as trash cans or dumpsters.
2.
Farm Markets. Farm markets shall be permitted in the identified Zones as an accessory use to a farm or agricultural use only, and shall be subject to the following requirements:
A.
A minimum of 25% of the gross square footage of the sales area of the farm market, including interior building space and exterior display areas, shall be devoted in season to agricultural commodities, as defined herein, produced by growth or labor on the tract of land on which the market is located. For purposes of this section, the tract of land shall be defined as the tract on which the market is located, and all land which is contiguous to that tract and which is held in the same ownership as the tract on which the farm market is located. The principal operator of the farm market shall be limited to a person who lives on, owns or farms the land on which the farm market is located as defined in this subsection, or a parent, sibling or the spouse or lineal descendants of any persons identified in this subsection.
B.
The farm market shall be located within the area of existing farm buildings, if feasible.
C.
For each tract of land as defined in this section, the lesser of 25% of the total acreage of the tract or 10 acres must be devoted to growing or raising the agricultural commodities, or commodities used to produce products, sold in the farm market by the operator of the farm market. Any tract as defined in this section on which a farm market is operated shall consist of a minimum of 10 contiguous acres.
D.
Under circumstances of crop failure due to reasons beyond the control of the owner/operator of the farm market, on the tract of land on which the market exists, the direct agricultural sale shall be permitted without regard to the 25% limitation of production on the land where the market exists, as set forth in Subsection 2A, above. This subsection shall not be dependent upon the entire county or Township being declared a disaster area, but shall be based on a determination of the tract in question, as determined by the Township Zoning Officer, in consultation with at least one member of the Agricultural Review Board of the Township. The initial decision shall be that of the Township Zoning Officer, which decision shall be reviewable pursuant to Parts 5 and 6 of this chapter.
F.
The entire area devoted to the farm market, including the space allocated for display, buildings, and parking, shall be a maximum of 4,000 square feet per acre of the tract as defined in this section, up to a maximum of 150,000 square feet. The maximum size of all buildings devoted to the farm market shall be 400 square feet per acre, up to a maximum of 15,000 square feet. This subsection is separate and distinct from any provisions of any statutes regulating the tax status of agricultural tracts, and is not intended to replace those statutes. It shall be the responsibility of the applicant to determine the tax effect of the farm market on the property of the applicant.
H.
All dimensional and setback requirements of this chapter shall be met.
I.
Promotional Events.
(1)
The owner/operator of a farm market may conduct a temporary event, activity or display the sole purpose of which is to generate interest in or advertisement for the farm market. Multiple events on a single day shall be considered as one day, not one day for each separate event, so long as they occur on the same day.
(2)
In order to conduct promotional events, the owner/operator of a farm market shall obtain a permit from the Township, under the following terms and conditions:
(a)
The permit application shall be made to, and the permit shall be issued by, the Township's Zoning Officer.
(b)
One permit may be issued on an annual basis for all events proposed by the owner/operator of a farm market during the calendar year, up to 20 days.
(c)
The owner/operator of a farm market may apply for additional permits for up to 20 days each up to the maximum of 60 days of promotional events per calendar year.
(d)
Any such additional permits shall be issued by the Zoning Officer upon request of the owner/operator unless the Zoning Officer has received written, signed complaints concerning the operation of previous promotional events by the owner/operator, or unless the Zoning Officer determines that the promotional events applied for cannot in his or her judgment conform to other provisions of this chapter, or other Township ordinances. In the event that the Zoning Officer denies a permit renewal pursuant to this subsection, then any renewal shall be submitted to the Township Board of Supervisors as a conditional use as set forth in § 603(c)(2) of the Pennsylvania Municipalities Planning Code, subject to the following requirements:
1)
A public hearing shall be held, and all the requirements for public hearing and public notice set forth in § 27-502, Subsection 1, shall apply, except that notices shall also be sent to any and all persons who have lodged signed and written complaints with the Zoning Officer objecting to or complaining about the promotional events.
2)
The applicant shall submit the request for such hearing within 20 days of the denial of the additional permit by the Zoning Officer, which application shall be on a form approved by the Township, or if none, by letter from the applicant setting forth the applicant's request for a hearing and brief statement of why the applicant believes he or she is entitled to a permit renewal.
3)
Prior to such hearing, the Township shall submit the request to the Township Planning Commission for its review and comments.
