Lower Paxton Township, PA Zoning Ordinance

Lot area. Wetlands (as officially defined under federal and/or state regulations) shall not count towards more than 50% of the required minimum lot area. The Township may require an applicant to prove that a lot will contain sufficient contiguous buildable land area that is outside of wetlands. This § 203-402A shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.

Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional. The Township may require that the qualifications and any certifications of the person conducting the wetland delineation be provided in writing to the Township. The Township may require that a statement be provided on the plan that is signed by the wetlands delineator stating that the wetlands are accurately shown according to a standard government wetlands manual or that wetlands are not present.

Wetland setbacks. A minimum setback of 25 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any "wetland."

Land disturbance shall not occur within 50 feet of the wetlands boundary.

Wetlands shall not be altered, regraded, filled, piped, diverted, or built upon except where commonwealth and federal permits have been obtained.

Septic drainfields and sewage disposal systems shall not be located within 100 feet of the wetlands boundary. The replacement of an existing sewage disposal system located within this setback line shall comply with the setbacks set forth herein.

The application of biosolids shall not occur within the wetlands or within 100 feet of the wetlands boundary.

Steep slopes.

Purpose. The following provisions are primarily intended to avoid erosion, sedimentation, stormwater management and winter driving hazards, particularly considering the Township's climate, in addition to serving the overall purposes of this chapter.

Regarding. Non-man-made slopes of 15% or more shall not be disturbed (re-graded) prior to the submission of a zoning site plan, or subdivision or land development plan. This section shall not regulate slopes that were clearly man-made prior to the adoption of this chapter.

Slopes over 25%. A new principal building shall not be located on a slope greater than 25%.

Single-family dwellings and steep slopes. New single-family detached dwellings are permitted on slopes that are no greater than 25%.

Steep slopes and other uses. A lot shall only be used for a building for principal uses other than single-family detached dwellings if the proposed "building area" includes an average slope of less than 20%.

For such uses, the "building area" shall include locations of all proposed principal buildings and parking areas that serve such buildings and an area 20 feet around such buildings and related parking areas.

Access. Each principal building and each parking area shall have vehicle access from an existing or proposed street by means of a driveway, that follows natural topography when possible, with a maximum grade of 10%.

Site plan and tree protection. If an applicant proposes to alter or build upon slopes of 15% or greater, then a site plan shall be submitted to the Zoning Officer. A separate site plan is not required if the same information was included in an approved subdivision or land development plan.

Site plan. The site plan shall show:

The proposed lot lines;

The existing and proposed contours;

The existing and proposed building locations, and the outer perimeter of the proposed "building area" as described above.

Mature trees. Where building or alteration is proposed on slopes of over 15%, the applicant shall prove to the satisfaction of the Zoning Officer that the removal of healthy trees with a trunk width of over six inches (measured at a height 4.5 feet above the ground level) will be minimized. The Zoning Officer may ask for reviews by the Township Engineer or Planning Commission. The site plan shall show wooded areas to be removed or preserved, and methods to be used to make sure trees are protected by temporary fences or other measures during the construction process.

Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading.

Grading or earthmoving on all steep slopes shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except where no reasonable alternatives exist for construction of roads, drainage structures, and other public improvements, in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed three to one, unless the applicant can satisfactorily demonstrate to the Township Engineer that steeper slopes can be stabilized and maintained adequately. The landscape shall be preserved in its natural state insofar as practicable.

Retaining walls.

Any cuts shall be supported by retaining walls or other appropriate retaining structures, when, depending upon the nature of the soil characteristics, such structures are approved by the Township Engineer in order to prevent erosion. Where the face of such retaining wall does not exceed three feet in height, Township Engineer approval is not required.

No retaining wall shall exceed the height prescribed in this Zoning Ordinance, and there shall be at least 10 horizontal feet between stepped retaining walls. All retaining walls greater than three feet in height require certification by a professional engineer that the wall was constructed in accordance with the approved plans and applicable building codes.

Conservation along creeks and riparian buffers.

Setbacks. No new building (except an accessory storage shed with a floor area of 150 square feet or less), new or expanded vehicle parking, or business outdoor storage shall be located within 50 feet from the top of the bank of a perennial creek. This minimum setback shall be increased to 75 feet from the top of the bank of a perennial creek within the AR and CO Zoning Districts. A perennial creek shall be defined as a waterway shown as a perennial creek on the U.S. Geological Survey quadrangle maps.

Standards. To the maximum feasible extent:

Any street or driveway crossing of a perennial creek shall be approximately perpendicular to the creek.

Existing healthy natural vegetation adjacent to a creek should be preserved.

Areas within the setback established by this section shall be preserved in their natural state, except for planting of trees and shrubs, erosion control improvements, public recreation improvements and necessary utility, street, and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise prove difficult.

Vegetation. Where the majority of the existing trees and/or shrubs are removed from areas within the setback distance provided as part of, or in preparation to, a subdivision, land development or construction of a new building, then new trees and shrubs shall be planted and maintained that will have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.

Publications of the Pennsylvania Department of Conservation and Natural Resources (including "Stream ReLeaf") and/or the Chesapeake Bay Commission shall be used as standards for the planting of the buffer. These publications include recommended species. Native species of vegetation shall be used. If trees and plants do not survive, they shall be replaced within 100 days afterwards by the current owner of the property.

Septic drain fields and sewage disposal systems shall not be permitted within the riparian corridor and shall maintain a minimum distance of 100 feet from the top of the stream bank.

Solid waste disposal facilities and junkyards shall not be permitted within 300 feet of the top of the stream bank.

Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of the stream bank.

The application of biosolids shall not be permitted within 100 feet of the top of the stream bank.

Except for trail construction, waterway access, waterway restoration and enhancement, livestock crossings, and infrastructure and utilities, the filling, grading or excavating of riparian corridors shall be prohibited.

Uses prohibited in the riparian corridor.

Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted, removal of invasive species, or improvement to the riparian buffer.

Storage of any hazardous or noxious materials.

Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

Roads or driveways, except where permitted as corridor crossings.

Parking lots.

Any type of permanent structure, including fences, except structures needed for a permitted use.

Subsurface sewage disposal areas.

Sod farming.

Stormwater basins, including necessary berms and outfall facilities.

Corridor crossing areas.

The width of the right-of way should not be greater than the minimum right-of-way width required by the Lower Paxton Subdivision and Land Development Ordinance.[1]

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Crossings should be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor.

Corridor crossings should be separated by a minimum of 1,000 feet of buffer length.

Bridges should be used in place of culverts when crossings would require a 72-inch or greater diameter pipe. When culverts are installed, they should consist of slab, arch, or box culverts and not corrugated metal pipe. Culverts should also be designed to retain the natural channel bottom to ensure the passage of water during low flow or dry weather periods.

Septic drain fields and sewage disposal systems shall not be permitted within the Riparian Corridor and shall maintain a minimum distance of 100 feet from the top of the stream bank.

Solid waste disposal facilities and junkyards shall not be permitted within 300 feet of the top of the stream bank.

Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of the stream bank.

The application of biosolids shall not be permitted within 100 feet of the top of the stream bank.

§ 203-403 Floodplain Overlay District.

Purposes. The FP Floodplain District is an overlay district to the underlying zoning districts. The FP District includes areas that have been identified by the federal government as being subject to periodic inundation by floodwaters. This inundation needs to be managed to avoid loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, impairment of tax base, and other adverse effects on the public health, safety, and general welfare. The FP District is intended to manage development and alteration of floodplain areas to avoid incompatible or dangerous development. In addition to serving the purposes listed in Article I, this section is intended:

To prevent the erection of structures in areas with a known danger from flooding.

To protect public health and safety by protecting water quality and promoting safe drainage.

To control development which, alone or in combination with similar development, could create burdens on the community, governments, emergency service providers and individuals for the costs of flood control works, rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees, as well as business interruptions, factory closings, disruptions of transportation routes, and interference with utility services, as well as other factors that result in loss of wages, sales, and production and generally adversely affect the economic wellbeing of the community.

To maintain a stable tax base that is not threatened by the destruction of properties.

To permit certain uses which can appropriately be in the floodplain as herein defined without impeding the flow of floodwaters or otherwise causing danger or damage to life or property at, above, or below their locations in the floodplain.

To permit certain uses in the floodplain in ways that preserve natural conditions conducive to the maintenance of ecological balance, wildlife and productive wildlife habitat, marine life and productive marine habitat, other healthy biotic systems, scenic and natural values, constant rates of water flow throughout the year, and areas for groundwater absorption for sustaining the subsurface water supply.

To provide sufficient unimpeded drainage courses and prohibit the restriction of their carrying capacities so as to safely carry abnormal flows of stormwater from periods of heavy precipitation.

To encourage the utilization of appropriate construction practices which will minimize flood damage in the future.

To prevent the placement of materials which might be swept by floods onto other lands or downstream to the injury of others.

To provide for public awareness of flooding potential and to discourage and protect unwary individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

To regulate uses, activities, development, and structures which, acting alone or in combination with existing or future uses, activities, development, or structures, will cause increases in flood heights, velocities, and frequencies.

To provide areas for the deposition of sediment.

To protect people and property in other municipalities within the same watershed from the impact of improper development in floodplains and the consequent increased potential for flooding.

Relationship to other articles.

The provisions of this article create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this Zoning Ordinance. To the extent the provisions of this article are applicable and more restrictive, they shall supersede conflicting provisions within all other articles of this chapter and all other ordinances of the Township. However, all other provisions of all other articles of this Zoning Ordinance and all other ordinances of the Township shall remain in full force.

Lands in floodplains.

The FP Floodplain District is hereby defined to include all the following lands within Lower Paxton Township:

All those areas identified as being subject to the 100-year flood in the latest officially issued Flood Insurance Study (FIS) and the accompanying maps prepared by the Federal Emergency Management Agency.

Where the complete and definitive information necessary to delineate the boundary of the Floodplain District is not available to the Zoning Officer in his/her consideration of an application for a permit, he/she shall require that the applicant prepare and submit such on-site studies and/or surveys to be made as are necessary to fix the precise boundaries of the Floodplain District as defined in this article. Such studies and surveys shall be certified by a licensed professional engineer registered by the state. Copies of such studies and surveys shall be submitted by the Zoning Officer to the Township Engineer, who shall have 30 days to comment. Any property owner whose property is so studied and/or surveyed to justify an application for a permit shall pay all costs of these studies.

The floodplain shall consist of subdistricts as follows, if so categorized by the Official Federal Floodplain Mapping.

FW (Floodway Area) - the areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

FF (Flood-Fringe Area) - the remaining portions of the 100-year floodplain in those areas identified as an AE Zone in the FIS where a floodway has been delineated. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the FIS. The AE Floodplain Zone shall be the base the base flood hazard area shown on the Federal Floodplain Maps where base floodplain elevations are provided (as amended by Ordinance No. 07-01, adopted 11/20/2007).

FE (Special Floodplain Area) - the areas identified as Zone AE in the FIS where 100-year flood elevations have been provided, but no floodway has been delineated.

FA (General Floodplain Area) - the areas identified as Zone A in the FIS for which no 100-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area, if possible. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

Boundary disputes.

Should a dispute concerning any boundary of the Floodplain District arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the property owner. The Zoning Hearing Board shall conduct a hearing and render its decision in accordance with the procedures listed in this chapter.

All changes to the boundaries of the Floodplain District which affect areas identified in this article are subject to the review and approval of the Federal Insurance Administrator for compliance with the Rules and Regulations of the National Flood Insurance Program.

Permitted by right uses.

The following uses and others are permitted in the Floodplain District, provided they are allowed in the underlying zoning district and provided they do not involve any grading or filling which would cause any increase in flood heights or frequency, and provided they comply with other sections of this chapter.

Forestry.

Erosion and sedimentation control measures, facilities, and structures provided no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.

Public and private recreational uses such as parks, swimming areas (excluding swimming pools), play areas, day camps, campgrounds (excluding camp sites), picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, game farms, areas or clubs for hunting, fishing, and/or boating (including marker or anchor buoys), paved bicycle paths, and hiking and horseback riding trails, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.

Crop farming, not including buildings.

Activities related to the preservation of natural amenities, including wildlife sanctuaries, nature preserves, woodland preserves, botanical gardens, or arboreta, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.

Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Fish and Boat Commission and reviewed by the County Conservation District, and subject to the provisions of this article.

Fences of a design that does not obstruct floodwaters.

Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.

Blinds for the shooting or observation of wildlife.

Circuses, carnivals, and similar transient enterprises, provided that natural vegetative ground cover is not destroyed, removed, or covered in such a way as to create erosion or sedimentation.

Farm ponds which are constructed in accordance with a conservation plan reviewed by the County Conservation District, and which do not create any increase in flood heights or frequency, and subject to the provisions of this article.

Floodproofing of structures in compliance with state and federal regulations.

Public utility facilities (except buildings) under the exclusive jurisdiction of the State Public Utility Commission and specifically exempted from control by municipal zoning ordinances, subject to the provisions of this article.

Water monitoring devices, docks, piers and boat launching ramps.

Utility lines.

Prohibited uses.

The following uses are prohibited in the Floodplain District:

All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.

All structures, except for those specifically allowed in this article.

Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of hazardous materials.

Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading or filling necessary to accomplish and carry out those uses permitted in this article; provided, however, that no grading or filling is permitted which would cause any increase in flood heights or frequency.

Grading or filling that could cause any increase in flood heights or frequency.

Damming or relocation of any watercourse, except as provided for in this article.

Fences of a type that could obstruct floodwaters.

Storage of herbicides, pesticides, domestic or industrial waste, radioactive materials, petroleum or other flammable materials, explosives, poisonous materials, hazardous materials, or other materials which, if flooded, would pollute the watercourse or be injurious to human, animal, or plant life.

Cemeteries for humans or animals.

Any development, structure, or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this article:

Obstruct, impede, retard, change, or increase the velocity, direction, or flow of floodwaters.

Increase the surface elevation of floods, or the frequency of floods.

Increase the surface elevation of floods, or the frequency of floods.

Hospitals.

Nursing homes.

Jails.

Prisons.

Mobile/manufactured home parks.

Any new structure or building, or any expansion or addition to an existing structure or building that will be used for the production or storage or any of the following dangerous materials or substances, or that will be used for any activity requiring the maintenance of a supply of any of the following substances in quantities exceeding 550 gallons.

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides or nitrogen.

[12]

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

[17]

Pesticides (including insecticides, fungicides, and rodenticides).

[18]

Radioactive substances, insofar as such substances are not otherwise regulated.

Special exception uses.

Within the 100-year floodplain, any allowed parking lot that will include spaces for four or more motor vehicles and any allowed commercial or industrial outdoor storage area shall need special exception approval. Such uses shall not be allowed if they would violate this article.

Standards and criteria for special exceptions.

Where special exception approval is required for a use within the Floodplain District, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:

That danger to life and property due to increased flood heights, velocities, or frequencies caused by encroachments, is minimized.

That the danger that floodwaters or materials may be swept onto other lands or downstream to cause injury to others is minimized.

That a possibility of disease, contamination, and unsanitary conditions, is minimized and especially that any proposed water supply or sanitation systems are able to prevent these problems.

That the susceptibility of the proposed facility and its contents to flood damage, the effect of such damage on the individual owners, and the need for and effect of floodproofing, are minimized.

That the proposed facility and its services are important to the community.

That there are no available alternate locations not subject to flooding for the proposed use.

That the proposed use is compatible with existing and anticipated development.

That the proposed use is consistent with any floodplain management program for the area.

That the safety of access to the property in times of flooding for ordinary and emergency vehicles is assured.

That the expected area, height, depth, velocity, pressure, frequency, duration, rate of rise, seasonality, and sediment, debris, and pollutant load of floodwaters expected at the site is not inconsistent with the proposed use.

That the proposed activity will not unduly alter natural water flow or water temperature.

That historic sites and structures and high quality wildlife habitats will not be degraded or destroyed.

That the natural, scenic, and aesthetic values at the proposed site will be conserved.

That the danger, damage, and injury to all adjoining properties on both sides of any watercourse, regardless of municipality, is minimized. In this regard, any proposal affecting an adjacent municipality shall be submitted to that municipality's planning commission and governing body for review and comment.

That the granting of the special exception will not result in any of the following:

Increases in flood heights.

Additional threats to public safety.

Extraordinary public expense.

Creation of nuisances.

Conflict with local laws or ordinances.

With any FW (Floodway Area), the following provisions apply:

Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.

No new construction or development shall be allowed, unless a permit is obtained from DEP, as applicable.

Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.

Application requirements.

In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications, and other information as it may deem necessary to assist it in arriving at a fair and impartial determination. Such required information may include, but is not limited to, the following:

Plans drawn to scale showing the nature, location, dimensions, and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel.

A typical valley cross-section showing the channel of the watercourse, elevations of land area adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.

A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply facilities, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.

A profile showing the slope of the bottom of the channel or flow line of the watercourse.

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of material, water supply facilities, and sanitary facilities.

Referrals. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the Zoning Hearing Board shall solicit the comments and recommendations of the Township Planning Commission, and any other experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.

Conditions of approval. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Ordinance, as it may deem necessary to implement the purposes of this Zoning Ordinance.

Fees for special exceptions. Any fees assessed an applicant for a special exception, whether for a hearing, a flood study, or any other purpose, shall not exceed those costs directly associated with the particular application.

Variances.

