Rapho Township City Zoning Code
ARTICLE IV
Overlay Zones
§ 350-401 Overlay zones.
A.
Purpose and intent. The purpose of Article IV of this chapter is to:
(1)
Provide a framework for enabling legislation to aid in the creation of various overlay zones each with special regulations, requirements, and standards;
(2)
Provide a description of special regulations, requirements, and standards associated with each overlay zones; and
(3)
Provide guidelines for the application of each overlay zone created to assure conformity with the purpose and development objectives of the applicable overlay zone.
B.
General provisions.
(1)
Article IV of this chapter establishes overlay zones that include additional specific regulations, requirements, and standards of limited application to certain designated areas within Rapho Township.
(2)
Overlay zones provide additional regulations for development within specific designated areas of Rapho Township, that are identified as possessing special and/or unique conditions, characteristics, circumstances and/or resources of importance, interest, and/or value to Rapho Township. Such overlay zones are established for the purposes of protecting the health, safety and general welfare, and furthering the community development objectives set forth in Article I of this chapter relating to purpose of enactment (§ 350-102).
(3)
Overlay zones may encompass one or more applicable base zones, or in some instances other overlay zones, and impose more or less, or different regulations, requirements, and standards than those which are required by the applicable base zones or overlay zones.
(4)
Applications for development are subject to the provisions of the applicable base zone and the overlay zone.
(5)
Although overlay zones may be more or less restrictive than the applicable base zone, unless otherwise specified in Article IV of this chapter for the applicable overlay zone, wherever and whenever the regulations, requirements, and standards of overlay zones are at variance with the regulations, requirements, and standards of applicable base zones, the most restrictive, or that imposing the higher standards, shall govern development.
C.
Overlay zones established. The following overlay zones as set forth in Table 4-1.1 and associated special regulations, requirements, and standards are hereby established, and as applicable, the respective overlay zones may be shown on the Official Zoning Map listed in Article I of this chapter relating to establishment of zones and Official Zoning Map (§ 350-108).
§ 350-402 Floodplain Overlay (FPO) Zone.
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Township Board of Supervisors of the Township of Rapho does hereby order as follows in Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402).
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Abrogation and greater restrictions. The regulations and standards of Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402) supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of standards of Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402), the more restrictive shall apply.
C.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402) is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402) does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
(2)
Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402) shall not create liability on the part of the Township of Rapho or any officer or employee thereof for any flood damages that result from reliance on Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402) or any administrative decision lawfully made thereunder.
D.
Designation of the Floodplain Administrator.
(1)
The Township Zoning Officer is hereby appointed to administer and enforce Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402) and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
(c)
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations.
(2)
Administration of any part of these regulations by another entity shall not relieve the Township of Rapho of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program (NFIP) as set forth in the Code of Federal Regulations at 44 CFR 59.22.
E.
Duties and responsibilities of the Floodplain Administrator.
(1)
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, including but not limited to, those required by the:
(2)
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this chapter including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(3)
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the NFIP.
F.
Purpose statement. In the interest of public health, safety and welfare, the establishment of floodplain conservation controls have been adopted for the following purposes to:
(1)
Combine with other zoning requirements certain restrictions made necessary for the floodplains to promote the general health, welfare and safety of Rapho Township.
(2)
Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.
(3)
Minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage.
(4)
Reduce the financial burdens imposed upon the community, its governmental units and its individuals by frequent and periodic floods and the overflow of lands.
(5)
Permit certain uses which can be appropriately located in the floodplain as defined herein the subsection below relating to Identified Floodplain Area (§ 350-402H) and in Article II relating to floodplain overlay terms and phrases in specific terms and definitions (§ 350-202A, the definition of "100-year flood") and which will not impede the flow of floodwaters or otherwise cause danger to life and property at or above or below their locations along the floodway as defined in the subsection below relating to identified floodplain area (§ 350-402H) and in Article II of this chapter relating to floodplain overlay terms and phrases in specific terms and definitions (§ 350-202A, the definition of "floodplain overlay terms and phrases").
(6)
Permit only those uses in the floodplain compatible to the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by:
(7)
Provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.