4)
The applicant shall pay the same fee as required by the Township for a special exception application to the Zoning Hearing Board, unless another fee is specifically adopted for conditional uses by the Township.
5)
In the event the applicant is successful in having his or her permit renewed, then the applicant shall receive a refund of 1/2 of the fee paid, unless a different refund policy is adopted by the Township Board of Supervisors by resolution.
7)
If, after hearing all of the testimony and considering all of the evidence, the Board of Supervisors determines to grant the additional permit, then the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
8)
Upon the filing of an application for conditional use by an applicant pursuant to this subsection and within the time required by this subsection, the Zoning Officer shall issue a temporary permit to the applicant to allow the applicant to continue with promotional events pending disposition of this matter by the Board of Supervisors. However, in the event that the Board of Supervisors denies applicant's application for an additional permit for promotional events, then the temporary permit issued by the Zoning Officer pursuant to this subsection shall terminate unless extended by court pursuant to Article X-A and § 1003-A of the MPC.
(e)
In the event that an owner/operator desires to have more than 60 days of promotional events in any calendar year, then the owner/operator shall be required to apply to the Hopewell Township Zoning Hearing Board for a special exception for any additional promotional events beyond the 60 days permitted by this section. The Zoning Hearing Board in ruling on the owner/operator's application shall be governed by the general standards for a special exception as found in § 27-504, Subsection 6, of this chapter, and by the environmental regulations in § 27-316, which shall be applicable only to the farm market promotional event portion of the agricultural operation, consistent with § 27-316, Subsection 1, of this chapter.
(f)
Permits for promotional events shall be effective only for the calendar year in which they were issued, and any promotional events in any subsequent calendar year shall require a new permit and shall be subject to the application procedure set forth in this section.
(g)
In addition to the provisions provided in this subsection, the Zoning Officer shall have the power to deny an initial permit for promotional events applied for in any calendar year if a permit or an additional permit has been denied to the owner/operator in either of the preceding two calendar years. In the event that the Zoning Officer denies such initial permit application, then the same procedures outlined in Subsection 2I(d), above, shall apply.
(3)
The application for such permit shall include the following information:
(a)
The nature and approximate dates of each proposed promotional event.
(b)
Identification of the area of the tract which will be involved in the promotional event.
(c)
An estimate of the expected number of visitors to the promotional event each day of the event. It is recognized and understood that such information is an estimate only.
(d)
Satisfactory evidence that sufficient off-street parking will be provided for each promotional event, which parking for the promotional event may be outside of and exceed the area devoted to the farm market, as set forth in Subsection 2F.
(e)
That adequate traffic and sign controls will be maintained and utilized during the promotional events.
(f)
That adequate restroom facilities will be provided for each promotional event.
(4)
All promotional events shall occur only between the hours of 8:00 a.m. and 11:00 p.m.
(5)
Because of the anticipated general nature of permit requests which are made on an annual basis, at least seven days prior to any actual promotional event, the owner/operator shall notify the Township of the specific dates and hours of each promotional event for which a permit had been previously issued. In the event that promotional events are planned for which a permit has not previously been issued, then at least seven days prior to such additional promotional event, the owner/operator of the farm market shall so notify the Township and update their permit with the Township, providing all of the information required in this section.
(6)
A fee shall be charged for each initial application for promotional events equal to the fee charged and in effect for the issuance of a use and occupancy certificate in the Township. No additional fee shall be charged for additional permit applications authorized by Subsection 2I(2)(c) of this section, but the fee for a special exception before the Zoning Hearing Board pursuant to Subsection 2I(2)(e) of this section shall be accompanied by the same fee as required for any special exception before the Zoning Hearing Board.
(7)
Instructional events or demonstrations involving 50 people or less and related to agricultural use shall be excluded from the definition of promotional events in this Subsection 2I, and shall not be regulated by this chapter.
(8)
The requirements of Subsection 2F of this section (relating to maximum square footage devoted to the farm market use) shall not apply to promotional events. The area devoted to promotional events may exceed and be outside of the area devoted to the farm market, and shall not be limited by the area limitations of Subsection 2F.
(9)
A condition of any permit issued pursuant to this Subsection 2I shall be that parking and exit routes from the property shall be controlled sufficiently to prevent the tracking of mud from the property onto any public streets. Failure to do so shall constitute a violation of the permit conditions. The Township Zoning Officer shall notify the owner/operator of any violation of this condition, and, after a second violation, may result in the revocation of the permit until such time as the owner/operator satisfies the Township Zoning Officer that it has implemented a plan to meet this condition. Prior violations of this condition shall be considered in determining whether to grant a new permit or renew an existing permit for promotional events for the property.