Variances from the provisions of this article are discouraged. Where, however, a variance is essential, the following requirements of the National Flood Insurance Program must be complied with in addition to all other variance provisions of this Zoning Ordinance and the Pennsylvania Municipalities Planning Code,[1] as amended. In all variance proceedings the burden of proof shall be on the applicant.

No variance shall be granted for any development, structure, use, or activity within the Floodplain District which would cause any increase in flood levels during the 100-year flood as defined by this article.

No variance shall be granted for any of those prohibited uses listed in sections of this article.

Variances shall only be granted upon:

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable laws, ordinances, or regulations.

A determination that the granting of a variance will not jeopardize Lower Paxton Township's participation in the National Flood Insurance Program.

Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Whenever a variance is granted, the Board shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board.

Editor’s Note: See 53 P.S. § 10101 et seq.

Nonconforming uses and buildings in the floodplain district.

Nonconformities.

Continuation. All uses or buildings lawfully existing in the Floodplain District as the effective date of this chapter which are not in conformity with the provisions of this section, shall be deemed nonconforming uses or buildings. Such nonconforming uses or structures may be continued, maintained, repaired and floodproofed, except as otherwise provided for in this article. However, such nonconforming uses or structures may at any time be improved to comply with existing Pennsylvania or Township health, sanitary or safety code specifications which are necessary solely to assure safe living conditions.

Expansion and modification. A nonconforming use or building may not be expanded or modified in any manner which would: a) increase or aggravate flooding or flood hazards; or b) causes it to occupy more ground area within the Floodplain District than was occupied by it on the effective date of this article.

Replacement and rebuilding.

A nonconforming use or structure may be replaced, repaired or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than 50% of its fair market value at the time of its damage or destruction. In such a case, however, the nonconformity of the new use or structure with respect to requirements as expressed in provisions of this Zoning Ordinance shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this article.

A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with this chapter, and all other ordinances of the Township.

The Zoning Hearing Board may waive, as a special exception, the requirements of this paragraph where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operation of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary, and the least modification possible of the purposes and intents of this article.

The Zoning Officer shall have the initial responsibility of determining the percent of damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction and may call on any experts or authorities he may deem necessary to assist him in arriving at a fair and impartial determination. Appeals of the decision of the Zoning Officer may be made to the Zoning Hearing Board.

Historic structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of this section for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks, and the provisions of this article shall be applied in such a case.

Design and performance standards.

Applicability. Unless otherwise specified in this article, the standards and criteria included in this section are to be used, together with the provisions of all other articles and all other ordinances in force in Lower Paxton Township by the Zoning Officer and Zoning Hearing Board in their administration of this article.

Regulations and reviews by other agencies.

Where applicable and where possible, all necessary permits or other written approvals will be obtained from all other agencies before any approvals of plans, special exceptions, variances, or permits may be granted by Lower Paxton Township or its agencies, officials, or employees.

Where necessary, permits or written approvals from other agencies cannot be obtained prior to action by Lower Paxton Township, any approval of plans, special exceptions, variances, or permits by the Township or its agencies, officials, or employees shall be conditioned upon receiving such other agencies' permits or written approvals.

No regulations of the commonwealth governing watercourses are amended or repealed by this chapter. Prior to any proposed alteration or relocation of any watercourse, a permit shall be obtained from DEP, and notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such permit application and municipal notifications shall be forwarded to the Federal Insurance Administration and to the State Department of Community and Economic Development.

Placement and construction of authorized uses and structures.

All uses and structures shall be designed, constructed, and placed to offer the minimum obstruction possible to the flow of water, and shall be designed to have a minimum effect upon the flow, velocity or height of floodwaters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and so far as is practicable, structures shall be placed approximately on the same flood flowlines as those of nearby structures.

All new construction and substantial improvement shall be constructed with materials and utility equipment resistant to flood damage and shall be constructed by methods and practices that minimize flood damage.

All new or replacement drains, water supply facilities or sanitary sewage facilities shall be designed to preclude infiltration or back-up of sewage of floodwaters into the facilities or structures and discharges from the facilities into floodwaters.

All new construction and substantial improvements of permanent nonresidential structures shall either: (1) have the lowest floor (including basement) elevated to one foot above the 100-year flood elevation as defined by this chapter: or (2) together with attendant utility and sanitary facilities, be floodproofed so that below one foot above the 100-year flood elevation as defined by this chapter the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

All authorized improvements or additions to existing residential structures shall, to the greater extent possible, be elevated. Any portion of the structure not elevated to one foot above the 100-year flood elevation as defined by this chapter shall be floodproofed.

All authorized new residential structures shall have the lowest floor (including basement) elevated to one foot above the 100-year flood elevation as defined by this chapter.

Floodproofing. Where floodproofing is authorized by this article, it shall be done according to the standards and provisions for floodproofing regulations officially issued by the U.S. Army Corps of Engineers. Where reference is made in such floodproofing regulations to the "RFD" (regulatory flood datum), it shall be interpreted to mean the 100-year flood elevation as defined by this article. The floodproofing of a new residential building shall not cause the construction of the building be permitted.

Anchoring. All structures, including buildings, air ducts, large pipes, and storage tanks within the Floodplain District, shall be firmly anchored to prevent flotation, movement, or collapse, thus reducing the possibility of the blockage for bridge openings and other restricted sections of the watercourse.

Surface drainage. Adequate drainage shall be provided for all new development to reduce exposure to flood hazards.

Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code Chapters 401-405, as amended and not limited to the following provisions, shall apply to this section, to the extent that they are more restrictive and/or supplement the requirements of this section. (Note: As of 2006, the following were some relevant sections of the construction codes: International Building Code: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G; International Residential Building Code: Sections R104, R105, R109, R323, Appendix AE101, Appendix E, and Appendix J.)

Water heaters, furnaces, air conditioning, and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.

Zoning permits.

Within the Floodplain District, building permits shall be required for all proposed development, construction, reconstruction, placement, replacement, expansion, extension, repair, or other improvement of uses or structures, regardless of value, including the placement of mobile homes and activities such as mining, dredging, filling grading, logging, paving, excavation, or drilling operations. Building permits shall not be required for normal maintenance.

Every zoning permit application for work or uses within the Floodplain District shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all the provisions of this article and this Zoning Ordinance.

The following information is specifically required to accompany all zoning permit applications involving structures within the Floodplain District:

The elevation (in relation to mean sea level) of the lowest floor (including basement).

Whether or not the structure includes a basement.

If the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed.

Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the state or a licensed professional architect registered by the state certifying that the floodproofing methods used meet the provisions of this Zoning Ordinance and are adequate to withstand the flood depths, pressures, velocities, impact, uplift forces, and other factors associated with the 100-year flood as defined this article, and indicating the specific elevation (in relation to mean sea level) to which such structure is floodproofed.

A copy of all plans and applications for proposed construction or other improvements within the Floodplain District to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals for review and comment.

Site location including address.

Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

The elevation of the 100-year flood.

The following data and documentation:

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.

Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.

A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during a 100-year flood, including a statement concerning the effects such pollution may have on human life.

A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows.

A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flows.

The appropriate component of the DEP Planning Module for Development.

Where any excavation or grading is proposed, a plan meeting the requirements of the DEP to implement and maintain erosion and sedimentation control.

Any other applicable permits such as, but not limited to, a permit for any activity regulated by the DEP under Section 302 of Act 1978-166.

An evacuation plan which fully explains the way the site will be safety evacuated before or during the course of a 100-year flood.

Municipal liability. The lawful granting of a permit or making of any other administrative decision under this article shall not constitute a representation, guarantee, or warranty of any kind by Lower Paxton Township, or by any official, agent, or employee thereof, of the practicability or safety of any structure, use, or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any flood damage that may result pursuant thereto or as a result of reliance on this article. There is also no assurance that lands not included in the Floodplain District are now or ever will be free from flooding or flood damage.

§ 203-404 R-R Residential-Retirement Development ("RRD").

General provision: Residential retirement development shall be allowed as an optional type of development in districts where authorized. Where an applicant chooses to use this residential retirement development option, the provision of this § 203-404 shall apply in place of the zoning district provisions.

Purposes. The RRD option is designed to accommodate nursing care, assisted living and independent retirement living primarily for persons age 55 and over. Such development may provide residents with a series of compatible uses and services ranging from lodging, housekeeping, meal preparation and service, laundry service, transportation, recreation, health care, pharmacy and banking services, and other uses as applicable.

Residential retirement development. Any developer who desires to utilize the RRD option shall submit to the Planning Commission and the Board of Supervisors through the Planning and Zoning Officer the following supplemental information as part of a preliminary subdivision and/or land development plan for any portion of a RRD:

Location map showing the project in relation to the surrounding area;

Master concept plan of the overall RRD showing:

Property lines and easements with dimensions and area;

Approximate location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures;

The general building types and floor plans to clearly define the character of the project;

Topographic information showing existing features and conditions and proposed grading;

Landscaping plans showing open spaces, planting, existing and proposed trees and recreational area and facilities;

Existing streets, showing access to the project, proposed roads and parking layout with dimensions; and

Pedestrian circulation plan, providing for effective pedestrian travel on-site between facilities.

Written information regarding land use designations, surrounding land uses, project design team, development schedule, type, size, number and estimated selling price of units and density calculations; and

Written information regarding the following:

The nature and extent of the common open space in the project, the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan;

The manner in which such plan does make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;

The relationship, beneficial or adverse, of the proposed development upon the physical environment and the neighborhood in which it is proposed to be established;

Whenever applicable, aspects of the RRD requiring compliance and approval of mandated state statutes or other laws shall be identified;

The manner in which such plan addresses the community need or demand for the type of housing and services proposed; and

Architectural guidelines for buildings. It is not the intent of the Board of Supervisors to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to for the buildings of the RRD. Standards selected shall be consistent with the architectural design objectives under this § 203-404F(25).

Permitted by right uses. Only the following uses shall be permitted by right in an RRD:

Nursing home;

Assisted living facility or personal care center;

Independent retirement living apartment units;

Single-family detached dwellings;

Twin dwellings;

Townhouses;

Apartments; and

Meeting and recreation center that primarily serves residents of the development and their guests, and which may include a temporary sales office while the development is under construction and management offices for the development after construction is completed.

The following nonresidential uses where a RRD abuts an arterial street:

Offices;

Individual and family social services, adult day care centers, and places of worship;

Retail stores;

Restaurants, cafeterias and coffee shops;

Drug stores and pharmacies;

Financial institutions;

Beauty and barber shops;

State-licensed brew pubs and limited distilleries;

Personal services;

Hospitals, hospices or surgery centers;

Publicly owned or operated recreation areas and parks or required open space; and

Commercial indoor recreation and commercial outdoor recreation.

Conditional uses. In a RRD that does not abut an arterial street, the following uses shall be conditional uses as long as they are ancillary to a permitted use:

Office of physicians, dentists, osteopathic physicians, and other health practitioners;

Individual and family social services, including adult day care centers;

Stores selling food, gifts, and household items;

Restaurants, cafeterias and coffee shops without a separate exterior entrance;

Drug stores and pharmacies;

Financial institutions; and

Beauty and barber shops.

Overall requirements.

A RRD shall be limited to residential and mixed use development that serves the needs of persons age 55 and older and persons with significant disabilities. RRD promotes a continuum of care. A minimum of 75% of the overall tract area of a RRD shall be used for residential, assisted living facility, personal care center, nursing home, common open space, and/or park uses (inclusive of streets providing access to such uses and stormwater management facilities serving such uses).

Subject to § 203-404G, to promote visitability and universal design, a minimum of 80% of all single-family detached, twin, and townhome dwellings shall meet the design standards set forth in § 203-404F(7) and 100% of apartment units shall meet the design standards set forth in § 203-404F(8).

A minimum of 50% of all single family detached, twin, and townhouse dwellings shall be occupied by at least one person 55 years of age or older in accordance with federal law and there shall be a permanent legally binding restriction placed of record in accordance with federal law. A note shall be placed on the plan stating the age residency requirement.

A plan for the entire tract of a RRD shall be approved and recorded as an entity. However, lots may be subdivided and sold as part of the overall land development plan. The overall land development plan may take place in phases.

All nursing care and assisted living facilities are subject to all relevant federal and state regulations, and a condition of the land development approval process shall be that a statement be provided indicating that such requirements will be met. Proof shall be provided that all applicable state, county and Township licenses have been obtained following their receipt from the appropriate regulatory authority.

Standards for retail stores, restaurants, cafeterias, and coffee shops.

Where a RRD abuts an arterial street:

Only one grocery store shall be permitted, which shall not exceed 40,000 square feet of gross floor area.

Only one drug store or pharmacy shall be permitted, which shall not exceed 15,000 square feet of gross floor area.

Places of worship, financial institutions, beauty and barbershops, personal services, and retail stores, other than grocery stores and drug stores and pharmacies, shall not exceed 10,000 square feet of gross floor area.

Offices and commercial indoor recreation, and commercial outdoor recreation shall not exceed 30,000 square feet of gross floor area.

Hospitals, hospices and surgery centers exceeding 30,000 square feet of gross floor area shall be permitted only by conditional use.

Drive-through service facilities. Drive-through service facilities shall be permitted only for drug store, pharmacy, coffee shop, and financial institution uses. In addition to the specific use standards of Article IV of this Zoning Ordinance for drive-through service facilities, drive-through windows and menu boards/boxes shall not be located between the arterial streetscape buffer yard [as required under § 203-404F(24)] and the building to which they are attached or serve.

Parking lots that are located between a building used and the arterial streetscape buffer yard [as required under § 203-404F(24)] shall be limited to not more than four rows of parking spaces. Such parking lots shall be screened from the arterial streetscape buffer yard by a masonry wall, decorative fence or evergreen hedge or combination of wall, fence and hedge.

Where a RRD does not abut an arterial street:

Drive-through service facilities shall be prohibited; and

No retail use shall exceed 10,000 square feet of gross floor area.

Single-family detached dwellings, Twin dwellings and townhouses qualifying under § 203-404F(2) shall incorporate the following design elements:

Each dwelling unit shall have a master bedroom and accessible bathroom located on an accessible ground floor level;

Each dwelling unit shall be located on a lot that does not exceed a lot or unit area of 9,000 square feet;

Each dwelling unit shall be incorporated in a declaration of planned community or condominium that provides for some level of exterior maintenance (e.g., lawn and landscaping maintenance, snow removal, etc.);

Each dwelling unit shall have at least one stepless entrance;

Each dwelling unit shall have at least 36 inches of clear passage through all exterior doors and at least 32 inches of clear passage through all interior doors, including bathroom doors; and

Each dwelling unit shall have at least five additional universal design features for housing set forth in the most recently published version of universal design in housing standards developed by the Center of Universal Design, School of Design, North Carolina State University at Raleigh or successor organization.

A maximum of 40 apartment dwellings may be located within a single building. A maximum of 40% of all of the dwelling units within an RDD may be apartment dwellings. Apartment buildings shall incorporate the following design elements:

Elevator access shall be provided to all floors;

The apartment building complex shall include common area amenities such as a library, entertainment area, or other similar feature;

The apartment building complex shall include a fitness center or provide access to a fitness center within the RRD;

Each apartment building shall have at least 36 inches of clear passage through all exterior doors and at least 32 inches of clear passage through all interior doors that are open to residents of the building. Each apartment dwelling shall have at least 32 inches of clear passage through all doors, including bathroom doors; and

At least five additional universal design features for housing set forth in the most recently published version of universal design in housing standards developed by the Center of Universal Design, School of Design, North Carolina State University at Raleigh or successor organization.

The maximum height of any structure on a tract in a RRD shall be no more than 40 feet measured from the average level of the grade at the building perimeter to the average height between the eave and the ridge of the roof. However, if the RRD is within the IN District, then the maximum building height may be increased to 60 feet (or to 70 feet for apartment buildings where the RRD abuts an arterial street), provided that the minimum yard setback to the lot line shall be increased by two feet for each foot that the height of the building exceeds 40 feet, except along lot lines abutting a lot in common ownership, a street right of way, or a lot used as a single-family detached or townhome dwelling unit.

Off-street parking shall be provided in accordance with the following:

Off-street parking shall be provided at the rate of two parking spaces for each dwelling unit. In addition, one additional parking space for each four apartment dwelling units or townhouse dwelling units shall be provided for guest parking.

One visitor parking space shall be provided for every four patient beds located in an assisted living or nursing care facility, plus at least one additional space for each full-time staff member per maximum shift. In addition, space shall be provided for service vehicle parking and for automobile passenger pick-up and discharge near buildings.

Off-street parking for nonresidential uses shall be provided in accordance with the requirements of § 203-601.

A mobile/manufactured home park shall not be developed within the RRD regulations.

The maximum impervious coverage for the overall tract of a RRD is as follows: maximum impervious coverage for the entire development after completion: 60%.

The minimum setbacks for nursing homes and personal care/assisted living facilities and all nonresidential. Uses are as follows:

Minimum lot area	N/A
Minimum lot frontage	N/A
Minimum yard setback:
Front yard	15 ft.
Side yard	10 ft.
Rear yard	25 ft.
Minimum distance between residential structures	20 ft.
Minimum distance between nonresidential structures	40 ft.