G.
Delineation of the Floodplain Overlay (FPO) Zone.
(1)
The (FPO) Zone is defined and established as those areas of Rapho Township subject to flooding, as delineated and defined in the subsections below relating to identified floodplain area [§ 350-402H(1) through (3)]. The most extensive of these areas described in the following sources shall determine the outermost boundary of the (FPO) Zone.
(2)
Those areas classified as Special Flood Hazard Areas (SFHAs), in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), issued by the Federal Emergency Management Agency (FEMA), for the Township of Rapho, Lancaster County, Pennsylvania, dated April 5, 2016, or the most recent revision thereof, including all digital data developed as part of the FIS.
(3)
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township of Rapho and declared to be a part of this chapter.
H.
Identified floodplain area. The identified floodplain area shall consist of the following specific zones:
(1)
Floodway Zone. The Floodway Zone shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the PA DEP Regional Office.
(2)
AE Zone. The AE Zone shall be those areas identified as Zone AE on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a)
The AE Zone adjacent to the floodway shall be those areas identified as Zone AE on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
(b)
No permit shall be granted for any construction, development, use, or activity within any AE Zone without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE at any point.
(c)
AE Zone without floodway shall be those areas identified as Zone AE on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
(3)
A Zone.
(a)
The A Zone shall be those areas identified as Zone A on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(b)
In lieu of the above, the Township of Rapho may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township of Rapho.
I.
Floodplain studies available. Studies used to establish the (FPO) Zone boundaries shall be available for reference and the use of the Township of Rapho and for inspection of any interested party during office hours.
J.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
K.
Changes in identification of area. The identified floodplain area may be revised or modified by the Township Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township of Rapho shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
L.
Boundary disputes. Should a dispute arise concerning any boundary of the (FPO) Zone, the initial determination of the Floodplain Administrator may be appealed to the Township Zoning Hearing Board. The burden of proof in such an appeal shall be on the property owner.
M.
Overlay concept. The (FPO) Zone shall be deemed an overlay on any zone now or hereafter applicable to any lot.
(1)
Should the (FPO) Zone be declared inapplicable to any tract by reason of:
(2)
Should the zoning of any tract or part thereof where the (FPO) Zone is located be changed through any legislative or administrative actions or judicial decision, such changes shall have no effect on the (FPO) Zone, unless such change was included as part of the original application.
N.
Permitted uses. Uses permitted in this subsection below [§ 350-402N(1) through (11)] are required to obtain a permit in accordance with Article IX of this chapter relating to zoning permits (§ 350-902). The following uses and no others are permitted in the (FPO) Zone:
(1)
Cultivation and harvesting of crops according to recognized soil conservation practices.
(2)
Pasture, grazing land.
(3)
Outdoor plant nursery, orchard.
(4)
Recreation use, such as park, day camp, picnic grove, golf course, hunting, fishing and boating club, excluding buildings or structures.
(5)
Forestry, lumbering and reforestation, excluding storage and mill buildings or structures.
(6)
Harvesting of any wild crops, such as marsh hay, ferns, moss, berries, or wild rice.
(7)
Game farm, fish hatchery, hunting and fishing reserves, excluding buildings or structures.
(8)
Wildlife sanctuary, woodland preserve, arboretum.
(9)
Outlet installations for sewage treatment plants.
(10)
Sealed public water supply wells.
(11)
Utility transmission line.
O.
Special exception uses. The following uses may be permitted by the Township Zoning Hearing Board as a special exception in accordance with Article VIII of this chapter relating to special exceptions in Zoning Hearing Board's Functions (§ 350-805B):
(1)
Accessory uses customarily incidental to any of the uses permitted in the subsection above relating to permitted uses (§ 350-402N).
(2)
Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures shall be permitted. Inclusion of floodplain lands with the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the subsection above relating to the purpose statement (§ 350-402F) and with any other pertinent Township of Rapho regulations. If such compliance cannot be shown, the land area within the floodplain area shall not be calculated for purposes of determining lot areas or yard requirements.
(3)
Non-paved parking lots where required by the regulations for any other class or zone.