J.
It shall be the responsibility of the farm market owner to maintain such records as are necessary to establish compliance with this section.
3.
Public Wells.
A.
Public wells are specifically excluded from the definitions of public utilities, and public buildings and facilities, as those terms are used in this chapter.
B.
Each public well shall be located on its own separate individually deeded and subdivided lot, and shall be limited to one public well per lot.
C.
Each such lot shall meet all of the requirements of the zone in which it is located.
4.
Agricultural-Related Outdoor Recreational Use. All of the following criteria shall apply to agricultural-related outdoor recreational uses:
5.
Shopping Centers. Shopping Centers in the C Zone shall be subject to all of the requirements of that zone and all other applicable requirements of this chapter in addition to or except as modified as follows:
A.
Lot area: three acres minimum.
B.
Lot width: 300 feet minimum.
C.
All buildings must be set back at least 35 feet from any property line and 50 feet from a street line.
E.
Access must be on an arterial street or collect or street as designated in the Township Comprehensive Plan.
F.
In addition to the parking requirements in § 27-308, a buffer yard 150 feet wide must be provided on the site in all instances where the site adjoins an R or A Zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.
6.
Chickens and Other Fowl; Domestic Livestock.
A.
The keeping chickens and other fowl and domestic livestock use shall be in compliance with the requirements of Chapter 2 [Animals] of the Code of Hopewell Township. In the event that the provisions of Chapter 2 [Animals] are in conflict with the provisions of this Chapter 27 [Zoning], the provisions of Chapter 2 [Animals] shall take precedence.
7.
Small School. Small schools shall be permitted as an accessory use (a primary use within a leased area) in the Agricultural Zone, and shall be subject to the following requirements:
A.
The small school shall have a minimum leasehold of 40,000 square feet and a maximum of 1.5 acres designated for school use.
B.
The small school building shall be a single-story structure and shall not exceed 2,000 square feet, inclusive of covered porches, patios, entryways, and the like.
C.
The small school shall have no more than 40 students enrolled at any given time.
D.
The directors or operator of the small school shall provide to the Township for review and approval a lease between the small school and the property owner.
E.
The owner the property or his designee shall submit to the Township for review and approval a land development plan that complies with the Township Zoning and Subdivision and Land Development Ordinances.
F.
Playground areas shall be set back at least 100 feet from any residential zone.
G.
Parking shall be provided pursuant to § 27-305, except that the parking area need not be paved with concrete or bituminous paving material, as otherwise required by § 27-305, Subsection 6, but must be, and maintained as, mud-free. Parking areas may include covered sheds or other accessory buildings compliant with this chapter.
H.
Nothwithstanding the foregoing, all other dimensional and setback requirements of this chapter shall be met as they apply to the leasehold boundaries.
§ 27-318 Regulations Regarding Dwellings in the Agricultural and Conservation Zones.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 11/5/1981, § II; by Ord. 11/3/1983, §§ XIV, XV, XVI and XVII; by Ord. 1/2/1990B, §§ IV and VI; by Ord. 4/1/1993, § 4; by Ord. 1995-7, 9/7/1995, §§ 40 — 42; by Ord. 1996-4, 4/4/1996, §§ 6 — 11; by Ord. 1997-12, 10/2/1997, §§ 1 — 3; by Ord. 2002-8, 12/9/2002, § 13; by Ord. 2003-3, 5/1/2003, §§ 8 — 14; by Ord. 2004-2, 5/6/2004, § 11; by Ord. 2004-10, 9/2/2004, § 4; by Ord. 2005-7, 10/6/2005, §§ 4 — 12; and by Ord. 2008-6, 6/5/2008, § 1]
1.
Approvals. All applications for approval of a dwelling in the Agricultural or Conservation Zones shall be referred to the Township Planning Commission, and in the discretion of the Board of Supervisors, the Agricultural Review Committee, for recommendation.
2.
Dwelling Units in the Agricultural and Conservation Zone. Number of dwelling units permitted upon each tract of land as it existed on June 20, 1974: There shall be permitted the following number of dwelling units, including those existing on June 20, 1974, whether located on a farm or farms or on a single-family residential unit or otherwise, provided all the requirements and limitations hereinafter set forth are complied with.