For single-family detached and twin dwelling units, the following minimum lot areas and minimum lot widths shall apply:

Bedrooms	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
1	2,750	35
2	3,700	35
3	4,200	40

For townhouses, the following requirements shall apply:

Bedrooms	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
1	1,600	18
2	1,800	20
3	2,000	22

(16)

The minimum setbacks for all other residential uses are as follows:

Minimum Yard Setbacks
Front yard	20 ft.
Side yard	5 ft., except 0 ft. at the shared lot or unit line of lawfully attached dwellings
Rear yard	20 ft.
Minimum distance between residential structures (except at the shared lot or unit line of lawfully attached dwellings)	10 ft.

(17)

All required front, side and rear yard areas shall be landscaped with trees and shrubs and/or other ground cover. When a nursing home or assisted living/personal care center or nonresidential use is contiguous to an adjacent existing residential development, rear and side yard setbacks and buffer zones shall be increased by 100%. Minimum buffer distances are as follows:

	Not Adjacent to an Existing Residential Development	Adjacent to an Existing Residential Development
Front	15	30
Side	10	20
Rear	25	50

Parking areas serving an assisted living/personal care or nursing home facility or shall not intrude upon minimum landscape requirements; however, entrance and/or exit drives may be located within the required front yard landscaped area if perpendicular to the street. Where adjacent to existing residential development, required landscaping shall be of a type that shall provide at maturity a visual screen or barrier between the residential zone and the RRD. Such landscaping shall include at least 50% evergreen species of trees and shrubs which are no less than four feet in height at the time of planting and 20 feet apart. Any trees or shrubs that fail to grow shall be replaced by the property owner within 12 months of planting.

(18)

If nonresidential uses are developed within a RRD, such facilities shall be designed and integrated into the RRD to serve the occupants. Delivery facilities to such nonresidential facilities shall be concealed or screened from the normal pedestrian circulation routes of the RRD.

(19)

An assisted living/personal care center and any apartment dwellings shall be designed to accommodate the elderly by incorporating necessary safety and convenience features. At least one looped portion of a pathway system shall have slopes and a surface that are intended for use by older persons, with slopes consistent with the Americans with Disabilities Act (ADA)[1] or no more than 5%, whichever is less.

Editor’s Note: See 42 U.S.C.A. § 12101 et seq.

(20)

Maximum overall density. The maximum overall density of the residential retirement development shall be determined as follows, as calculated in acres (and decimals):

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection F(20)(a) above.

Delete 50% of the area of lands within the 100-year floodplain from Subsection F(20)(a) above.

Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection F(21) below.

The maximum overall density shall be six dwelling units per acre.

Note: This method of calculating density does not require the deletion of stormwater detention basins, shared parking areas, new streets, new preserved/common open space, new alleys or similar features. Therefore, the actual density that could be achieved on a "net" piece of land would be higher than the above numbers.

Each three beds in a nursing home or personal care center shall be counted the same as one dwelling unit for the purposes of controlling density.

(21)

Density bonuses:

As an option to the applicant, the applicant may apply for conditional use approval from the Board of Supervisors to approve the following increases in the maximum density provided in Subsection F(8) above. In such case, only the increase in density shall need conditional use approval.

If the applicant proves that the architectural standards required by § 203-404F(21) will result in excellence in traditional architectural beyond the minimum requirements of this chapter, the maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre.

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to provide a minimum of 30% of the total tract area in.

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to construct substantial recreation improvements and landscaping beyond the amounts of landscaping and improvements that would otherwise be required. The market value of the additional recreational improvements and landscaping shall exceed a minimum of $15,000 per each additional dwelling unit that is allowed.

The maximum density may also be increased through use of the age-restricted housing bonus provided in Section 315.

(22)

Required open space and recreation land.

For RRDs, open space and recreation land shall be provided in the amount of 3,150 square feet (0.0723 acres) per dwelling unit. To the extent feasible, such open space and recreation land shall consist of one contiguous area. A minimum of 50% of such land shall be suitable for active recreation.

Notwithstanding any other provision of the Subdivision and Land Development Ordinance[2] or this Zoning Ordinance to the contrary, the required open space and recreation land shall satisfy all of the open space and recreation requirements of such ordinances.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

The open space and recreation land shall be permanently preserved for open space and recreational use through deed restrictions or other appropriate restriction of record.

(23)

Vehicular and pedestrian connectivity.

The existing street system shall be extended into a new RRD to the extent feasible. Streets, other than cul-de-sac streets, and sidewalks or trails shall be interconnected throughout the RRD. The RRD shall have a focal point, such as a commons, park, or commercial area that is interconnected with the residential areas of the RRD via streets and sidewalks or other Township-approved pedestrian pathways.

Sidewalks or other Township-approved pedestrian pathways shall be provided along both sides of each street, excluding arterial streets, unless a modification or waiver is granted in writing by the Board of Supervisors under the Subdivision and Land Development Ordinance. The width of sidewalks shall be a minimum of five feet.

Pedestrian crosswalks shall be provided in the commercial area using materials and colors that visually distinguish the crosswalk from the street surface.

(24)

Arterial streetscape buffer yard.

A minimum 35 feet wide streetscape buffer yard with screen plantings shall be required along arterial streets.

The arterial streetscape buffer yard shall comply with buffer and landscaping standards of § 203-501 of this Zoning Ordinance, and be maintained in deciduous shade trees, shrubs and an attractive vegetative ground cover.

(25)

Architectural design objectives. The developer shall establish legally enforceable provisions controlling the guidelines of architectural design of nonresidential buildings and shall adhere to the following objectives:

Building facades.

Use of preferred materials is required on the sides of any building that: (i) contains the building's main entrance; and (ii) oriented toward any street that adjoins the lot on which such building is located. Preferred materials include brick, stone, cast stone, precast, stucco, dryvit, textured split faced block, fiber cement siding, wood siding and materials of similar quality provided, however, no preferred materials shall include metal siding or non-textured split faced block.

The wall of a building containing the main entrance shall be architecturally emphasized through fenestration, entrance treatment, columns, colonnades, pilasters, piers, recesses, projections, bays, offsets, or other architectural details.

In order to scale down the horizontality of a building having a gross floor area exceeding 20,000 square feet, any pilasters, piers or columns that are used shall be regularly spaced at intervals of no less than 20 feet on center and no more than 40 feet on center.

Any portico, colonnade, porch or other building projection that is supported by the above mentioned pilasters, piers or columns shall extend at least eight feet from the building.

The wall of a building that is oriented toward a street adjoining the lot on which such building is located shall be architecturally emphasized through fenestration, entrance treatment, columns, colonnades, pilasters, piers, recesses, projections, bays, offsets or other architectural details that breaks up the wall so as not to provide the appearance of a blank wall. The materials and colors of such side, and the base of the building, shall be consistent with the materials and colors of the wall of the building that contains the main entrance.

Roofs.

Use of preferred materials also is required on all pitched roofs. Preferred materials include slate shingles, standing seam metal roofs, architectural grade fiberglass shingles and materials of similar quality.

Flat roofs shall be provided with a 30-inch or taller parapet along any edge of a building facing a street right-of-way, Township-approved public pedestrian pathway, residential zoning district or occupied residential dwelling that adjoins the lot on which such building is located.

For any buildings occupied by more than one principal use, roof line offsets of a minimum of two feet shall be provided in order to provide architectural interest and variety to the massing of a building and relieve the effect of a single roof line.

Combination of age-restricted and non-age-restricted development areas.

Within the IN District two adjacent residential development areas may be submitted for approval of their zoning densities in one subdivision and/or land development plan application, provided the two adjacent development areas are in common ownership at the time of such zoning density determination by the Township and a concept plan is submitted to the Township showing how the street access and open space of the two development areas will be coordinated. Such development areas may subsequently be developed by independent entities, provided there is compliance with the overall density determination under this section and any conditions placed upon such determination by the Township.

One of the two development areas shall meet all of the requirements of this § 203-404. The second development area shall meet the requirements of this § 203-404, except that the second development area shall not be required to meet the requirements of § 203-404F(2) and (3) above. If approved under this § 203-404G, then the maximum density of the two adjacent development areas may be calculated as an average for the two development areas as if they were a single development area. At that time, a maximum density shall be assigned to each of the two development areas, provided the requirements of this chapter are met.

This § 203-404G shall only be allowed to be used if: (i) a minimum of 60% of the total single-family detached, twin, and townhouse dwelling units in the two development areas together would qualify under the requirements of § 203-404F(2) above; and (ii) a minimum of 50% of the total single-family detached, twin, and townhouse dwelling units would meet the age restriction requirements of § 203-404F(3), including a restriction on occupancy by at least one person age 55 or older. In such case, the maximum average density of the two development areas, when calculated together, shall not exceed five dwelling units per acre.

An applicant may choose a second option of having: (i) a minimum of 70% of the total single-family detached, twin, and townhouse dwelling units in the two development areas together meeting the requirements of § 203-404F(2) above; and (ii) a minimum of 50% of the total single-family detached, twin, and townhouse dwelling units meeting the age restriction requirements of § 203-404F(3), including a restriction on occupancy by at least one person age 55 or older. In such case, the maximum average density of the two development areas, when calculated together, shall not exceed six dwelling units per acre.

For dwellings that are not age-restricted or qualify under § 203-404F(2), above, the parking requirements of Article IX shall apply instead of the parking standards for § 203-404.

§ 203-405 Traditional Neighborhood Development Overlay District (TND).

Purposes. Traditional Neighborhood Development ("TND") is primarily intended to:

Encourage new development to occur in a manner that will be consistent with the traditional patterns and scale of development and mix of uses that occurred in the region before 1946;

Promote a mix of diverse but compatible types of neighborhood development;

Avoid development that would be inconsistent with the character of the community, and could cause inefficient patterns of sprawled development;

Encourage a blending of recreation areas, preserved natural features, compatible institutional uses, and a mix of housing at a medium density, including housing intended to be affordable to middle-income persons;

Provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts between vehicles backing out of garages across sidewalks;

Encourage persons to live, work, shop, attend religious services and enjoy recreation within the Township;

Encourage the creation of a sense of place, feelings of belonging and a community spirit that promotes social interaction and volunteerism;

Encourage the location of principal nonresidential uses with distinguished architectural features at prominent locations around a central commons, to serve as a focal point for the development;

Serve the purposes for traditional neighborhood development as listed in the State Municipalities Planning Code,[1] as amended;

Editor’s Note: See 53 P.S. § 10101 et seq.

Allow a TND under this set of development standards to have a higher density and a wider range of uses than would otherwise be allowed, in return for a higher level of site design and preservation of common open space land; and

Promote the placement of new single-family detached dwellings abutting preexisting single-family detached dwellings on abutting lots, when feasible.

Applicability. The TND Overlay District is shown on the Zoning Map.[2] Within the TND Overlay District, in addition to development allowed under the conventional underlying zoning district, an applicant shall also have an option of developing a TND under the provisions of this article. A TND shall be permitted by right within the TND Overlay District. If an area of land is not within the TND Overlay District, then an applicant may request that the Board of Supervisors consider a Zoning Map amendment to add the TND Overlay District to that land area.

If an applicant chooses to utilize these TND provisions, then all of the requirements of this section shall apply. All the provisions of this chapter and other Township regulations shall remain in full force, except for provisions modified by this section. Where § 203-405 and another Zoning Ordinance or Subdivision and Land Development Ordinance[3] provision apply to the same matter, § 203-405 shall apply in place of that other provision.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Minimum tract size: 80 acres. However, if one TND has been approved to include a minimum 80 acres, than an adjacent tract may have a minimum tract size of 20 acres, provided that the second TND is designed to be consistent with the first TND, including compatible architectural standards with the first TND and a logical extension of streets. The term "tract size" shall include the lot area of all lots prior to subdivision and land development, but after deleting existing legal rights-of-way of preexisting public streets.

Stub streets. Any TND shall be designed with stub street right-of-way extending to the edges of the tract if the Township determines that there is potential for interconnected streets onto an adjacent tract. The developer of the adjacent tract shall be responsible to fund the completion of the construction of such street extensions at the time they would be needed. Until such time, the stub right-of-way shall be maintained in vegetative ground cover. Any TND shall be designed with streets that can be interconnected with adjacent lands to the maximum extent feasible and desirable, in the determination of the Township.

Master plan. The TND shall be developed following a single master plan. Consistent with final plan approvals, individual portions of the TND may be owned and constructed by different entities, provided there is compliance with the overall master plan and the phasing plan.

Editor’s Note: The Zoning Map is included as an attachment to this chapter.

Master plan for a TND.

Before any use is approved or lot is subdivided for a TND, the applicant shall submit and have approved an overall master plan. Such master plan shall be submitted as part of or prior to a preliminary plan submission for a "traditional neighborhood development." Such master plan should address coordinated vehicle access from all adjacent land owned, equitably owned or otherwise controlled by the applicant. If the applicant's land extends into an adjacent municipality or zoning district, then it is requested that the master plan also show such area to plan for a coordinated road and infrastructure system.

The master plan shall be fully coordinated with any existing, proposed or approved development on adjacent land, including providing for pedestrian and bicycle access to adjacent tracts.

Landscaped open space and recreation areas shall be interspersed within the TND. Pedestrian and motor vehicle routes shall be laid out to complement the interaction between the commercial core of the TND and residential areas.

The overall master plan shall show proposed streets, alleys, cartway widths, approximate lot lines and dimensions, common open spaces, recreation areas, major pedestrian and bicycle pathways, parking areas, major detention basins and proposed types of housing and nonresidential uses. The master plan shall designate certain areas for primarily commercial development, certain areas as preserved open space, and certain areas for various types and densities of residential development. The intent is to have the higher density areas closer to the proposed commercial core, and lower residential densities adjacent to preexisting single-family detached housing developments on adjacent lots.

The master plan and application for the traditional neighborhood development shall be reviewed by the Township Planning Commission and the Board of Supervisors. After any modifications, the master plan shall become part of the approved preliminary plan under the Subdivision and Land Development Ordinance.[4] Once preliminary plan approval is granted for the traditional neighborhood development, then individual lots may be submitted for final plan approval under the Subdivision and Land Development Ordinance and uses allowed by this section may occur as permitted by right uses.

The master plan is not required to include the same level of engineering detail as a preliminary subdivision plan. Stormwater calculations, construction details, erosion and sedimentation control plans, profiles and similar engineering details are not required at the master plan stage. The master plan shall include sufficient information to accurately show existing conditions and the proposed layout of the homes, nonresidential uses, lots, open space and streets.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Changes to the master plan may occur, provided there is compliance with Township Ordinances. The Township may require that a revised preliminary subdivision or land development plan be submitted and approved if there are substantial changes from the previously approved preliminary plan.

The master plan shall designate various areas of the TND for various types or ranges of uses and types of housing. The intent is to have most business uses and denser housing clustered at one area of the development. The intent is to have less-dense housing towards the perimeter of the TND, particularly adjacent to preexisting single-family detached housing that is outside of the TND.

Overall requirements. A TND shall meet all of the following requirements:

The existing street system shall be extended into the new development, to the maximum extent feasible. Streets shall be interconnected through the development. The development shall have a central focal point, such as a central commons, park, commercial area that is similar to a historic main street and/or allowed institutional building. Streets or trails should lead towards this focal point.

A cul-de-sac street shall be permitted only where the applicant proves that there is no reasonable alternative. Street linkages shall be provided to allow connections with future phases of development or adjacent tracts. Where direct street access is not practical between two areas, then the Township Board of Supervisors may require the provision of bicycle and pedestrian access using an easement.

A minimum of 60% of the dwelling units shall have access to a front door accessing onto an unenclosed front porch with a minimum depth of five feet and a minimum length of eight feet. Such porch shall be covered by a permanent roof. Such porch shall not be enclosed, now or in the future.

A minimum of 50% of single family dwelling units at the intersection of two or more public streets shall have a porch that wraps around the front and side of the dwelling, or shall have separate front and side porches facing onto the streets.

The applicant shall prove that proper site planning and architectural design will be used to minimize visual impact of garages and garage doors as viewed from the front of the lot. A minimum of 50% of the dwelling units shall not have garage doors for two or more motor vehicles facing onto a street at the front of the dwelling. The placement of garages along rear or side alleys or to the rear of the lot with a side driveway is encouraged. No garage shall be located with a smaller setback from the front lot line along a street than the living quarters of the dwelling. For single-family detached dwellings that have a front facing garage, the garage should be setback a minimum of 20 feet greater than the front of the dwelling. No garage or carport shall be permitted within five feet from the right-of-way of an alley. (However, on-street parallel parking may be approved along an alley under other provisions of this article.)

Garage doors shall not make up more than 50% of the front street level of the facade of a dwelling. Driveways and off-street parking spaces shall not make up more than 50% of the land area of the front yard between the front of a dwelling and the street right-of-way.

All streets and alleys shall have a right-of-way, whether public or private.

See this article, which allows on-street parking to be counted towards off-street parking requirements. To the maximum extent feasible, vehicle parking, carports and garages shall be placed to the rear or side of lots, preferably with rear or side access. For example, the following alternative methods of providing parking are permitted and encouraged:

A rear landscaped shared parking court or shared carport structure;

A garage placed towards the rear of the lot, with a side driveway that is of minimal width within the front yard and then widens in front of the garage;

A detached rear garage or rear individual parking pad or side-entry garage accessed from a rear alley or side street;

Decks built to extend over garages or over driveways leading to garages; or

A landscaped shared parking court connected to a street, provided that parked vehicles do not need to back out onto a through-street and provided that all paving is setback a minimum of 20 feet from any dwelling (other than a front porch).