(4)
Front, side and/or rear yards of any other zone, except that an area so utilized shall not be inconsistent with the objectives and standards set forth in the subsection above relating to the purpose statement (§ 350-402F) and with any other pertinent Township of Rapho regulations.
(5)
Retaining walls, flood retention dams, culverts, bridges, approaches to public and private culverts and bridges and driveways, subject to compliance with the standards set forth in the subsection below relating to design and performance standards (§ 350-402Q).
(6)
Public and private utilities, provided that the:
(a)
Applicant can offer expert testimony that the proposed use requires location within the (FPO) Zone and cannot be located elsewhere with equal effectiveness;
(b)
Proposed use does not involve any of those uses listed in the subsection below relating to prohibited uses (§ 350-402P);
(c)
Use complies with all applicable requirements set forth in the subsection below relating to design and performance standards (§ 350-402Q); and
(d)
Applicant furnishes written evidence of all needed county, state and federal approvals.
P.
Prohibited uses. The following uses and activities are prohibited in the (FPO) Zone:
(2)
The filling in of floodplain areas, grading, removal of topsoil, damming or relocation of any watercourse, except as is necessary to accomplish the uses permitted as set forth in the subsections above relating to permitted uses (§ 350-402N) and special exception uses (§ 350-402O), respectively, and provided no grading or filling is authorized which would cause any increase in flood heights or frequency.
(3)
Special requirements for subdivisions and development.
(a)
Subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be prohibited.
(b)
But if permitted by a special exception or a variance in accordance with the subsection below relating to standards and criteria for special exceptions and variances (§ 350-402U), subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in Identified Floodplain Areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
(4)
Special requirements for recreational vehicles.
(a)
Recreational vehicles in Identified Floodplain Areas shall be prohibited.
(5)
No variance or special exception shall be granted for the following:
(a)
Sanitary landfill or disposal sites, dump, junkyard, outside storage of vehicles and/or materials.
(b)
On-site sewage disposal system.
(c)
Swimming pools.
(d)
Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel, oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides and rodenticides).
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
(6)
The following kinds of activities are prohibited when located entirely or partially within an identified floodplain area. The commencement, or the construction of any structure used for any of the following:
Q.
Design and performance standards.
(1)
General.
(a)
No permitted use or use allowed by special exception shall be permitted within the floodway if the proposed use or development would cause any increase in 100-year flood elevation.
[Amended 9-15-2022 by Ord. No. 2022-4]
(b)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township of Rapho, and until all required permits or approvals have first been obtained from the PA DEP Regional Office.
(c)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(d)
Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(e)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(f)
All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(g)
The maximum depth of flow over any culvert, bridge, approach to a public or private culvert or bridge and driveway shall not exceed four inches in depth.
(2)
Structural.
(a)
All authorized new residential structures (limited to nonconforming structures) as set forth in the subsection below relating to nonconforming uses and structures (§ 350-402R) shall have the lowest floor (including basement) elevated to 1 1/2 feet above the 100-year flood elevation.
[Amended 9-15-2022 by Ord. No. 2022-4]
(b)
All authorized new nonresidential structures (limited to nonconforming structures as set forth in the subsection below relating to nonconforming uses and structures (§ 350-402R) shall have the lowest floor (including basement) elevated to 1 1/2 feet above the 100-year flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to that level in accordance with the W-1 or W-2 standards, as contained in the publication Flood-Proofing Regulations, UUSACE, June 1972 (as amended March 1992).
[Amended 9-15-2022 by Ord. No. 2022-4]
(c)
All structures, including buildings, air ducts, large pipes and storage tanks shall be firmly anchored to prevent flotation, movement or collapse.
(3)
Special requirements for manufactured/mobile homes.
(a)
Manufactured/mobile homes and manufactured/mobile home parks are prohibited in the (FPO) Zone, except as a continuation of a nonconforming use.