A.
Dwelling Units Permitted in the Agricultural Zone.
[Amended by Ord. No. 2-2018, 6/7/2018]
Size of Tract as of June 20, 1974 | Number of Dwelling Units Permitted |
|---|---|
0 to less than 6 acres | 2 |
6 to less than 15 acres | 3 |
15 to less than 30 acres | 4 |
30 to less than 80 acres | 5 |
80 to less than 130 acres | 6 |
130 to less than 180 acres | 7 |
180 to less than 230 acres | 8 |
230 to less than 280 acres | 9 |
280 to less than 330 acres | 10 |
330 to less than 380 acres | 11 |
380 to less than 430 acres | 12 |
430 to less than 480 acres | 13 |
480 to less than 530 acres | 14 |
530 to less than 580 acres | 15 |
580 to less than 630 acres | 16 |
630 to less than 680 acres | 17 |
680 to less than 730 acres | 18 |
730 to less than 780 acres | 19 |
780 to less than 830 acres | 20 |
830 acres and over | 21 |
B.
Dwelling Units Permitted in the Conservation Zone. There shall be permitted in the Conservation Zone, in addition to a dwelling unit existing on the tract or parcel of land on April 4, 1996, one additional dwelling unit for each 25 acres of attract or a portion on thereof, subject to the requirements of Subsection 4.
C.
Other Limitations On The Number Of Dwelling Units Permitted. In the event that the rights of nonagricultural development have been sold or assigned to any entity pursuant to an agricultural easement or other easement program (but not including "Clean and Green"), including county, state or federal agricultural preservation programs, then the tract of land shall:
(1)
Not have any allocation of dwelling unit rights in excess of dwelling units currently existing on the parcel pursuant to Subsection 2A or B, and Subsection 5A, unless the deed creating the easement specifically reserves to the parcel such dwelling rights, or the property owner has entered into an agreement with the Township prior to the granting of such easement allocating dwelling unit rights between the portion of the parcel which will be subject to the easement and the portion which will not be subject to the easement. In no event shall the permitted allocation exceed the number which otherwise would have been permitted by Subsection 2A or B.
3.
Homestead Lots. Notwithstanding the provisions of Subsection 2, homestead lots, as defined in this chapter, shall be permitted in all zones, subject to the following:
A.
A homestead lot shall consist of only the homestead as defined in this chapter and contiguous portions of the tract of land which are land of low quality for agricultural use as defined in Subsection 4B. No portion of the homestead lot may consist of land which is not of low quality for agricultural use as defined, or which is not contiguous to the homestead, except as authorized by Subsection 3F. For purposes of this section, lands which are separated only by a street or road, whether public or private, which would otherwise be contiguous, shall be considered contiguous. Any plan creating a homestead lot shall show the joinder of such tracts separated by streets or roads by the use of a lightning strike or other similar mark, and/or appropriate notation, which clearly indicates that the two portions of the tract are joined together.
B.
Before any plan creating a homestead lot is approved by the Township's Board of Supervisors, the Township's Agricultural Review Committee and the Township's Planning Commission, or such other groups as are designated by the Board of Supervisors, shall review the plan, and, in the case of the Agricultural Review Committee, shall conduct a site view of the property, to determine whether or not the proposed homestead lot is entirely on land of low quality for agricultural use as defined in Subsection 4B, and, if not, what portions are not, and shall report their findings and recommendations to the Board of Supervisors within 45 days after the request is forwarded to them.
C.
Homestead lots shall be bound by all of the requirements of the zone in which the tract is located, except that maximum lot areas, and all provisions relating to maximum lot areas, shall not apply.
D.
Subject to approval by the Board of Supervisors in their sole discretion, the owner of the property creating the homestead lot may separate from the homestead lot outbuildings or accessory structures, so long as those accessory structures either will be accessory to other structures on the residual tract, or meet all of the setback requirements for principal buildings on the residual tract, and the use of those buildings is compatible with the current use of the residual tract or of a permitted use in the zone in which the residual tract is located.
E.
One dwelling unit shall be allocated to the homestead lot, and at lease one additional dwelling unit must be available and allocated to the residual tract. In the Agricultural or Conservation Zones, all additional dwelling units available pursuant to Subsection 2 and all bonus rights, if any, available pursuant to Subsection 5, shall be allocated to the residual tract.
F.