If driveways pass through the front of the lot (such as to reach detached rear garages), then it is encouraged to place driveways of adjacent dwellings immediately adjacent to each other. This would allow the driveway on each lot to be more narrow than would otherwise be possible. However, each property owner shall still be responsible for their own half of the driveway, and each half shall be wide enough to allow a passenger car to travel on each lot. As an alternative, the Township may approve shared driveways with maintenance by a legally binding homeowners' association.

All principal buildings shall have a minimum roof pitch of 4/12 or have the appearance of such a roof pitch as viewed from the street, except a flat roof may be approved for townhouses or connected commercial buildings if the buildings have a decorative cornice. Variations in rooflines are specifically encouraged.

Sidewalks or other Township-approved pedestrian pathways shall be provided along both sides of each street, unless a modification or waiver is granted in writing by the Board of Supervisors under the Subdivision and Land Development Ordinance.[5] The width of sidewalks shall be a minimum of eight feet along a commercial main street (which may include street tree wells) and a minimum of five feet in other locations.

A sidewalk in a commercial main street area shall be constructed primarily of decorative masonry or material that has the appearance of decorative masonry. This may include interlocking brick pavers or concrete pavers or patterned concrete that has the appearance of brick. The use of dry laid pavers on a suitable subsurface of concrete, sand or stone and stone dust is encouraged.

Pedestrian crosswalks shall be provided in the commercial main street area using materials and colors that visually distinguish the crosswalk from the street surface and that include some texture. The use of pavers, patterned concrete or stamped textured asphalt is encouraged.

The materials, depths and cross-sections of the sidewalks and crosswalks shall be subject to approval by the Township, after review by the Township Engineer.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Commercial. Allowed commercial uses and their parking areas shall occupy a minimum of 5% and a maximum of 15% of the total land area of the traditional neighborhood development. This percentage may be increased to 20% if the commercial area will be adjacent to an arterial street. No such maximum percentage shall apply in portions of a TND that are within a commercial district. A principal commercial use shall be set back a minimum of 200 feet from any dwelling outside of the TND that existed at the time of the enactment of this section.

If a new TND is proposed adjacent to a previously approved TND, and if the first TND included a commercial area, then the second TND is not required to include commercial uses.

Off-street parking for a commercial use shall not be located between the commercial use building and the front lot line along a street. Off-street parking shall be located to the side or rear of a commercial building.

The majority of commercial uses shall be placed in a Main Street style commercial area, with the businesses fronting upon a through street, and with parking being on street or to the rear or side of the businesses. Buildings in commercial areas of the TND are encouraged to have dwelling units or offices placed above first-floor commercial uses.

Bulb-out curbs, raised textured crosswalks and similar traffic calming measures are encouraged to be used in the main street area.

Housing types.

The allowed housing types within a TND are listed in this article.

Any new dwelling units located within 150 feet from a single-family detached dwelling that existed or approved outside of the TND at the time that the TND Overlay District was applied to the subject tract shall be a new single-family detached dwelling. If such existing single-family detached dwelling is on a lot of over 20,000 square feet, then any new dwellings built within 150 feet of such dwelling area shall have a minimum lot area of 8,000 square feet. The Township may require that a 20-foot-wide planting area with a naturalistic mix of deciduous canopy trees, flowering trees, evergreen trees and shrubs be planted along the perimeter of the TND tract where there are concerns about compatibility with the adjacent uses. Such planting area may overlap a rear yard, but shall be free of buildings and fences.

A minimum of 30% of the dwelling units shall be single-family detached dwellings.

Any alleys shall be designed to discourage through traffic. All streets, whether public or private, shall be constructed following Township roadbed specifications for a public street. Any alley shall be constructed with six inches of crushed stone, two inches of BCBC and one inch of binder course, unless a modification is granted by the Board of Supervisors.

Alleys shall have a minimum paved width of 12 feet if limited to one-way traffic and 16 feet if allowing two-way traffic. Additional width shall be required if any parallel parking is provided. The right-of-way for an alley shall be at least four feet wider than the cartway (two feet on each side of the cartway). An alley shall have adequate sight distance at all corners and intersections of alleys.

Any alleys shall be maintained by a legally binding homeowners association, at no expense to the Township.

New streets shall be sufficient in width to allow on-street parking along at least one side of each street, and to provide room for bicycle riding, unless a separate bicycle pathway is provided. The Township may require a prohibition of parking on one side of a street if the street does not have sufficient width for parking on both sides.

Any commercial uses that are developed shall be located in an area that is adjacent to a street that is similar to a traditional main street of a historic borough or a central commons that is immediately adjacent to such a street. One or more prominent sites adjacent to a central commons should be proposed for a principal nonresidential use. The subdivision approval for the traditional neighborhood development may allow for two or more alternative uses for certain sites, to allow a developer with reasonable flexibility to attract different uses.

Public transit. An applicant for a traditional development neighborhood shall provide evidence that they have contacted the provider of public transit services and requested the provision of service to the development once it is significantly complete. If public transit service is intended to eventually be provided, the applicant shall show that provisions have been made for convenient public transit stops. The Township may require the applicant to construct one suitable shelter for persons waiting for a public bus. The applicant shall also contact the school district and request comment about appropriate school bus stops within or adjacent to the TND.

Streetlights. The applicant shall install streetlights meeting minimum requirements of the Township and the electric provider. Such streetlights shall be of sturdy construction, have a decorative design similar to designs used more than 50 years ago, be dark in color (such as black, dark gray or dark green), and have a maximum total height of 22 feet. Streetlights shall be provided at all street intersections and at other locations approved by the Township as part of the subdivision and land development approval process.

Architecture. The intent is to have unified and consistent architectural styles, while avoiding monotony. The applicant shall establish legally enforceable provisions controlling the styles of architecture, rooflines, porches and the general types of exterior materials in such as manner as to incorporate the best features of traditional architecture commonly found in boroughs and villages in Pennsylvania, unless the applicant proves to the satisfaction of the Board of Supervisors that a more-contemporary architectural design would be appropriate. Such features shall include front porches on most dwellings, landscaped front yards, nonprominent garage doors, varied rooflines and use of masonry on most facades. The emphasis shall be upon sides of a building visible from a street.

Such provisions shall be approved and sealed by a registered architect. The substance of such draft provisions shall be provided to the Township in writing for review at the time of preliminary subdivision submission. Such provisions shall be subject to approval by the Board of Supervisors as a condition of final subdivision and land development approval. Any future substantive changes to the architectural provisions established under this section shall require approval by resolution of the Board of Supervisors.

Such provisions shall not be designed to require excessive uniformity in design, nor to restrict home purchasers to a single design, but instead to encourage high-quality design with a consistent character. Such provisions shall limit monotony and excessive modernity in architectural design. Standards should also be established for the design of fencing.

The architectural provisions shall promote the use of display windows facing onto the public street on a majority of commercial principal buildings in the development. Blank walls without window and door openings shall be avoided facing onto a public street. Where window openings are not feasible, then enclosed display windows may be used.

The Township may require that some or all of the architectural provisions be recorded and/or be included in a development agreement with the Township. The Township shall have the authority to ensure that a system continues to be in place to enforce the architectural provisions that were required by the Township. However, the Township shall accept no responsibility to directly enforce private deed restrictions upon individual properties.

The architectural provisions shall promote use of front or side porches, and be designed to minimize the visual impact of garage doors as viewed from a street.

The architectural provisions shall require use of decorative masonry, or materials with a closely similar appearance, on specified minimum percentages of the front facades of a majority of the principal buildings in the development. A maximum of 40% of the dwelling units shall have a front facade that is composed primarily of vinyl siding.

The architectural provisions shall promote varied rooflines, overhangs and/or setbacks along attached dwelling units.

The architectural provisions shall promote the use of architectural detailing and features, such as decorative porches, decorative cornices, shutters on multiple principal buildings in the development.

The architectural provisions shall address the locations of front doors, particularly to ensure that most dwellings and business uses have a front door facing onto a street at the front of the building.

Buildings of over 150 feet in length shall be designed to have the appearance of smaller connected buildings.

Such provisions shall address minimum sizes of street level front windows, roof pitches as viewed from the street, siding materials, porches, front stoops, front awnings, screening of rooftop mechanical equipment and similar matters. Such provisions shall also address allowed materials for fences visible from a street.

Utility meters. Utility meters larger than 100 square inches each shall not be attached to the front of a dwelling in a manner that makes them highly visible from a street. If utility meters are attached to the front of the dwelling, they should have colors similar to adjacent building materials and/or should be screened by landscaping.

Allowed uses.

The following uses shall be allowed within an approved traditional neighborhood development, provided all the uses are consistent with the overall master plan:

Single-family detached dwellings.

Twin dwellings, side-by-side, with each dwelling on its own fee-simple or condominium lot.

Townhouses, with each dwelling on its own fee-simple or condominium lot.

Places of worship*.

Public transit passenger shelters.

Library, community center, post office* and museum*.

Child or adult day care as a principal use or as an accessory.

Nursing home* or assisted living/personal care center*, which shall not exceed 10% of the total tract area of the development.

Offices*.

Meeting facility for a membership club*.

Retail store*, art gallery*, farmers market*, financial institution,* personal service use*, or restaurant,* with each establishment limited to a maximum floor area of 10,000 square feet. Outdoor cafes* are encouraged and may extend onto a sidewalk, provided that a minimum four-foot-wide pedestrian pathway is maintained. Drive-through facilities, fuel sales and "adult uses" are prohibited in all cases, except that a financial institution may include a drive-through.

Exercise club* or hotel/bed-and-breakfast inn with a maximum of 30 guest rooms*

Apartment dwelling units may only be allowed above a street-level commercial use or where allowed below, and may only be allowed in areas designated for such uses in the approved master plan. These dwelling units may be designed as "live work units" that encourage a person to work on the first floor and live in the upper stories.

Indoor or outdoor noncommercial recreation facilities owned by the Township or a property owner association.

Preserved open space or a nature preserve.

Golf course with a minimum acreage of 50 acres.

Major and minor home occupations and accessory uses shall be addressed in the same manner as the underlying zoning district, except that a major home occupation shall be permitted by right in an area of the TND that is approved by the Township for commercial uses.

(r)

A second dwelling unit in an allowed single-family detached dwelling building or above the garage of a single-family detached dwelling, provided:

No more than 5% of such dwellings shall have a second dwelling unit;

The locations of the lots allowed to have a second dwelling unit shall be designated on the master plan; and

The second dwelling unit shall not include more than 1,000 square feet of habitable indoor floor area and shall not include more than two bedrooms.

* Uses marked with an asterisk shall only be permitted adjacent to or within 200 feet from a central commons within a TND or along a traditional downtown style main street, unless the uses are placed within a rehabilitated historic building. Business buildings shall have their main pedestrian entrance facing a street or a central commons. No outdoor commercial storage shall be permitted unless it is completely screened by landscaping and/or buildings.

Preserved open space.

A minimum of 20% of the total lot area of the tract shall be permanent preserved open space.

The minimum amount of preserved open space shall be reduced from 20% to 15% of the total lot area of the tract if the applicant commits to construct and continue to provide a minimum of three of the following types of recreational facilities, and provided such facilities are available at a minimum for use of the residents and their invited guests with no charge that exceeds the costs of operating and maintaining the facility. A minimum of one of the three recreation facilities shall be a community center with a minimum floor area of 2,500 square feet built around an ADA-accessible meeting room for community meetings and social events. That community center may be temporarily used as a sales office until the TND is completed, and may also include a property owners' association office.

Two golf putting greens.

Two regulation-sized tennis courts.

One full or two half basketball courts.

An outdoor amphitheater that allows seating by a minimum of 100 people and is used for outdoor music concerts, at a minimum, and which does not involve shows with a mandatory admission charge.

A swimming pool.

A roofed picnic pavilion with tables and seating for a minimum of 40 persons.

A fitness center with a variety of exercise machines.

An open grass generally level play field with a minimum length of 100 feet and a minimum width of 50 feet that allows for unscheduled informal sports by young persons.

An improved area near the commercial main street area that is suitable for special events, including both hard-surfaced and landscaped areas and benches.

[10]

A decorative water fountain or waterfall of sufficient size and scope so as to be a focal point of the community, located at or near the commercial main street.

A minimum of 25% of the required preserved open space shall be in an interconnected area that is linked together with a looping recreation trail. The preserved open space shall meet the definition of "open space, reserved or common" in this article.

SALDO. This open space requirement shall be in place of any recreation land or fee requirements in the Subdivision and Land Development Ordinance,[6] provided that a minimum of 50% of the required preserved open space is improved for active and passive recreation purposes that is open to use by the residents of the TND, at a minimum. A payment of a fee in lieu of providing open space required by this section shall not be allowed for a TND.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

A landscaping plan for the preserved open space shall be prepared by a registered landscape architect.

A minimum of 25% of the required preserved open space shall be composed of the following areas when added together: landscaped central commons, squares, greens or similar areas suitable for at least passive recreation and that each include walkways/paths and trees.

At least a portion of the preserved open space shall be provided within at least one central commons with a minimum lot area of 20,000 square feet.

The majority of the central commons should be planted so as to eventually result in a canopy of deciduous trees over areas of the commons that are not planned for active recreation. Existing trees may be retained to serve the same purposes, if found acceptable by the Township Shade Tree Commission.

The required central commons shall have a minimum width and minimum length of 60 feet.

The required central commons shall include benches of durable construction and hard surface pathways. The majority of the pathways in a central commons shall be ADA accessible.

Stormwater detention basins and drainage channels shall not be used to meet the minimum common open space requirements, except for areas that the applicant proves to the satisfaction of Township Board of Supervisors would be able to be attractively maintained and be usable for recreation during the vast majority of weather conditions or that would have the appearance of a natural scenic pond.

Dimensional requirements.

Single-family detached dwellings:**

Minimum lot area: 5,000 square feet. See provisions in § 203-405D(7) that require larger lot sizes adjacent to certain pre-existing single-family detached dwellings.

Minimum lot width at the minimum building setback line: 40 feet, except 50 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Twin dwelling unit:**

Minimum lot area: 4,500 square feet.

Minimum lot width at the minimum building setback line: 30 feet, except 40 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Townhouse dwelling unit:**

Minimum lot area: 2,000 square feet.

Minimum dwelling unit width at the front of the enclosed dwelling unit: 18 feet, except 24 feet if garage door(s) for two or more vehicles will face onto the front of the dwelling along a street.

Maximum number of connected townhouse dwellings: eight.

Minimum separation distance between each set of townhouses: 20 feet.

Principal nonresidential use (a lot may include more than one allowed nonresidential use, and within Township-approved commercial areas, principal buildings with a first-floor business use may be attached to each other and may include upper story dwelling units):

Minimum lot area: 5,000 square feet.

Minimum lot width at the minimum building setback line: 30 feet.

Maximum building coverage for each phase of the TND after completion: 40%.

Building setbacks/yards** (along a street, minimum yards shall be measured from the proposed future/ultimate right-of-way):

Front yard and side yard from a local street: minimum five feet, maximum 30 feet from a new local street.

Front yard or side yard from a collector street: minimum 10 feet, maximum 35 feet from a new collector street.

Any yard from an arterial street: minimum 30 feet, except minimum of 10 feet if the arterial street is integrated into the commercial portion of the development.

Side yards: minimum five feet each, except zero where buildings are approved to be attached. Commercial buildings shall be allowed to be attached to each other within the approved commercial portion of the development. Each twin dwelling unit shall have one side yard, while a side yard shall be required for each end townhouse unit. A detached garage located to the rear of the lot shall have a minimum side yard setback of three feet. If a garage is only connected to a dwelling by a breezeway, it may be considered to be attached or detached by the applicant for the purposes of meeting setback requirements.

For a detached principal building, the subdivision plan may be approved with one side yard wider than the other to allow wider use by the residents of the larger side yard and/or to provide for a side driveway to rear parking. In such case, one side yard may be a minimum of three feet, provided the total width of the two side yards equals a minimum of 10 feet.

Rear yard for a principal nonresidential building: minimum 30 feet.

Rear yard for a vehicle garage serving a dwelling or a dwelling unit that is allowed to be above a garage: minimum of five feet. A deck attached to a dwelling may extend into the rear yard and may extend over a vehicle garage, provided the deck is not enclosed.

Each dwelling unit, other than an apartment, shall have a minimum of 300 square feet of usable outdoor space for the exclusive use of the residents of that dwelling unit. If a single-family detached dwelling is allowed to have an accessory dwelling, then the two dwellings together shall provide 300 square feet of such outdoor space. Such outdoor private space may be a yard, garden, patio, porch or unenclosed deck or a combination of such features. Measures shall be used to provide some measure of privacy for residents in rear yards, such as use of decorative walls, fencing, berming, latticework, awnings or landscaping.

Two front yards for corner lots are required.

Swimming pools and accessory buildings that are not vehicle garages shall have a minimum side yard and rear yard setback of three feet.

A maximum of 20% of the single-family detached, twin or townhouse dwelling units are not required to have a minimum lot width directly along a street right-of-way, provided each dwelling unit:

Has a minimum lot width of 20 feet along an alley; and

Fronts upon a landscaped common open space with a paved or concrete sidewalk or pathway that provides pedestrian access to a street.

A maximum of five feet of the required front yard setback may be used for an unenclosed front porch, stoop, steps, handicapped ramp, awning, or canopy.