(b)
If any existing manufactured/mobile home shall be replaced, reconstructed, or expanded by addition thereto, then the manufactured/mobile home shall be:
[1]
Anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the following:
[a]
Over-the-top ties shall be provided at each of the four corners of the manufactured/mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
[b]
Frame ties shall be provided at each corner of the manufactured/mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
[c]
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
[2]
Elevated in accordance with the following requirements:
[a]
The standards or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured/mobile home will be 1 1/2 feet or more above the elevation of the 100-year flood elevation.
[Amended 9-15-2022 by Ord. No. 2022-4]
[b]
Adequate surface drainage is provided.
[c]
Adequate access for a hauler is provided.
[d]
Placed on a permanent foundation. Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
(c)
An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the Township Board of Supervisors for manufactured/mobile home parks.
R.
Nonconforming uses and structures.
(1)
Continuation. All uses or structures lawfully existing in the (FPO) Zone on August 16, 1982 which are not in conformity with the provisions of this (FPO) Zone, shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired and floodproofed, except as otherwise provided for in the (FPO) Zone.
(2)
Expansion. Nonconforming structures located within the floodway shall not be expanded or enlarged if any increase in the 100-year flood elevation would result.
[Amended 9-15-2022 by Ord. No. 2022-4]
(3)
Repair, reconstruction or improvement. A nonconforming structure may be repaired, reconstructed or improved, provided that the repair, reconstruction or improvement is to an extent or amount less than 50% its fair market value. Repair, reconstruction or improvement to an extent of 50% or more of the fair market value of the structure shall constitute a substantial improvement and shall be prohibited.
S.
Floodplain permit and application procedures. Within the (FPO) Zone, a permit shall be required for any proposed development, construction, reconstruction, placement, replacement, renovation, extension, repair or other improvements of uses or structures, including the placement of manufactured/mobile homes, and activities, such as mining, dredging, filling, grading, paving or drilling operations. In accordance with this subsection and Article IX of this chapter relating to zoning permits (§ 350-902), an application for a permit shall be filed with the Floodplain Administrator who shall make an initial determination on the application. For a use other than those permitted as set forth in the subsection above relating to permitted uses (§ 350-402N), an application seeking approval of a special exception or variance shall be forwarded to the Township Zoning Hearing Board, along with required studies or information. Every permit application for development or construction within the (FPO) Zone shall include or be accompanied by all information necessary for the Floodplain Administrator to determine that the proposal meets all the provisions of this (FPO) Zone. Included within this submission shall be copies of all necessary state and federal permits. The following information is specifically required:
(1)
The elevation, in relation to mean sea level, of the lowest floor (including existing basement).
(2)
Whether or not the structure includes an existing basement. Basements are prohibited on all new construction.
(3)
If the nonresidential structure is to be floodproofed, the elevation (in relation to mean sea level) to which the structure is to be floodproofed. Only nonresidential structures may be floodproofed in lieu of elevating the nonresidential structure.
(4)
If the structure is to be floodproofed, a document certified by a registered professional engineer or architect certifying that the floodproofing methods used meet the provisions of this (FPO) Zone.
(5)
The elevation of the 100-year flood.
[Amended 9-15-2022 by Ord. No. 2022-4]
T.
Construction or development located entirely or partially within any identified floodplain area. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent floatation, collapse, or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used; and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
U.
Standards and criteria for special exceptions and variances. In addition to the provisions of Article VIII of this chapter, in hearing and deciding upon special exceptions and/or variances to be granted or denied under the provisions of the (FPO) Zone, the Township Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
(1)
No special exception or variance shall be granted for any use, structure or development within the floodway if any increase in the 100-year flood elevation would result.
[Amended 9-15-2022 by Ord. No. 2022-4]
(2)
In addition to the standards generally applicable to variances, variances shall only be granted upon a:
(a)
Showing of good and sufficient cause;
(b)
Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c)
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.
(3)
Variances shall only be granted upon the determination that the variances are the minimum necessary to afford relief, considering the flood hazard. If it should become necessary to grant any variance, the applicant shall be required to comply with all the applicable requirements of the most recent version of the NFIP requirements 60.3(a) and (b) (as amended), including the requirements for floodproofing, anchoring and elevation. The applicant must also comply with any other requirements considered necessary by the Township of Rapho.