In the event an Owner of a tract seeks to include lands not of low quality for agricultural use as defined Subsection 4B, the owner shall forfeit one dwelling unit right for each one acre, or part of an acre, of the homestead lot which is not land of low quality for agricultural use as defined.
G.
Homestead lots created in the Agricultural and Conservation Zones, once created, cannot be further subdivided under any circumstances or for any purposes.
H.
Each tract existing as of September 7, 2004, shall be entitled to only one homestead lot. Once a homestead lot is created, then no further ones shall be permitted on the residual tract, and the owner shall be responsible for noting the existence of such lot together with the date and other relevant information on any subsequent subdivision or land development plan.
4.
Single-family Residential Units.
A.
Single-family residential units permitted after the date of the enactment of this chapter shall consist in their entirety of land of low quality for agricultural use as defined in Subsection 4B, unless such location is not feasible, in which case the single-family residential unit and the dwelling unit erected thereon together with the driveway providing access thereto, the sewage disposal system, and all accessory structures and uses, shall be located so as to utilize the least agriculturally productive land feasible and to minimize interference with agricultural production. If a new dwelling is to be located on a residual tract which currently is not improved with a dwelling, that dwelling, together with its driveway, sewage disposal system, and accessory structures and uses, must be located on the least agriculturally productive land feasible and so as to minimize interference with agricultural production.
B.
Land shall be considered of low quality for agricultural use if:
(1)
The land is not "prime agricultural land" as defined in this chapter.
(2)
The land cannot feasibly be farmed:
(a)
Due to the existing features of the site such as rock outcroppings, rock too close to the surface to permit plowing, swamps or the fact that the slope of the area exceeds 15%.
(b)
Due to the fact that the size or shape of the area suitable for farming is insufficient to permit efficient use of farm machinery. (For purposes of the application of this subsection, the lot shall be considered as a part of the original parcel).
(3)
The area is heavily wooded, subject to the conditions of Subsection 4H. Heavily wooded land shall be considered of low quality for agricultural use only for the purposes of placement of single- family residential units as regulated in Subsections 1 through 5, and only if the criteria in Subsection 4H have been met. Heavily wooded land shall include all land within a perimeter of trees at least 30 feet in height and with at least 60% of the land within such perimeter being under a canopy of a tree or trees at least 30 feet in height.
C.
The single-family residential unit in the Agricultural Zone shall contain an area of at least 40,000 square feet and shall have a minimum lot width of 200 feet. It shall not contain more than one acre unless:
(1)
The physical characteristics of the land itself require a lot size in excess of one acre in order to accommodate the proposed dwelling, the proposed sewage disposal system, the proposed well, a driveway and a sewage reserve area because much of the lot area is wetland, slopes in excess of 20% or consists of other physical limitations not created by the owner; provided, however, the lot shall be no larger than necessary to accommodate the proposed dwelling, the proposed sewage disposal system, the proposed well, a driveway and sewage reserve area, and if such single-family residential unit exceeds two acres in size, a dwelling right as allocated by Subsection 2A or by Subsection 5A must be forfeited for each acre or part thereof by which the single-family residential unit exceeds two acres in size.
D.
The single-family residential unit in the Conservation Zone shall consist of a minimum of two acres, if on land of low quality for agricultural use as determined pursuant to Subsection 4B. In the event that a single-family residential unit shall be proposed on land other than that considered low quality for agricultural use then the tract on which the dwelling is proposed shall be a minimum one acre and a maximum of two acres. In either event, the minimum lot width shall be 200 feet.
E.
Each dwelling constructed or placed in the Conservation or Agricultural Zones must be on an approved single-family residential unit whether intended for transfer of title or not, and such single-family residential unit must meet all of the requirements of this chapter, the Township Subdivision and Land Development Chapter, and all of the requirements of the Pennsylvania Department of Environmental Protection.
F.
The applicant shall have the burden of proving that the land he seeks to subdivide into single-family residential units meets the criteria set forth in this section.
G.
Any landowner who disagrees with the classification of his farm or any part of it by the Soil Survey of York County, Pennsylvania, Series 1959, No. 23, issued May, 1963, may submit an engineering analysis of the soils on the portion of the farm which he seeks to have reclassified, and if the Board of Township Supervisors finds his study correct, it shall alter the Township Soil Map to reflect the results of such analysis.
H.