** In place of individual fee-simple lots meeting these dimensional requirements, an applicant may choose to utilize a condominium form of ownership. In such case, the lots shall be laid out so that the dimensional and coverage requirements would be physically able to be met as if the dwellings were on fee-simple lots. However, for a condominium development, the actual lot lines do not need to be legally established.

Parking setback. No parking area of five or more spaces shall be located within 30 feet from a contiguous lot line of a dwelling that is outside the perimeter of the TND and that existed prior to the enactment of this section.

Maximum overall density. The maximum overall density of the traditional neighborhood development shall be determined as follows, as calculated in acres (and decimals):

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection G(8)(a) above.

Delete 50% of the area of lands within the 100-year floodplain from subsection above.

Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection G(9) below.

For acreage in the AR Agricultural Residential District: two dwelling units per acre.

For acreage in the R-1 District: four dwelling units per acre.

For acreage in the R-2 District: six dwelling units per acre.

Each three beds in a nursing home or personal care center shall be counted the same as one dwelling unit for the purposes of controlling density.

Density bonuses:

As an option to the applicant, the applicant may apply for conditional use approval from the Board of Supervisors to approve the following increases in the maximum density provided in Subsection G(8) above. In such case, only the increase in density shall need conditional use approval.

If the applicant proves that the architectural standards required by in this article will result in excellence in traditional architectural beyond the minimum requirements of this chapter, the maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre.

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to provide a minimum of 30% of the total tract area in common open space.

The maximum density may also be increased through use of the age-restricted housing bonus provided in this article.

Maximum building height: 45 feet or three stories, whichever is more restrictive.

Landscaping and street trees.

A green area with a minimum diameter of 4.5 feet shall be provided to accommodate street trees between the curb and the sidewalk, unless an alternative location for street trees is specifically approved by the Township. Tree wells may be used. Areas that are between the dwelling and the street curb and that are not used for approved sidewalks shall be maintained in a vegetative ground cover and landscaping.

A minimum of one deciduous street tree shall be required for an average of each 50 feet of street frontage on each side of each existing or proposed street. A uniform separation is not required between street trees. Such street trees shall have a minimum trunk width when planted of two inches, measured five inches above the ground level. The species shall be approved by the Township Shade Tree Commission.

The site design of a traditional neighborhood development shall carefully consider and maximize the preservation of existing healthy attractive trees with a trunk width of six inches or more, measured at a height of 3.5 feet above the ground level.

A landscape planting plan shall be prepared by a registered landscape architect. Such plan may specify a range of species in various locations and may include typical planting locations without specifying the exact location of each plant. Such plan shall state the minimum initial sizes of landscaping. Such landscaping plan shall be offered for review by the Planning Commission and Shade Tree Commission and shall be approved by the Supervisors as part of the subdivision plan.

Parking incentive. An applicant may meet a maximum of 50% of the off-street parking space requirements of adjacent uses by counting on-street spaces parallel to the curb along a local street or along an alley. This provision shall be permitted only:

For spaces along the same side of a street along curb that is directly contiguous to the set of lots being served, or a new alley within a TND, and provided the spaces are within 200 feet of each use they serve; and

If the applicant proves to the satisfaction of the Board of Supervisors that the street or alley would be sufficiently wide to allow the parking, and that there are no unusual safety hazards involved, compared to typical on-street parking at other locations; and

If the applicant proves that such number of parking spaces could be legally accommodated along the street, considering the locations of driveways, fire hydrants and street corners.

Note: Required parking may also be reduced particularly for shared parking among uses.

Parking relief. An applicant may meet a maximum of 50% of the off-street parking requirements for each abutting business or dwelling unit by counting adjacent off-street parking within 500 feet of the proposed parking lot.

Deed restrictions/covenants. The applicant shall submit a written statement of the proposed substance of deed restrictions or similar controls that would affect matters addressed in this chapter.

Association provisions. If applicable, a draft set of homeowner association or condominium association provisions shall be submitted for legal acceptance by the Township Solicitor prior to recording of the final subdivision plan.

SALDO[7] and street standards. As authorized by the traditional neighborhood provisions of the State Municipalities Planning Code,[8] the Township Board of Supervisors shall have the authority to modify specific street and other requirements of the Subdivision and Land Development Ordinance, without proof of hardship, in order to result in a development that is pedestrian-oriented and that promote slow-speed traffic.

For example, the Board of Supervisors may approve reduced street cartway widths, street right-of-way widths and street curve radii.

The Board of Supervisors may also defer certain submission requirements from the preliminary to the final plan stage.

The applicant shall submit a request for modifications in writing, which shall state the reasons why the modification would be consistent with the purposes for a traditional neighborhood development as stated in this chapter and the State Municipalities Planning Code and would be in the public interest while protecting public safety.

The following street right-of-way and cartway widths shall be allowed for new streets that are not dedicated to the Township or the state, in addition to options that are allowed under the Subdivision and Land Development Ordinance:

A street fronting upon commercial development with two-way traffic may be constructed with two travel lanes of 12 feet each, diagonal parking lanes of 18 feet each or eight feet wide parallel parking lanes, a 4.5 feet wide planting area for street trees using tree wells on each side of the street, pedestrian sidewalks on each side of the street that are a minimum of eight feet in width (which may count walkable parts of tree wells as sidewalks), and a right-of-way width that extends a minimum of nine feet on either side of the curbline.

A street with two-way traffic that does not front upon commercial development may be constructed with two travel lanes of 10 feet each and eight feet wide parallel parking, a 4.5 feet wide planting strip with street trees on each side of the street, pedestrian sidewalks on each side of the street that are a minimum of five feet and a minimum right-of-way width that extends a minimum of 9.5 feet on either side of the curbline.

Any street within the TND Overlay District, whether public or private, shall meet the same minimum construction material requirements as any new street intended to be dedicated to the Township under Township ordinances.

The development shall be subject to review by Township Fire Officials to assist the Township in determining whether sufficient access points, cartway widths and turning radii will be provided for access by emergency vehicles and equipment.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Editor’s Note: See 53 P.S. § 10101 et seq.

Access controls. The applicant shall prove that the development involves a fully coordinated interior traffic access system that minimizes the number of streets and driveways entering onto a state highway.

Phasing. A phasing plan shall be submitted for the TND. The applicant shall show that each phase of the TND would be able to function properly and meet Township requirements if later phases of the TND are not completed.

Construction of the TND project must be phased so that:

No more than 50% of the building permits for residential dwelling units may be issued until at least 65% of the total nonresidential floor area is constructed.

Signs. For commercial uses, signs shall be allowed meeting the requirements for signs in the CN District. However, no signs shall be internally illuminated, and no freestanding sign shall have a height exceeding eight feet.

§ 203-406 Open Space Development Overlay District.

Purposes. To allow reasonable amounts of flexibility in site planning of residential development to:

Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation,

Avoid severely increased storm water flows and speeds,

Preserve areas of prime farmland,

Provide additional recreation land,

Steer development to those areas that are more physically suited for it,

Avoid construction of steep roads that are difficult, time consuming, and expensive to maintain and plow snow upon,

Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice,

Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats,

Reduce construction costs and municipal maintenance costs,

Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer, and

Allow each property owner a reasonable use of their land, related directly to the features and location and accessibility of the land. This option will encourage the preservation of significant areas of preserved open space.

Applicability. For land within the OSD Overlay District, this section 406 allows an applicant the option to use the provisions of Section 406 in place of the provisions of the underlying zoning district. In order to use Section 406, the applicant must prove compliance with all of the requirements of this section 406 to the satisfaction of the Township. If an area of land is not within the OSD Overlay District, then an applicant may request that the Board of Supervisors consider a zoning map amendment to add the OSD Overlay District to that land area. An open space development shall be permitted by right within the OSD Overlay District.

An "open space development" is a residential development that meets the requirements of this section 406 and is approved by the Township as an open space development. An open space development shall only be allowed in the OSD Overlay District.

Uses. An open space development shall only include the following uses: single family detached dwellings, nature preserves, Township-owned recreation, non-commercial recreation uses that the Township approves to be within the preserved open space, utilities necessary to serve the development, and customary permitted accessory uses. A mobile/manufactured home park shall not qualify as an open space development.

A tract shall be eligible for approval for an open space development if it includes a minimum of 10 acres of lot area in common ownership in the OSD Overlay District. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks.

The amount of preserved open space shall be based upon the total lot area of all lots within the development, prior to subdivision, and prior to deletion of rights-of-way of future streets and before deleting the area of any environmental features. Land area of future rights-of-way of existing streets may be deleted from the total lot area before calculating the required amount of preserved open space.

Areas that were preserved by a conservation or agricultural preservation easement or deed restriction prior to the submittal of the subdivision plan shall not be counted towards the area of the tract in calculating preserved open space or allowed density.

No open space shall be less than two acres.

Each residential lot shall be within 300 feet walking distance of either public recreation or common open space.

A minimum of 15% of the required open space shall exceed 6% slope.

Required open space must be in the form of large tracts, with linear trails connecting to other larger open spaces internal to the development and adjacent tracts to create regional open space corridors. A trail system must be established that connects these corridors.

The required open space may not include streets, stormwater detention ponds, or private yards.

All open space must be physically accessible by the residents from the street or a pedestrian walkway.

Wherever possible, required open space should be left in its natural, vegetative state with the exception of view from the public street must be maintained.

Use of open space may include recreation equipment, pavilions, benches, paths, bikeways and walkways, athletic fields, farming, passive agricultural activities or similar uses. No commercial uses are permitted in open space area; however, one-story accessory structures used solely for storage of maintenance equipment used exclusively for the upkeep of the open space may be permitted after issuance of a zoning permit.

Areas used for a principal nonresidential use (other than uses approved by the Township to be part of the preserved open space) shall not be included within the land area used to calculate residential density.

Conservation easements or deed restrictions shall be established on lots as necessary to ensure that the maximum density requirement is met over time. Such conservation easements shall prevent the re-subdivision of lots in a manner that would violate this § 203-406.

An open space development shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this § 203-406.

Procedures.

Applicants are strongly encouraged to first submit a sketch plan, before completing detailed fully-engineered preliminary subdivision plans. This two-step process will allow the Township and the applicant to discuss the preserved open space and development layout before large sums of money are spent by the applicant on detailed engineering.

The applicant and Township officials are strongly encouraged to walk the tract after a detailed existing features map has been provided to the Township, but before the site layout has been finalized.

Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan, except within the AR District.

An existing features map shall be required to be submitted as part of the application for an open space development. This existing features map shall accurately show the locations of the following at a minimum: wetlands, 100-year floodplains, areas of woodland, existing topography, existing buildings with a description of any buildings over 70 years old, highlighting of 15% to 25% slopes and 25% and greater slopes, and any major scenic views from within the tract or from outside of the tract.

A yield plan shall be submitted to the Township by the applicant. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current Township ordinances if the open space development provisions would not be used, and instead the provisions for conventional development in the applicable zoning district would be used. The yield plan shall be completed to an accurate scale, including accurately showing the Existing Features Map information described above. The yield plan shall show potential lots, streets, and retention/detention pond locations. However, the yield plan shall not serve as, and is not required to contain, the engineering detail requirements of a preliminary subdivision plan.

The yield plan shall be reviewed by the Zoning Officer and Township Engineer, and then determined by the Planning Commission as to whether it represents a reasonably accurate estimate of the number of dwelling units possible on the site, both physically and legally. If such estimates are determined to not be accurate, the applicant shall be required by the Zoning Officer to revise the yield plan until it is accurate.

For land that is not within the AR District, the maximum number of dwelling units allowed on the tract through open space development shall be 10% greater than the number of dwelling units that is determined by the Township to be possible under the Township-accepted yield plan.

The allowed number of dwelling units may be rounded to the nearest whole number.

The yield plan shall not have any legal standing except for the purposes of determining density for an open space development.

For land within the AR District, the maximum number of dwelling units allowed on the tract through open space development shall be equal to an average of one dwelling unit for every 1.0 acre of total lot area.

All provisions of the zoning district shall apply, except for provisions that are specifically modified by this § 203-406. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded:

CO District. The minimum lot area shall be one acre (43,560 square feet). The same dimensional requirements shall apply as are provided for in conventional development in the AR District. A minimum of 60% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

AR District. The minimum lot area shall be 20,000 square feet. The same dimensional requirements shall apply as are provided for in conventional development in the R-1 District. A minimum of 40% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

R-1 District. The minimum lot area shall be 10,000 square feet. The same dimensional requirements shall apply as are provided for in conventional development in the R-2 District. A minimum of 40% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

R-2 District. The minimum lot area for single-family detached residential lots shall be reduced to 5,000 square feet. All other dimensional requirements shall remain the same as are listed for the R-3 District. A minimum of 25% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

Utilities. Any lot of less than one acre shall be served by Township-approved public sanitary sewerage service and public water service.

Subdivision of part of a tract. This Subsection C(7) addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering preserved open space to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the preserved open space requirement based upon the area of the entire tract.

The land under the conservation easement shall be a regular rectangle in shape and shall be located where it could adjoin land that would be added as preserved open space in the future if the total allowed number of dwellings would be developed.

The following hypothetical example assumes a tract includes 50 acres, and the yield plan determines that the applicant for an open space development is allowed a total of 30 new dwellings. In this example, the applicant only wishes to subdivide lots for 10 new dwellings at the present time, which is 1/3 of the total number of allowed dwellings. At the present time, only 1/3 of the open space would need to be preserved, compared to if all of the allowed housing units would be developed. However, the preserved open space would need to be placed on the tract at a location where it could be joined by the remaining acres of land under a conservation easement if the applicant in the future decided to subdivide lots for the remaining 20 dwelling units that are allowed.

A minimum of 50% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, lakes, and a maximum of one street.

The Board of Supervisors may approve the following, if the applicant proves to the satisfaction of the Board of Supervisors that such configuration would serve the purposes of this section and be in the best interests of the Township, considering the unique circumstances of the tract:

A reduction of the percentage of the preserved open space that is in one lot; or

The crossing of the preserved open space by two or more streets.

An accessway limited to emergency vehicles may also cross the preserved open space.

The Board of Supervisors may require that the majority of the required preserved open space be placed:

Adjacent to an existing or planned public or homeowner association-owned recreation area;

Adjacent to existing farmland;

At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot; or

Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.

Conditions for approval. An open space development shall only be approved if the applicant proves to the satisfaction of the Board of Supervisors, based upon review by the Planning Commission, that the following additional conditions shall be met:

That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be developed as a conventional development. Such valid public purposes include but are not limited to the following:

The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.

The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes. In such case, new dwellings shall be clustered adjacent to existing dwellings and residential zoning districts.

The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.

The provision of preserved open space in a location that will allow homes to be buffered from highly-noxious, nuisance-generating uses, such as a heavily traveled street or industrial uses. In such case, intensive landscaping and/or planting for eventual reforestation shall be provided.

The applicant shall prove that the proposed open space development has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.

At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult.

The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.

The Township may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15% wetlands, mature forests, creek valleys and other important natural features.

Preserved open space.

Preserved open space. The minimum amount of "preserved open space" shall be provided, which shall meet the requirements of this chapter and the definition of "open space, preserved."

The preserved open space requirements of this § 203-406 shall be in addition to the recreation land or fee-in-lieu of land requirements of the Township Subdivision and Land Development Ordinance (SALDO),[1] unless the applicant proves to the satisfaction of the Board of Supervisors that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

The preserved open space requirements of this § 203-406 shall not be waived through a payment of a fee in lieu of land.

Open space standards. Required preserved open spaces shall meet all of the following requirements:

Preserved open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any nonagricultural commercial purposes or the use of the land for timber harvesting, except for routine thinning of woods. Land approved as required preserved open space shall only be used for non-commercial active or passive recreation, a non-commercial community center for meetings and recreation, a nature preserve, a horse farm, a wholesale plant nursery, and/or a Township-approved agricultural use.

Improvements to open spaces. Where preserved open space is proposed to be used for recreation and/or dedicated to the Township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.

Examples of such improvements include preservation and planting of trees, development of trails, stabilization of creek banks, removal of undesirable vegetation, and grading of land for recreation (such as an informal open play field for youth).

Type of maintenance. The final subdivision plan shall state the intended type of maintenance of the open space, such as lawn areas that are regularly mowed, or natural areas for passive recreation that are intended for minimal maintenance.

All proposed preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.

The applicant shall prove that all required preserved open space would be suitable for its intended and Township-approved purposes. The Township may require the provision of a trail easement and/or the construction of a recreation trail through preserved open space. If a developer installs a trail, it shall be completed prior to the final sale of any adjacent residential lots.

Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.

Sufficient access points from each preserved open space shall be provided to streets for pedestrian access and maintenance access. The Board of Supervisors may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting Township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.

Open space ownership. The method(s) to be used to own, preserve and maintain any preserved open space shall be acceptable to the Township. The Township shall only approve an open space development if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.

The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The Township should be given right of first refusal at the time of such review to accept proposed open space as public open space. The Township shall only accept ownership of open space if the Board of Supervisors has agreed in writing in advance to accept such ownership. If the preserved open space will not be owned by the Township, then the preserved open space shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Supervisors:

Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.

Dedication to the school district if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education and/or related open space.

Dedication to a homeowners association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the non-payment of maintenance costs for preserved open space that is not publicly owned.

[a]

Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Township may delay a dedication of maintenance responsibilities by a developer to a homeowners association until such association is incorporated and able to maintain such land.

Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.

Dedication of a permanent conservation easement that results in the land being used for a Township-approved crop farming, wholesale tree farm, or an equestrian use, and which may include one of the allowed dwelling units on the lot.

Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.

Legal documents providing for ownership and/or maintenance of required preserved open space shall be reviewed by the Township Solicitor and be subject to approval by the Board of Supervisors prior to recording of the final plan.

A legally binding system shall be established to oversee and maintain land that will not be publicly owned. The applicant shall prove compliance with state law governing homeowners' associations. Proper notations shall be required on the recorded plan. For example, if the preserved open space is intended to be owned by a homeowners association as recreation land, a statement should be included that the designated open space "shall not be further subdivided and shall not be used for the construction of any non-recreation buildings."

Changes in open space uses. If the required preserved open space is proposed to be used for purposes that were not authorized in the Township zoning or final subdivision plan approval, then a revised Township approval shall be required for the changed use.

Steep slopes. Within an open space development, no principal building shall be placed on slopes of over 25%.

Phasing. The development shall include a phasing system that shall be approved by the Board of Supervisors. Such phases shall ensure that the requirements of this article will be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.

Landscaping plan. An application for an open space development involving over 10 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.

Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.

Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.

Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.

Lower Paxton Township
City Zoning Code

ARTICLE IV

Overlay Districts

§ 203-401 General.

§ 203-402 Environmental Overlay District.

Wetlands.

Wetland setbacks. A minimum setback of 25 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any "wetland."

Land disturbance shall not occur within 50 feet of the wetlands boundary.

Wetlands shall not be altered, regraded, filled, piped, diverted, or built upon except where commonwealth and federal permits have been obtained.

The application of biosolids shall not occur within the wetlands or within 100 feet of the wetlands boundary.

Steep slopes.

Slopes over 25%. A new principal building shall not be located on a slope greater than 25%.

Single-family dwellings and steep slopes. New single-family detached dwellings are permitted on slopes that are no greater than 25%.

Site plan. The site plan shall show:

The proposed lot lines;

The existing and proposed contours;

The existing and proposed building locations, and the outer perimeter of the proposed "building area" as described above.

Retaining walls.

Conservation along creeks and riparian buffers.

Standards. To the maximum feasible extent:

Any street or driveway crossing of a perennial creek shall be approximately perpendicular to the creek.

Existing healthy natural vegetation adjacent to a creek should be preserved.

Septic drain fields and sewage disposal systems shall not be permitted within the riparian corridor and shall maintain a minimum distance of 100 feet from the top of the stream bank.

Solid waste disposal facilities and junkyards shall not be permitted within 300 feet of the top of the stream bank.

Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of the stream bank.

The application of biosolids shall not be permitted within 100 feet of the top of the stream bank.

Uses prohibited in the riparian corridor.

Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted, removal of invasive species, or improvement to the riparian buffer.

Storage of any hazardous or noxious materials.

Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

Roads or driveways, except where permitted as corridor crossings.

Parking lots.

Any type of permanent structure, including fences, except structures needed for a permitted use.

Subsurface sewage disposal areas.

Sod farming.

Stormwater basins, including necessary berms and outfall facilities.

Corridor crossing areas.

The width of the right-of way should not be greater than the minimum right-of-way width required by the Lower Paxton Subdivision and Land Development Ordinance.[1]

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Crossings should be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor.

Corridor crossings should be separated by a minimum of 1,000 feet of buffer length.

Septic drain fields and sewage disposal systems shall not be permitted within the Riparian Corridor and shall maintain a minimum distance of 100 feet from the top of the stream bank.

Solid waste disposal facilities and junkyards shall not be permitted within 300 feet of the top of the stream bank.

Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of the stream bank.

The application of biosolids shall not be permitted within 100 feet of the top of the stream bank.

§ 203-403 Floodplain Overlay District.

To prevent the erection of structures in areas with a known danger from flooding.

To protect public health and safety by protecting water quality and promoting safe drainage.

To maintain a stable tax base that is not threatened by the destruction of properties.

To provide sufficient unimpeded drainage courses and prohibit the restriction of their carrying capacities so as to safely carry abnormal flows of stormwater from periods of heavy precipitation.

To encourage the utilization of appropriate construction practices which will minimize flood damage in the future.

To prevent the placement of materials which might be swept by floods onto other lands or downstream to the injury of others.

To provide areas for the deposition of sediment.

To protect people and property in other municipalities within the same watershed from the impact of improper development in floodplains and the consequent increased potential for flooding.

Relationship to other articles.

Lands in floodplains.

The FP Floodplain District is hereby defined to include all the following lands within Lower Paxton Township:

The floodplain shall consist of subdistricts as follows, if so categorized by the Official Federal Floodplain Mapping.

FE (Special Floodplain Area) - the areas identified as Zone AE in the FIS where 100-year flood elevations have been provided, but no floodway has been delineated.

Boundary disputes.

Permitted by right uses.

Forestry.

Erosion and sedimentation control measures, facilities, and structures provided no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.

Crop farming, not including buildings.

Fences of a design that does not obstruct floodwaters.

Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.

Blinds for the shooting or observation of wildlife.

Circuses, carnivals, and similar transient enterprises, provided that natural vegetative ground cover is not destroyed, removed, or covered in such a way as to create erosion or sedimentation.

Floodproofing of structures in compliance with state and federal regulations.

Water monitoring devices, docks, piers and boat launching ramps.

Utility lines.

Prohibited uses.

The following uses are prohibited in the Floodplain District:

All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.

All structures, except for those specifically allowed in this article.

Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of hazardous materials.

Grading or filling that could cause any increase in flood heights or frequency.

Damming or relocation of any watercourse, except as provided for in this article.

Fences of a type that could obstruct floodwaters.

Cemeteries for humans or animals.

Any development, structure, or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this article:

Obstruct, impede, retard, change, or increase the velocity, direction, or flow of floodwaters.

Increase the surface elevation of floods, or the frequency of floods.

Increase the surface elevation of floods, or the frequency of floods.

Hospitals.

Nursing homes.

Jails.

Prisons.

Mobile/manufactured home parks.

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides or nitrogen.

[12]

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

[17]

Pesticides (including insecticides, fungicides, and rodenticides).

[18]

Radioactive substances, insofar as such substances are not otherwise regulated.

Special exception uses.

Standards and criteria for special exceptions.

Where special exception approval is required for a use within the Floodplain District, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:

That danger to life and property due to increased flood heights, velocities, or frequencies caused by encroachments, is minimized.

That the danger that floodwaters or materials may be swept onto other lands or downstream to cause injury to others is minimized.

That a possibility of disease, contamination, and unsanitary conditions, is minimized and especially that any proposed water supply or sanitation systems are able to prevent these problems.

That the susceptibility of the proposed facility and its contents to flood damage, the effect of such damage on the individual owners, and the need for and effect of floodproofing, are minimized.

That the proposed facility and its services are important to the community.

That there are no available alternate locations not subject to flooding for the proposed use.

That the proposed use is compatible with existing and anticipated development.

That the proposed use is consistent with any floodplain management program for the area.

That the safety of access to the property in times of flooding for ordinary and emergency vehicles is assured.

That the proposed activity will not unduly alter natural water flow or water temperature.

That historic sites and structures and high quality wildlife habitats will not be degraded or destroyed.

That the natural, scenic, and aesthetic values at the proposed site will be conserved.

That the granting of the special exception will not result in any of the following:

Increases in flood heights.

Additional threats to public safety.

Extraordinary public expense.

Creation of nuisances.

Conflict with local laws or ordinances.

With any FW (Floodway Area), the following provisions apply:

Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.

No new construction or development shall be allowed, unless a permit is obtained from DEP, as applicable.

Application requirements.

A profile showing the slope of the bottom of the channel or flow line of the watercourse.

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of material, water supply facilities, and sanitary facilities.

Variances.

No variance shall be granted for any of those prohibited uses listed in sections of this article.

Variances shall only be granted upon:

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

A determination that the granting of a variance will not jeopardize Lower Paxton Township's participation in the National Flood Insurance Program.

Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Whenever a variance is granted, the Board shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board.

Editor’s Note: See 53 P.S. § 10101 et seq.

Nonconforming uses and buildings in the floodplain district.

Nonconformities.

Replacement and rebuilding.

Design and performance standards.

Regulations and reviews by other agencies.

Placement and construction of authorized uses and structures.

All authorized new residential structures shall have the lowest floor (including basement) elevated to one foot above the 100-year flood elevation as defined by this chapter.

Surface drainage. Adequate drainage shall be provided for all new development to reduce exposure to flood hazards.

Water heaters, furnaces, air conditioning, and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.

Zoning permits.

The following information is specifically required to accompany all zoning permit applications involving structures within the Floodplain District:

The elevation (in relation to mean sea level) of the lowest floor (including basement).

Whether or not the structure includes a basement.

If the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed.

Site location including address.

Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

The elevation of the 100-year flood.

The following data and documentation:

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.

Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.

The appropriate component of the DEP Planning Module for Development.

Where any excavation or grading is proposed, a plan meeting the requirements of the DEP to implement and maintain erosion and sedimentation control.

Any other applicable permits such as, but not limited to, a permit for any activity regulated by the DEP under Section 302 of Act 1978-166.

An evacuation plan which fully explains the way the site will be safety evacuated before or during the course of a 100-year flood.

§ 203-404 R-R Residential-Retirement Development ("RRD").

Location map showing the project in relation to the surrounding area;

Master concept plan of the overall RRD showing:

Property lines and easements with dimensions and area;

Approximate location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures;

The general building types and floor plans to clearly define the character of the project;

Topographic information showing existing features and conditions and proposed grading;

Landscaping plans showing open spaces, planting, existing and proposed trees and recreational area and facilities;

Existing streets, showing access to the project, proposed roads and parking layout with dimensions; and

Pedestrian circulation plan, providing for effective pedestrian travel on-site between facilities.

Written information regarding the following:

The relationship, beneficial or adverse, of the proposed development upon the physical environment and the neighborhood in which it is proposed to be established;

Whenever applicable, aspects of the RRD requiring compliance and approval of mandated state statutes or other laws shall be identified;

The manner in which such plan addresses the community need or demand for the type of housing and services proposed; and

Permitted by right uses. Only the following uses shall be permitted by right in an RRD:

Nursing home;

Assisted living facility or personal care center;

Independent retirement living apartment units;

Single-family detached dwellings;

Twin dwellings;

Townhouses;

Apartments; and

The following nonresidential uses where a RRD abuts an arterial street:

Offices;

Individual and family social services, adult day care centers, and places of worship;

Retail stores;

Restaurants, cafeterias and coffee shops;

Drug stores and pharmacies;

Financial institutions;

Beauty and barber shops;

State-licensed brew pubs and limited distilleries;

Personal services;

Hospitals, hospices or surgery centers;

Publicly owned or operated recreation areas and parks or required open space; and

Commercial indoor recreation and commercial outdoor recreation.

Conditional uses. In a RRD that does not abut an arterial street, the following uses shall be conditional uses as long as they are ancillary to a permitted use:

Office of physicians, dentists, osteopathic physicians, and other health practitioners;

Individual and family social services, including adult day care centers;

Stores selling food, gifts, and household items;

Restaurants, cafeterias and coffee shops without a separate exterior entrance;

Drug stores and pharmacies;

Financial institutions; and

Beauty and barber shops.

Overall requirements.

Standards for retail stores, restaurants, cafeterias, and coffee shops.

Where a RRD abuts an arterial street:

Only one grocery store shall be permitted, which shall not exceed 40,000 square feet of gross floor area.

Only one drug store or pharmacy shall be permitted, which shall not exceed 15,000 square feet of gross floor area.

Offices and commercial indoor recreation, and commercial outdoor recreation shall not exceed 30,000 square feet of gross floor area.

Hospitals, hospices and surgery centers exceeding 30,000 square feet of gross floor area shall be permitted only by conditional use.

Where a RRD does not abut an arterial street:

Drive-through service facilities shall be prohibited; and

No retail use shall exceed 10,000 square feet of gross floor area.

Single-family detached dwellings, Twin dwellings and townhouses qualifying under § 203-404F(2) shall incorporate the following design elements:

Each dwelling unit shall have a master bedroom and accessible bathroom located on an accessible ground floor level;

Each dwelling unit shall be located on a lot that does not exceed a lot or unit area of 9,000 square feet;

Each dwelling unit shall have at least one stepless entrance;

Each dwelling unit shall have at least 36 inches of clear passage through all exterior doors and at least 32 inches of clear passage through all interior doors, including bathroom doors; and

Elevator access shall be provided to all floors;

The apartment building complex shall include common area amenities such as a library, entertainment area, or other similar feature;

The apartment building complex shall include a fitness center or provide access to a fitness center within the RRD;

Off-street parking shall be provided in accordance with the following:

Off-street parking for nonresidential uses shall be provided in accordance with the requirements of § 203-601.

A mobile/manufactured home park shall not be developed within the RRD regulations.

The maximum impervious coverage for the overall tract of a RRD is as follows: maximum impervious coverage for the entire development after completion: 60%.

The minimum setbacks for nursing homes and personal care/assisted living facilities and all nonresidential. Uses are as follows:

Minimum lot area	N/A
Minimum lot frontage	N/A
Minimum yard setback:
Front yard	15 ft.
Side yard	10 ft.
Rear yard	25 ft.
Minimum distance between residential structures	20 ft.
Minimum distance between nonresidential structures	40 ft.

For single-family detached and twin dwelling units, the following minimum lot areas and minimum lot widths shall apply:

Bedrooms	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
1	2,750	35
2	3,700	35
3	4,200	40

For townhouses, the following requirements shall apply:

Bedrooms	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
1	1,600	18
2	1,800	20
3	2,000	22

(16)

The minimum setbacks for all other residential uses are as follows:

Minimum Yard Setbacks
Front yard	20 ft.
Side yard	5 ft., except 0 ft. at the shared lot or unit line of lawfully attached dwellings
Rear yard	20 ft.
Minimum distance between residential structures (except at the shared lot or unit line of lawfully attached dwellings)	10 ft.

(17)

	Not Adjacent to an Existing Residential Development	Adjacent to an Existing Residential Development
Front	15	30
Side	10	20
Rear	25	50

Editor’s Note: See 42 U.S.C.A. § 12101 et seq.

(20)

Maximum overall density. The maximum overall density of the residential retirement development shall be determined as follows, as calculated in acres (and decimals):

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection F(20)(a) above.

Delete 50% of the area of lands within the 100-year floodplain from Subsection F(20)(a) above.

Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection F(21) below.

The maximum overall density shall be six dwelling units per acre.

Each three beds in a nursing home or personal care center shall be counted the same as one dwelling unit for the purposes of controlling density.

Density bonuses:

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to provide a minimum of 30% of the total tract area in.

The maximum density may also be increased through use of the age-restricted housing bonus provided in Section 315.

(22)

Required open space and recreation land.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

The open space and recreation land shall be permanently preserved for open space and recreational use through deed restrictions or other appropriate restriction of record.

(23)

Vehicular and pedestrian connectivity.

Pedestrian crosswalks shall be provided in the commercial area using materials and colors that visually distinguish the crosswalk from the street surface.

(24)

Arterial streetscape buffer yard.

A minimum 35 feet wide streetscape buffer yard with screen plantings shall be required along arterial streets.

Building facades.

Any portico, colonnade, porch or other building projection that is supported by the above mentioned pilasters, piers or columns shall extend at least eight feet from the building.

Roofs.

Combination of age-restricted and non-age-restricted development areas.

For dwellings that are not age-restricted or qualify under § 203-404F(2), above, the parking requirements of Article IX shall apply instead of the parking standards for § 203-404.

§ 203-405 Traditional Neighborhood Development Overlay District (TND).

Purposes. Traditional Neighborhood Development ("TND") is primarily intended to:

Encourage new development to occur in a manner that will be consistent with the traditional patterns and scale of development and mix of uses that occurred in the region before 1946;

Promote a mix of diverse but compatible types of neighborhood development;

Avoid development that would be inconsistent with the character of the community, and could cause inefficient patterns of sprawled development;

Provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts between vehicles backing out of garages across sidewalks;

Encourage persons to live, work, shop, attend religious services and enjoy recreation within the Township;

Encourage the creation of a sense of place, feelings of belonging and a community spirit that promotes social interaction and volunteerism;

Encourage the location of principal nonresidential uses with distinguished architectural features at prominent locations around a central commons, to serve as a focal point for the development;

Serve the purposes for traditional neighborhood development as listed in the State Municipalities Planning Code,[1] as amended;

Editor’s Note: See 53 P.S. § 10101 et seq.

Promote the placement of new single-family detached dwellings abutting preexisting single-family detached dwellings on abutting lots, when feasible.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Editor’s Note: The Zoning Map is included as an attachment to this chapter.

Master plan for a TND.

The master plan shall be fully coordinated with any existing, proposed or approved development on adjacent land, including providing for pedestrian and bicycle access to adjacent tracts.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Overall requirements. A TND shall meet all of the following requirements:

All streets and alleys shall have a right-of-way, whether public or private.

A rear landscaped shared parking court or shared carport structure;

A garage placed towards the rear of the lot, with a side driveway that is of minimal width within the front yard and then widens in front of the garage;

A detached rear garage or rear individual parking pad or side-entry garage accessed from a rear alley or side street;

Decks built to extend over garages or over driveways leading to garages; or

The materials, depths and cross-sections of the sidewalks and crosswalks shall be subject to approval by the Township, after review by the Township Engineer.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

If a new TND is proposed adjacent to a previously approved TND, and if the first TND included a commercial area, then the second TND is not required to include commercial uses.