Heavily wooded areas of a tract as defined in Subsection 4B(3) shall be approved for the placement of single-family residential units or as additions to single-family residential units in the Agricultural or Conservation Zones only if all of the following criteria are met:
(1)
Such heavily wooded areas shall remain perpetually heavily wooded, and no owner shall remove the woods to the extent that the character of the lot taken as a whole could no longer be reasonably considered to be heavily wooded. Nothing in this subsection will prevent the removal of what ever trees are necessary for improvements on the lot or for construction of those improvements, including, but not limited to, buildings, swimming pools, driveways, on-site septic systems and other such improvements. In no event shall the cleared area exceed 20,000 square feet.
(a)
Notwithstanding the provisions of this Subsection 4H(1), the applicant, or the developer or builder of the improvements on the lot, shall mark all trees, which are to be removed for the purposes of placing improvements on the lot, and such removal of those trees shall be approved by the Township prior to their removal. The applicant, developer or builder shall provide the Township with at least three working days' notice prior to the intended removal of such trees. This subsection is intended to be interpreted in conjunction and consistent with § 22-402, Subsection 3L, of the Hopewell Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
Nothing in this Subsection 4H is intended to prohibit or prevent the land owner from removing dead or dying trees or from, under the direction of a commercial forester, thinning trees or the commercial harvesting of trees so long as no more than 1/4 of the total existing mature trees, which shall be defined as trees with a diameter of six inches or greater measured at a point four feet above the ground, on the lot are removed, and such removal shall be in a pattern and location that would result in a canopy of tree branches and leaves over every area of the lot during the summer. This tree removal limitation is separate and apart from, and does not apply to, the removal of trees for the placement of improvements as set forth in Subsection 4H(1), above.
(3)
By requesting the placement of lots within heavily wooded areas, the applicant understands and agrees that the Township is granting that right in consideration of and in exchange for the applicant's agreement to abide by the conditions of this Subsection 4H.
(4)
The applicant agrees that, in order to ensure compliance with this subsection, the Township's Codes Enforcement Officer, or other person authorized by the township, shall be permitted to enter onto the property during daylight hours, upon 24 hours' prior notice to the applicant or the lot owner; except that, in the event that the Codes Enforcement Officer in the exercise of good faith, believes or has a reason to believe that trees are being removed in violation of this subsection, or § 22-402, Subsection 3L, of the Hopewell Township Subdivision Ordinance [Chapter 22], then the Codes Enforcement Officer may enter the property without prior notice for the purpose of determining compliance or noncompliance with those sections.
(5)
The landowner shall enter into a recordable written agreement with the Township, at or before the final approval of any subdivision plan, incorporating the provisions of this subsection and a notation of such agreement shall be placed on any subdivision plan subdividing lots to permit the placement of such single-family residential units. In addition, if any restrictions or protective covenants are placed on such lots, the provisions of this subsection shall be included in such restrictions or protective covenants.
5.
Additional Single-Family Dwelling Units; Bonus Rights In The Agricultural Zone.
A.
In the Agricultural Zone only, and not in the Conservation Zone, in addition to the dwelling units provided pursuant to Subsection 2A, the following additional single-family dwelling units (also referred to and known as "bonus rights") shall be permitted on each tract of land as it existed on June 20, 1974 based on the following chart:
[Amended by Ord. No. 2-2018, 6/7/2018]
Size of Tract as of June 20, 1974 | Number of Additional Single-Family Residential Units Permitted |
|---|---|
2 to less than 11 acres | 1 |
11 to less than 22 acres | 2 |
22 to less than 55 acres | 3 |
55 to less than 105 acres | 4 |
105 to less than 155 acres | 5 |
155 to less than 205 acres | 6 |
205 to less than 255 acres | 7 |
255 to less than 305 acres | 8 |
305 to less than 355 acres | 9 |
355 to less than 405 acres | 10 |
405 to less than 455 acres | 11 |
455 to less than 505 acres | 12 |
505 to less than 555 acres | 13 |
555 to less than 605 acres | 14 |
605 to less than 655 acres | 15 |
655 to less than 705 acres | 16 |
705 to less than 755 acres | 17 |
755 to less than 805 acres | 18 |
805 to less than 855 acres | 19 |
B.
Such bonus rights shall be permitted only if all dwelling units, including those provided by Subsection 2A and Subsection 5A of this section, are or will be used on lots which consist in their entirety of lands which are of low quality for agricultural use as defined in Subsection 4B. If this condition cannot be met in its entirety, then the tract of land shall be entitled to no bonus rights.