Bulb-out curbs, raised textured crosswalks and similar traffic calming measures are encouraged to be used in the main street area.

Housing types.

The allowed housing types within a TND are listed in this article.

A minimum of 30% of the dwelling units shall be single-family detached dwellings.

Any alleys shall be maintained by a legally binding homeowners association, at no expense to the Township.

The architectural provisions shall promote use of front or side porches, and be designed to minimize the visual impact of garage doors as viewed from a street.

The architectural provisions shall promote varied rooflines, overhangs and/or setbacks along attached dwelling units.

Buildings of over 150 feet in length shall be designed to have the appearance of smaller connected buildings.

Allowed uses.

The following uses shall be allowed within an approved traditional neighborhood development, provided all the uses are consistent with the overall master plan:

Single-family detached dwellings.

Twin dwellings, side-by-side, with each dwelling on its own fee-simple or condominium lot.

Townhouses, with each dwelling on its own fee-simple or condominium lot.

Places of worship*.

Public transit passenger shelters.

Library, community center, post office* and museum*.

Child or adult day care as a principal use or as an accessory.

Nursing home* or assisted living/personal care center*, which shall not exceed 10% of the total tract area of the development.

Offices*.

Meeting facility for a membership club*.

Exercise club* or hotel/bed-and-breakfast inn with a maximum of 30 guest rooms*

Indoor or outdoor noncommercial recreation facilities owned by the Township or a property owner association.

Preserved open space or a nature preserve.

Golf course with a minimum acreage of 50 acres.

(r)

A second dwelling unit in an allowed single-family detached dwelling building or above the garage of a single-family detached dwelling, provided:

No more than 5% of such dwellings shall have a second dwelling unit;

The locations of the lots allowed to have a second dwelling unit shall be designated on the master plan; and

The second dwelling unit shall not include more than 1,000 square feet of habitable indoor floor area and shall not include more than two bedrooms.

Preserved open space.

A minimum of 20% of the total lot area of the tract shall be permanent preserved open space.

Two golf putting greens.

Two regulation-sized tennis courts.

One full or two half basketball courts.

An outdoor amphitheater that allows seating by a minimum of 100 people and is used for outdoor music concerts, at a minimum, and which does not involve shows with a mandatory admission charge.

A swimming pool.

A roofed picnic pavilion with tables and seating for a minimum of 40 persons.

A fitness center with a variety of exercise machines.

An open grass generally level play field with a minimum length of 100 feet and a minimum width of 50 feet that allows for unscheduled informal sports by young persons.

An improved area near the commercial main street area that is suitable for special events, including both hard-surfaced and landscaped areas and benches.

[10]

A decorative water fountain or waterfall of sufficient size and scope so as to be a focal point of the community, located at or near the commercial main street.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

A landscaping plan for the preserved open space shall be prepared by a registered landscape architect.

At least a portion of the preserved open space shall be provided within at least one central commons with a minimum lot area of 20,000 square feet.

The required central commons shall have a minimum width and minimum length of 60 feet.

The required central commons shall include benches of durable construction and hard surface pathways. The majority of the pathways in a central commons shall be ADA accessible.

Dimensional requirements.

Single-family detached dwellings:**

Minimum lot area: 5,000 square feet. See provisions in § 203-405D(7) that require larger lot sizes adjacent to certain pre-existing single-family detached dwellings.

Minimum lot width at the minimum building setback line: 40 feet, except 50 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Twin dwelling unit:**

Minimum lot area: 4,500 square feet.

Minimum lot width at the minimum building setback line: 30 feet, except 40 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Townhouse dwelling unit:**

Minimum lot area: 2,000 square feet.

Minimum dwelling unit width at the front of the enclosed dwelling unit: 18 feet, except 24 feet if garage door(s) for two or more vehicles will face onto the front of the dwelling along a street.

Maximum number of connected townhouse dwellings: eight.

Minimum separation distance between each set of townhouses: 20 feet.

Minimum lot area: 5,000 square feet.

Minimum lot width at the minimum building setback line: 30 feet.

Maximum building coverage for each phase of the TND after completion: 40%.

Building setbacks/yards** (along a street, minimum yards shall be measured from the proposed future/ultimate right-of-way):

Front yard and side yard from a local street: minimum five feet, maximum 30 feet from a new local street.

Front yard or side yard from a collector street: minimum 10 feet, maximum 35 feet from a new collector street.

Any yard from an arterial street: minimum 30 feet, except minimum of 10 feet if the arterial street is integrated into the commercial portion of the development.

Rear yard for a principal nonresidential building: minimum 30 feet.

Two front yards for corner lots are required.

Swimming pools and accessory buildings that are not vehicle garages shall have a minimum side yard and rear yard setback of three feet.

A maximum of 20% of the single-family detached, twin or townhouse dwelling units are not required to have a minimum lot width directly along a street right-of-way, provided each dwelling unit:

Has a minimum lot width of 20 feet along an alley; and

Fronts upon a landscaped common open space with a paved or concrete sidewalk or pathway that provides pedestrian access to a street.

A maximum of five feet of the required front yard setback may be used for an unenclosed front porch, stoop, steps, handicapped ramp, awning, or canopy.

Maximum overall density. The maximum overall density of the traditional neighborhood development shall be determined as follows, as calculated in acres (and decimals):

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection G(8)(a) above.

Delete 50% of the area of lands within the 100-year floodplain from subsection above.

Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection G(9) below.

For acreage in the AR Agricultural Residential District: two dwelling units per acre.

For acreage in the R-1 District: four dwelling units per acre.

For acreage in the R-2 District: six dwelling units per acre.

Each three beds in a nursing home or personal care center shall be counted the same as one dwelling unit for the purposes of controlling density.

Density bonuses:

As an option to the applicant, the applicant may apply for conditional use approval from the Board of Supervisors to approve the following increases in the maximum density provided in Subsection G(8) above. In such case, only the increase in density shall need conditional use approval.

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to provide a minimum of 30% of the total tract area in common open space.

The maximum density may also be increased through use of the age-restricted housing bonus provided in this article.

Maximum building height: 45 feet or three stories, whichever is more restrictive.

Landscaping and street trees.

If the applicant proves that such number of parking spaces could be legally accommodated along the street, considering the locations of driveways, fire hydrants and street corners.

Note: Required parking may also be reduced particularly for shared parking among uses.

Deed restrictions/covenants. The applicant shall submit a written statement of the proposed substance of deed restrictions or similar controls that would affect matters addressed in this chapter.

For example, the Board of Supervisors may approve reduced street cartway widths, street right-of-way widths and street curve radii.

The Board of Supervisors may also defer certain submission requirements from the preliminary to the final plan stage.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Editor’s Note: See 53 P.S. § 10101 et seq.

Construction of the TND project must be phased so that:

No more than 50% of the building permits for residential dwelling units may be issued until at least 65% of the total nonresidential floor area is constructed.

§ 203-406 Open Space Development Overlay District.

Purposes. To allow reasonable amounts of flexibility in site planning of residential development to:

Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation,

Avoid severely increased storm water flows and speeds,

Preserve areas of prime farmland,

Provide additional recreation land,

Steer development to those areas that are more physically suited for it,

Avoid construction of steep roads that are difficult, time consuming, and expensive to maintain and plow snow upon,

Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice,

Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats,

Reduce construction costs and municipal maintenance costs,

Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer, and

No open space shall be less than two acres.

Each residential lot shall be within 300 feet walking distance of either public recreation or common open space.

A minimum of 15% of the required open space shall exceed 6% slope.

The required open space may not include streets, stormwater detention ponds, or private yards.

All open space must be physically accessible by the residents from the street or a pedestrian walkway.

Wherever possible, required open space should be left in its natural, vegetative state with the exception of view from the public street must be maintained.

Procedures.

The applicant and Township officials are strongly encouraged to walk the tract after a detailed existing features map has been provided to the Township, but before the site layout has been finalized.

Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan, except within the AR District.

The allowed number of dwelling units may be rounded to the nearest whole number.

The yield plan shall not have any legal standing except for the purposes of determining density for an open space development.

Utilities. Any lot of less than one acre shall be served by Township-approved public sanitary sewerage service and public water service.

A minimum of 50% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, lakes, and a maximum of one street.

A reduction of the percentage of the preserved open space that is in one lot; or

The crossing of the preserved open space by two or more streets.

An accessway limited to emergency vehicles may also cross the preserved open space.

The Board of Supervisors may require that the majority of the required preserved open space be placed:

Adjacent to an existing or planned public or homeowner association-owned recreation area;

Adjacent to existing farmland;

At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot; or

Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.

The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.

The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.

The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.

Preserved open space.

Preserved open space. The minimum amount of "preserved open space" shall be provided, which shall meet the requirements of this chapter and the definition of "open space, preserved."

Editor’s Note: See Ch. 180, Subdivision and Land Development.

The preserved open space requirements of this § 203-406 shall not be waived through a payment of a fee in lieu of land.

Open space standards. Required preserved open spaces shall meet all of the following requirements:

Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.

Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.

Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.

Steep slopes. Within an open space development, no principal building shall be placed on slopes of over 25%.

Landscaping plan. An application for an open space development involving over 10 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.

Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.

Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.

Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.

Lower Paxton Township
City Zoning Code

ARTICLE IV

Overlay Districts

§ 203-401 General.

§ 203-402 Environmental Overlay District.

Wetlands.

Wetland setbacks. A minimum setback of 25 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any "wetland."

Land disturbance shall not occur within 50 feet of the wetlands boundary.

Wetlands shall not be altered, regraded, filled, piped, diverted, or built upon except where commonwealth and federal permits have been obtained.

The application of biosolids shall not occur within the wetlands or within 100 feet of the wetlands boundary.

Steep slopes.

Slopes over 25%. A new principal building shall not be located on a slope greater than 25%.

Single-family dwellings and steep slopes. New single-family detached dwellings are permitted on slopes that are no greater than 25%.

Site plan. The site plan shall show:

The proposed lot lines;

The existing and proposed contours;

The existing and proposed building locations, and the outer perimeter of the proposed "building area" as described above.

Retaining walls.

Conservation along creeks and riparian buffers.

Standards. To the maximum feasible extent:

Any street or driveway crossing of a perennial creek shall be approximately perpendicular to the creek.

Existing healthy natural vegetation adjacent to a creek should be preserved.

Septic drain fields and sewage disposal systems shall not be permitted within the riparian corridor and shall maintain a minimum distance of 100 feet from the top of the stream bank.

Solid waste disposal facilities and junkyards shall not be permitted within 300 feet of the top of the stream bank.

Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of the stream bank.

The application of biosolids shall not be permitted within 100 feet of the top of the stream bank.

Uses prohibited in the riparian corridor.

Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted, removal of invasive species, or improvement to the riparian buffer.

Storage of any hazardous or noxious materials.

Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

Roads or driveways, except where permitted as corridor crossings.

Parking lots.

Any type of permanent structure, including fences, except structures needed for a permitted use.

Subsurface sewage disposal areas.

Sod farming.

Stormwater basins, including necessary berms and outfall facilities.

Corridor crossing areas.

The width of the right-of way should not be greater than the minimum right-of-way width required by the Lower Paxton Subdivision and Land Development Ordinance.[1]

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Crossings should be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor.

Corridor crossings should be separated by a minimum of 1,000 feet of buffer length.

Septic drain fields and sewage disposal systems shall not be permitted within the Riparian Corridor and shall maintain a minimum distance of 100 feet from the top of the stream bank.

Solid waste disposal facilities and junkyards shall not be permitted within 300 feet of the top of the stream bank.

Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of the stream bank.

The application of biosolids shall not be permitted within 100 feet of the top of the stream bank.

§ 203-403 Floodplain Overlay District.

To prevent the erection of structures in areas with a known danger from flooding.

To protect public health and safety by protecting water quality and promoting safe drainage.

To maintain a stable tax base that is not threatened by the destruction of properties.

To provide sufficient unimpeded drainage courses and prohibit the restriction of their carrying capacities so as to safely carry abnormal flows of stormwater from periods of heavy precipitation.

To encourage the utilization of appropriate construction practices which will minimize flood damage in the future.

To prevent the placement of materials which might be swept by floods onto other lands or downstream to the injury of others.

To provide areas for the deposition of sediment.

To protect people and property in other municipalities within the same watershed from the impact of improper development in floodplains and the consequent increased potential for flooding.

Relationship to other articles.

Lands in floodplains.

The FP Floodplain District is hereby defined to include all the following lands within Lower Paxton Township:

The floodplain shall consist of subdistricts as follows, if so categorized by the Official Federal Floodplain Mapping.

FE (Special Floodplain Area) - the areas identified as Zone AE in the FIS where 100-year flood elevations have been provided, but no floodway has been delineated.

Boundary disputes.

Permitted by right uses.

Forestry.

Erosion and sedimentation control measures, facilities, and structures provided no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.

Crop farming, not including buildings.

Fences of a design that does not obstruct floodwaters.

Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.

Blinds for the shooting or observation of wildlife.

Circuses, carnivals, and similar transient enterprises, provided that natural vegetative ground cover is not destroyed, removed, or covered in such a way as to create erosion or sedimentation.

Floodproofing of structures in compliance with state and federal regulations.

Water monitoring devices, docks, piers and boat launching ramps.

Utility lines.

Prohibited uses.

The following uses are prohibited in the Floodplain District:

All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.

All structures, except for those specifically allowed in this article.

Sanitary landfills, dumps, junk and salvage yards, and outdoor storage of hazardous materials.

Grading or filling that could cause any increase in flood heights or frequency.

Damming or relocation of any watercourse, except as provided for in this article.

Fences of a type that could obstruct floodwaters.

Cemeteries for humans or animals.

Any development, structure, or use which may, whether alone or in combination with others, and except where specifically authorized elsewhere in this article:

Obstruct, impede, retard, change, or increase the velocity, direction, or flow of floodwaters.

Increase the surface elevation of floods, or the frequency of floods.

Increase the surface elevation of floods, or the frequency of floods.

Hospitals.

Nursing homes.

Jails.

Prisons.

Mobile/manufactured home parks.

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides or nitrogen.

[12]

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

[17]

Pesticides (including insecticides, fungicides, and rodenticides).

[18]

Radioactive substances, insofar as such substances are not otherwise regulated.

Special exception uses.

Standards and criteria for special exceptions.

Where special exception approval is required for a use within the Floodplain District, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:

That danger to life and property due to increased flood heights, velocities, or frequencies caused by encroachments, is minimized.

That the danger that floodwaters or materials may be swept onto other lands or downstream to cause injury to others is minimized.

That a possibility of disease, contamination, and unsanitary conditions, is minimized and especially that any proposed water supply or sanitation systems are able to prevent these problems.

That the susceptibility of the proposed facility and its contents to flood damage, the effect of such damage on the individual owners, and the need for and effect of floodproofing, are minimized.

That the proposed facility and its services are important to the community.

That there are no available alternate locations not subject to flooding for the proposed use.

That the proposed use is compatible with existing and anticipated development.

That the proposed use is consistent with any floodplain management program for the area.

That the safety of access to the property in times of flooding for ordinary and emergency vehicles is assured.

That the proposed activity will not unduly alter natural water flow or water temperature.

That historic sites and structures and high quality wildlife habitats will not be degraded or destroyed.

That the natural, scenic, and aesthetic values at the proposed site will be conserved.

That the granting of the special exception will not result in any of the following:

Increases in flood heights.

Additional threats to public safety.

Extraordinary public expense.

Creation of nuisances.

Conflict with local laws or ordinances.

With any FW (Floodway Area), the following provisions apply:

Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.

No new construction or development shall be allowed, unless a permit is obtained from DEP, as applicable.

Application requirements.

A profile showing the slope of the bottom of the channel or flow line of the watercourse.

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of material, water supply facilities, and sanitary facilities.

Variances.

No variance shall be granted for any of those prohibited uses listed in sections of this article.

Variances shall only be granted upon:

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

A determination that the granting of a variance will not jeopardize Lower Paxton Township's participation in the National Flood Insurance Program.

Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Whenever a variance is granted, the Board shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board.

Editor’s Note: See 53 P.S. § 10101 et seq.

Nonconforming uses and buildings in the floodplain district.

Nonconformities.

Replacement and rebuilding.

Design and performance standards.

Regulations and reviews by other agencies.

Placement and construction of authorized uses and structures.

All authorized new residential structures shall have the lowest floor (including basement) elevated to one foot above the 100-year flood elevation as defined by this chapter.

Surface drainage. Adequate drainage shall be provided for all new development to reduce exposure to flood hazards.

Water heaters, furnaces, air conditioning, and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.

Zoning permits.

The following information is specifically required to accompany all zoning permit applications involving structures within the Floodplain District:

The elevation (in relation to mean sea level) of the lowest floor (including basement).

Whether or not the structure includes a basement.

If the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed.

Site location including address.

Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

The elevation of the 100-year flood.

The following data and documentation:

Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.

Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.

The appropriate component of the DEP Planning Module for Development.

Where any excavation or grading is proposed, a plan meeting the requirements of the DEP to implement and maintain erosion and sedimentation control.

Any other applicable permits such as, but not limited to, a permit for any activity regulated by the DEP under Section 302 of Act 1978-166.

An evacuation plan which fully explains the way the site will be safety evacuated before or during the course of a 100-year flood.

§ 203-404 R-R Residential-Retirement Development ("RRD").

Location map showing the project in relation to the surrounding area;

Master concept plan of the overall RRD showing:

Property lines and easements with dimensions and area;

Approximate location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures;

The general building types and floor plans to clearly define the character of the project;

Topographic information showing existing features and conditions and proposed grading;

Landscaping plans showing open spaces, planting, existing and proposed trees and recreational area and facilities;

Existing streets, showing access to the project, proposed roads and parking layout with dimensions; and

Pedestrian circulation plan, providing for effective pedestrian travel on-site between facilities.

Written information regarding the following:

The relationship, beneficial or adverse, of the proposed development upon the physical environment and the neighborhood in which it is proposed to be established;

Whenever applicable, aspects of the RRD requiring compliance and approval of mandated state statutes or other laws shall be identified;

The manner in which such plan addresses the community need or demand for the type of housing and services proposed; and

Permitted by right uses. Only the following uses shall be permitted by right in an RRD:

Nursing home;

Assisted living facility or personal care center;

Independent retirement living apartment units;

Single-family detached dwellings;

Twin dwellings;

Townhouses;

Apartments; and

The following nonresidential uses where a RRD abuts an arterial street:

Offices;

Individual and family social services, adult day care centers, and places of worship;

Retail stores;

Restaurants, cafeterias and coffee shops;

Drug stores and pharmacies;

Financial institutions;

Beauty and barber shops;

State-licensed brew pubs and limited distilleries;

Personal services;

Hospitals, hospices or surgery centers;

Publicly owned or operated recreation areas and parks or required open space; and

Commercial indoor recreation and commercial outdoor recreation.

Conditional uses. In a RRD that does not abut an arterial street, the following uses shall be conditional uses as long as they are ancillary to a permitted use:

Office of physicians, dentists, osteopathic physicians, and other health practitioners;

Individual and family social services, including adult day care centers;

Stores selling food, gifts, and household items;

Restaurants, cafeterias and coffee shops without a separate exterior entrance;

Drug stores and pharmacies;

Financial institutions; and

Beauty and barber shops.

Overall requirements.

Standards for retail stores, restaurants, cafeterias, and coffee shops.

Where a RRD abuts an arterial street:

Only one grocery store shall be permitted, which shall not exceed 40,000 square feet of gross floor area.

Only one drug store or pharmacy shall be permitted, which shall not exceed 15,000 square feet of gross floor area.

Offices and commercial indoor recreation, and commercial outdoor recreation shall not exceed 30,000 square feet of gross floor area.

Hospitals, hospices and surgery centers exceeding 30,000 square feet of gross floor area shall be permitted only by conditional use.

Where a RRD does not abut an arterial street:

Drive-through service facilities shall be prohibited; and

No retail use shall exceed 10,000 square feet of gross floor area.

Single-family detached dwellings, Twin dwellings and townhouses qualifying under § 203-404F(2) shall incorporate the following design elements:

Each dwelling unit shall have a master bedroom and accessible bathroom located on an accessible ground floor level;

Each dwelling unit shall be located on a lot that does not exceed a lot or unit area of 9,000 square feet;

Each dwelling unit shall have at least one stepless entrance;

Each dwelling unit shall have at least 36 inches of clear passage through all exterior doors and at least 32 inches of clear passage through all interior doors, including bathroom doors; and

Elevator access shall be provided to all floors;

The apartment building complex shall include common area amenities such as a library, entertainment area, or other similar feature;

The apartment building complex shall include a fitness center or provide access to a fitness center within the RRD;

Off-street parking shall be provided in accordance with the following:

Off-street parking for nonresidential uses shall be provided in accordance with the requirements of § 203-601.

A mobile/manufactured home park shall not be developed within the RRD regulations.

The maximum impervious coverage for the overall tract of a RRD is as follows: maximum impervious coverage for the entire development after completion: 60%.

The minimum setbacks for nursing homes and personal care/assisted living facilities and all nonresidential. Uses are as follows:

Minimum lot area	N/A
Minimum lot frontage	N/A
Minimum yard setback:
Front yard	15 ft.
Side yard	10 ft.
Rear yard	25 ft.
Minimum distance between residential structures	20 ft.
Minimum distance between nonresidential structures	40 ft.

For single-family detached and twin dwelling units, the following minimum lot areas and minimum lot widths shall apply:

Bedrooms	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
1	2,750	35
2	3,700	35
3	4,200	40

For townhouses, the following requirements shall apply:

Bedrooms	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
1	1,600	18
2	1,800	20
3	2,000	22

(16)

The minimum setbacks for all other residential uses are as follows:

Minimum Yard Setbacks
Front yard	20 ft.
Side yard	5 ft., except 0 ft. at the shared lot or unit line of lawfully attached dwellings
Rear yard	20 ft.
Minimum distance between residential structures (except at the shared lot or unit line of lawfully attached dwellings)	10 ft.

(17)

	Not Adjacent to an Existing Residential Development	Adjacent to an Existing Residential Development
Front	15	30
Side	10	20
Rear	25	50

Editor’s Note: See 42 U.S.C.A. § 12101 et seq.

(20)

Maximum overall density. The maximum overall density of the residential retirement development shall be determined as follows, as calculated in acres (and decimals):

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection F(20)(a) above.

Delete 50% of the area of lands within the 100-year floodplain from Subsection F(20)(a) above.

Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection F(21) below.

The maximum overall density shall be six dwelling units per acre.

Each three beds in a nursing home or personal care center shall be counted the same as one dwelling unit for the purposes of controlling density.

Density bonuses:

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to provide a minimum of 30% of the total tract area in.

The maximum density may also be increased through use of the age-restricted housing bonus provided in Section 315.

(22)

Required open space and recreation land.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

The open space and recreation land shall be permanently preserved for open space and recreational use through deed restrictions or other appropriate restriction of record.

(23)

Vehicular and pedestrian connectivity.

Pedestrian crosswalks shall be provided in the commercial area using materials and colors that visually distinguish the crosswalk from the street surface.

(24)

Arterial streetscape buffer yard.

A minimum 35 feet wide streetscape buffer yard with screen plantings shall be required along arterial streets.

Building facades.

Any portico, colonnade, porch or other building projection that is supported by the above mentioned pilasters, piers or columns shall extend at least eight feet from the building.

Roofs.

Combination of age-restricted and non-age-restricted development areas.

For dwellings that are not age-restricted or qualify under § 203-404F(2), above, the parking requirements of Article IX shall apply instead of the parking standards for § 203-404.

§ 203-405 Traditional Neighborhood Development Overlay District (TND).

Purposes. Traditional Neighborhood Development ("TND") is primarily intended to:

Encourage new development to occur in a manner that will be consistent with the traditional patterns and scale of development and mix of uses that occurred in the region before 1946;

Promote a mix of diverse but compatible types of neighborhood development;

Avoid development that would be inconsistent with the character of the community, and could cause inefficient patterns of sprawled development;

Provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts between vehicles backing out of garages across sidewalks;

Encourage persons to live, work, shop, attend religious services and enjoy recreation within the Township;

Encourage the creation of a sense of place, feelings of belonging and a community spirit that promotes social interaction and volunteerism;

Encourage the location of principal nonresidential uses with distinguished architectural features at prominent locations around a central commons, to serve as a focal point for the development;

Serve the purposes for traditional neighborhood development as listed in the State Municipalities Planning Code,[1] as amended;

Editor’s Note: See 53 P.S. § 10101 et seq.

Promote the placement of new single-family detached dwellings abutting preexisting single-family detached dwellings on abutting lots, when feasible.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Editor’s Note: The Zoning Map is included as an attachment to this chapter.

Master plan for a TND.

The master plan shall be fully coordinated with any existing, proposed or approved development on adjacent land, including providing for pedestrian and bicycle access to adjacent tracts.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Overall requirements. A TND shall meet all of the following requirements:

All streets and alleys shall have a right-of-way, whether public or private.

A rear landscaped shared parking court or shared carport structure;

A garage placed towards the rear of the lot, with a side driveway that is of minimal width within the front yard and then widens in front of the garage;

A detached rear garage or rear individual parking pad or side-entry garage accessed from a rear alley or side street;

Decks built to extend over garages or over driveways leading to garages; or

The materials, depths and cross-sections of the sidewalks and crosswalks shall be subject to approval by the Township, after review by the Township Engineer.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

If a new TND is proposed adjacent to a previously approved TND, and if the first TND included a commercial area, then the second TND is not required to include commercial uses.

Bulb-out curbs, raised textured crosswalks and similar traffic calming measures are encouraged to be used in the main street area.

Housing types.

The allowed housing types within a TND are listed in this article.

A minimum of 30% of the dwelling units shall be single-family detached dwellings.

Any alleys shall be maintained by a legally binding homeowners association, at no expense to the Township.

The architectural provisions shall promote use of front or side porches, and be designed to minimize the visual impact of garage doors as viewed from a street.

The architectural provisions shall promote varied rooflines, overhangs and/or setbacks along attached dwelling units.

Buildings of over 150 feet in length shall be designed to have the appearance of smaller connected buildings.

Allowed uses.

The following uses shall be allowed within an approved traditional neighborhood development, provided all the uses are consistent with the overall master plan:

Single-family detached dwellings.

Twin dwellings, side-by-side, with each dwelling on its own fee-simple or condominium lot.

Townhouses, with each dwelling on its own fee-simple or condominium lot.

Places of worship*.

Public transit passenger shelters.

Library, community center, post office* and museum*.

Child or adult day care as a principal use or as an accessory.

Nursing home* or assisted living/personal care center*, which shall not exceed 10% of the total tract area of the development.

Offices*.

Meeting facility for a membership club*.

Exercise club* or hotel/bed-and-breakfast inn with a maximum of 30 guest rooms*

Indoor or outdoor noncommercial recreation facilities owned by the Township or a property owner association.

Preserved open space or a nature preserve.

Golf course with a minimum acreage of 50 acres.

(r)

A second dwelling unit in an allowed single-family detached dwelling building or above the garage of a single-family detached dwelling, provided:

No more than 5% of such dwellings shall have a second dwelling unit;

The locations of the lots allowed to have a second dwelling unit shall be designated on the master plan; and

The second dwelling unit shall not include more than 1,000 square feet of habitable indoor floor area and shall not include more than two bedrooms.

Preserved open space.

A minimum of 20% of the total lot area of the tract shall be permanent preserved open space.

Two golf putting greens.

Two regulation-sized tennis courts.

One full or two half basketball courts.

An outdoor amphitheater that allows seating by a minimum of 100 people and is used for outdoor music concerts, at a minimum, and which does not involve shows with a mandatory admission charge.

A swimming pool.

A roofed picnic pavilion with tables and seating for a minimum of 40 persons.

A fitness center with a variety of exercise machines.

An open grass generally level play field with a minimum length of 100 feet and a minimum width of 50 feet that allows for unscheduled informal sports by young persons.

An improved area near the commercial main street area that is suitable for special events, including both hard-surfaced and landscaped areas and benches.

[10]

A decorative water fountain or waterfall of sufficient size and scope so as to be a focal point of the community, located at or near the commercial main street.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

A landscaping plan for the preserved open space shall be prepared by a registered landscape architect.

At least a portion of the preserved open space shall be provided within at least one central commons with a minimum lot area of 20,000 square feet.

The required central commons shall have a minimum width and minimum length of 60 feet.

The required central commons shall include benches of durable construction and hard surface pathways. The majority of the pathways in a central commons shall be ADA accessible.

Dimensional requirements.

Single-family detached dwellings:**

Minimum lot area: 5,000 square feet. See provisions in § 203-405D(7) that require larger lot sizes adjacent to certain pre-existing single-family detached dwellings.

Minimum lot width at the minimum building setback line: 40 feet, except 50 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Twin dwelling unit:**

Minimum lot area: 4,500 square feet.

Minimum lot width at the minimum building setback line: 30 feet, except 40 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Townhouse dwelling unit:**

Minimum lot area: 2,000 square feet.

Minimum dwelling unit width at the front of the enclosed dwelling unit: 18 feet, except 24 feet if garage door(s) for two or more vehicles will face onto the front of the dwelling along a street.

Maximum number of connected townhouse dwellings: eight.

Minimum separation distance between each set of townhouses: 20 feet.

Minimum lot area: 5,000 square feet.

Minimum lot width at the minimum building setback line: 30 feet.

Maximum building coverage for each phase of the TND after completion: 40%.

Building setbacks/yards** (along a street, minimum yards shall be measured from the proposed future/ultimate right-of-way):

Front yard and side yard from a local street: minimum five feet, maximum 30 feet from a new local street.

Front yard or side yard from a collector street: minimum 10 feet, maximum 35 feet from a new collector street.

Any yard from an arterial street: minimum 30 feet, except minimum of 10 feet if the arterial street is integrated into the commercial portion of the development.

Rear yard for a principal nonresidential building: minimum 30 feet.

Two front yards for corner lots are required.

Swimming pools and accessory buildings that are not vehicle garages shall have a minimum side yard and rear yard setback of three feet.

A maximum of 20% of the single-family detached, twin or townhouse dwelling units are not required to have a minimum lot width directly along a street right-of-way, provided each dwelling unit:

Has a minimum lot width of 20 feet along an alley; and

Fronts upon a landscaped common open space with a paved or concrete sidewalk or pathway that provides pedestrian access to a street.

A maximum of five feet of the required front yard setback may be used for an unenclosed front porch, stoop, steps, handicapped ramp, awning, or canopy.

Maximum overall density. The maximum overall density of the traditional neighborhood development shall be determined as follows, as calculated in acres (and decimals):

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection G(8)(a) above.

Delete 50% of the area of lands within the 100-year floodplain from subsection above.

Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection G(9) below.

For acreage in the AR Agricultural Residential District: two dwelling units per acre.

For acreage in the R-1 District: four dwelling units per acre.

For acreage in the R-2 District: six dwelling units per acre.

Each three beds in a nursing home or personal care center shall be counted the same as one dwelling unit for the purposes of controlling density.

Density bonuses:

As an option to the applicant, the applicant may apply for conditional use approval from the Board of Supervisors to approve the following increases in the maximum density provided in Subsection G(8) above. In such case, only the increase in density shall need conditional use approval.

The maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre if the applicant commits to provide a minimum of 30% of the total tract area in common open space.

The maximum density may also be increased through use of the age-restricted housing bonus provided in this article.

Maximum building height: 45 feet or three stories, whichever is more restrictive.

Landscaping and street trees.

If the applicant proves that such number of parking spaces could be legally accommodated along the street, considering the locations of driveways, fire hydrants and street corners.

Note: Required parking may also be reduced particularly for shared parking among uses.

Deed restrictions/covenants. The applicant shall submit a written statement of the proposed substance of deed restrictions or similar controls that would affect matters addressed in this chapter.

For example, the Board of Supervisors may approve reduced street cartway widths, street right-of-way widths and street curve radii.

The Board of Supervisors may also defer certain submission requirements from the preliminary to the final plan stage.

Editor’s Note: See Ch. 180, Subdivision and Land Development.

Editor’s Note: See 53 P.S. § 10101 et seq.

Construction of the TND project must be phased so that:

No more than 50% of the building permits for residential dwelling units may be issued until at least 65% of the total nonresidential floor area is constructed.

§ 203-406 Open Space Development Overlay District.

Purposes. To allow reasonable amounts of flexibility in site planning of residential development to:

Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation,

Avoid severely increased storm water flows and speeds,

Preserve areas of prime farmland,

Provide additional recreation land,

Steer development to those areas that are more physically suited for it,

Avoid construction of steep roads that are difficult, time consuming, and expensive to maintain and plow snow upon,

Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice,

Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats,

Reduce construction costs and municipal maintenance costs,

Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer, and

No open space shall be less than two acres.

Each residential lot shall be within 300 feet walking distance of either public recreation or common open space.

A minimum of 15% of the required open space shall exceed 6% slope.

The required open space may not include streets, stormwater detention ponds, or private yards.

All open space must be physically accessible by the residents from the street or a pedestrian walkway.

Wherever possible, required open space should be left in its natural, vegetative state with the exception of view from the public street must be maintained.

Procedures.

The applicant and Township officials are strongly encouraged to walk the tract after a detailed existing features map has been provided to the Township, but before the site layout has been finalized.

Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan, except within the AR District.

The allowed number of dwelling units may be rounded to the nearest whole number.

The yield plan shall not have any legal standing except for the purposes of determining density for an open space development.

Utilities. Any lot of less than one acre shall be served by Township-approved public sanitary sewerage service and public water service.

A minimum of 50% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, lakes, and a maximum of one street.

A reduction of the percentage of the preserved open space that is in one lot; or

The crossing of the preserved open space by two or more streets.

An accessway limited to emergency vehicles may also cross the preserved open space.

The Board of Supervisors may require that the majority of the required preserved open space be placed:

Adjacent to an existing or planned public or homeowner association-owned recreation area;

Adjacent to existing farmland;

At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot; or

Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.

The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.

The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.

The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.

Preserved open space.

Preserved open space. The minimum amount of "preserved open space" shall be provided, which shall meet the requirements of this chapter and the definition of "open space, preserved."

Editor’s Note: See Ch. 180, Subdivision and Land Development.

The preserved open space requirements of this § 203-406 shall not be waived through a payment of a fee in lieu of land.

Open space standards. Required preserved open spaces shall meet all of the following requirements:

Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.

Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.

Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.

Steep slopes. Within an open space development, no principal building shall be placed on slopes of over 25%.

Landscaping plan. An application for an open space development involving over 10 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.

Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.

Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.