6.
Transfer of Dwelling Rights In The Agricultural and Conservation Zones.
A.
Agricultural Zone.
(1)
Upon request by the owners of a tract of land in the Agricultural Zone, the Board of Supervisors may approve the transfer of the right to erect or construct dwelling units allocated by Subsection 2A to another tract or parcel in the Agricultural Zone, whether or not owned by the same owners, only so long as all of the following conditions are met:
(a)
The conditions on the transfer or tract are such that the transfer or tract is unable to locate the dwelling units proposed for the transfer within the transfer or tract on land of low quality for agricultural use as defined in Subsection 4B. If the transfer or tract has no land physically suited for the placement of dwellings, then no transfer is permitted.
(b)
All of the dwelling units to be transferred shall be utilized on the transferee tract entirely on land which is of low quality for agricultural use as defined in Subsection 4B.
(c)
The transfer or parcel must either contain an existing dwelling or have retained the right for at least one dwelling unit, unless it is being permanently joined to or merged with an adjacent tract or parcel which either contains an existing dwelling, or has at least one available dwelling unit.
(2)
Notwithstanding the provisions of Subsection 6A(1)(b), the Board of Supervisors may authorize the transfer of the right to erect or construct dwelling units from one parcel to another parcel owned by the same owner or owners, provided the requirements of Subsection 6A(1)(a) and (c) are met, and the dwelling units proposed to be located on the transferee parcel cannot feasibly be located consistent with the requirements of Subsection 6A(1)(b), and such dwelling units will be located so that they are contiguous to other residential lots (lots less than 1 1/2 acres in size, improved with a dwelling or approved for the placement of a dwelling).
B.
Conservation Zone.
(1)
Upon request by the owners of a tract of land in the Conservation Zone, the Board of Supervisors may approve the transfer of the right to erect or construct dwelling units allocated by Subsection 2B to another tract or parcel in the Conservation Zone, whether or not owned by the same owners, only so long as all of the following conditions are met:
(a)
The soils on the transfer or tract are such that the transferor tract is unable to locate the dwelling units proposed for the transfer within the transferor tract on land of low quality for agricultural use as defined in Subsection 4B. If the transfer or tract has no land physically suited for the placement of dwellings, then no transfer is permitted.
(b)
All of the dwelling units to be transferred shall be utilized on the transferee tract entirely on land which is of low quality for agricultural use as defined in Subsection 4B.
(c)
All of the dwelling units to be transferred shall be utilized on the transferee tract in such manner that the location of the dwelling, accessory structures, sewage disposal system and driveway will not cause erosion into a stream or off the tract, or damage wetlands.
(d)
The transferor parcel must either contain an existing dwelling or have retained the right for at least one dwelling unit, unless it is being permanently joined to or merged with an adjacent tract or parcel which either contains an existing dwelling, or has at least one available dwelling unit.
(2)
Notwithstanding the provisions of Subsection 6B(1)(b), the Board of Supervisors may authorize the transfer of the right to erect or construct dwelling units from one parcel to another parcel owned by the same owner or owners, provided the requirements of Subsection 6B(1)(a), (c) and (d) are met, and the dwelling units proposed to be located on the transferee parcel cannot feasibly be located consistent with the requirements of Subsection 6B(1)(b), and such dwelling units will be located so that they are contiguous to other residential lots (lots less than 1 1/2 acres in size, improved with a dwelling or approved for the placement of a dwelling).
C.
In the event that the rights of nonagricultural development have been sold or assigned to any entity pursuant to an agricultural easement or other easement program (but not including "Clean and Green"), including county, state or federal agricultural preservation programs, then Subsection 2C shall apply.
E.
Before any transfer is approved by the Board of Supervisors, all title owners, whether equitable or legal, of both the transferor tract and the transferee tract must enter into a recordable agreement with the Township in a form approved by the Township Solicitor evidencing the transfer of dwelling rights, and identifying the number of dwelling rights which remain with the transfer or tract. Alternatively, at the discretion of the Board of Supervisors, the owners of the transferor tract can have an approved and recorded subdivision plan for the transferor tract which clearly states that dwelling rights have been transferred to the transferee parcel, and which will show the number of dwelling rights which have been transferred, and the number of dwelling rights which will remain with the transfer or parcel. If no dwelling rights are retained by the transfer or parcel, then the subdivision plan shall clearly identify the location of an existing dwelling on the transferor tract.