(4)
Whenever a variance is granted, the Township Zoning Hearing Board shall notify the applicant in writing that:
(5)
In granting a special exception or variance, the Township Zoning Hearing Board shall require that all buildings and structures shall be designed and constructed so as to have the capability of resisting the 100-year flood elevation.
[Amended 9-15-2022 by Ord. No. 2022-4]
(6)
A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Township Zoning Hearing Board. The Township Zoning Hearing Board shall report such decisions in the annual report sent to the FEMA.
§ 350-403 Airport Overlay (APO) Zone.
A.
Application. The regulations and standards contained in this (APO) Zone shall apply to all applications for development within the (APO) Zone of Rapho Township to:
B.
Purpose and intent. The purpose of the (APO) Zone is to:
(1)
Create an overlay zone that considers safety issues around the Lancaster Airport (LNS);
(2)
Regulate and restrict the heights of established uses, constructed structures, and objects of natural growth;
(3)
Create appropriate related surface zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such surface zones; and
(4)
Create a permitting process for certain uses, structures, and objects within said related zones.
C.
Relation to other zones. The (APO) Zone shall not modify the boundaries of any other base zone or overlay zone. Where identified, the (APO) Zone shall impose certain requirements on land use, construction, and development in addition to those contained in the applicable base zone and/or applicable overlay zone for the same area.
D.
Establishment of Airport Overlay (APO) zone and related surface zones. The (APO) Zone is hereby established and certain surface zones within the (APO) Zone, defined in Article II of this chapter relating to Airport Overlay (APO) Zone Terms and phrases in specific terms and definitions (§ 350-202A, the definition of "Airport Overlay (APO) Zone terms and phrases"), depicted on Figure 4.1 in this subsection below, and shown on the Zoning Map listed in Article I of this chapter relating to Establishment of Zones and Zoning Map (§ 350-108), as follows:
E.
Permit applications.
(1)
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), proposals for applications to: erect a new structure; add to or increase the height of an existing structure; or establish, erect, and/or maintain any use, structure, or object (natural or man-made); in the (APO) Zone. The applicant shall first notify PennDOT's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. PennDOT's BOA response must be included with this permit application for it to be considered complete. If PennDOT's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of the (APO) Zone. If PennDOT's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in the subsection below relating to variances (§ 350-403F).
(2)
Exceptions. In the following circumstances, notification of an approval by PennDOT's BOA shall not be required:
(a)
No permit is required for the routine maintenance and repairs to, or the replacement of parts of existing structures which do not increase the height of an existing structure.
(b)
In the areas lying within the limits of the Approach Surface Zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such Approach Surface Zones.
(c)
In the areas lying within the limits of the Transitional Surface Zones beyond the perimeter of the Horizontal Surface Zones, no permit shall be required for any tree or structure less than 150 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic feature, would extend above the height limit prescribed for such Transitional Surface Zones.
(d)
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this (APO) Zone, except that no permit is required to make maintenance repairs to or to replace parts of existing structures which do not increase the height of an existing structure.
F.
Variances. In addition to the provisions set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C) any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA's and PennDOT's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in the subsection below relating to obstruction marking and lighting (§ 350-403I).
(3)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the purpose and intent in the subsection above relating to purpose and intent (§ 350-403B).
G.
Use restrictions. Notwithstanding any other provisions in this (APO) Zone, no use shall be made of land, water, or structure within the (APO) Zone in such a manner as to:
(1)
Create electrical interference with navigational signals or radio communications between the airport and aircraft;
(2)
Make it difficult for pilots to distinguish between airport lights and others;
(3)
Impair visibility within the (APO) Zone of Rapho Township;
(4)
Create bird strike hazards; or
(5)
Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.
H.
Nonconforming uses, structures, and/or trees. The regulations prescribed by the (APO) Zone shall not be construed to require the removal, lowering, or otherwise change to, or alteration of any use, structure, and/or tree identified as nonconforming to the regulations of the (APO) Zone as of the effective date of this chapter, or to otherwise interfere with the continuance of a nonconforming use, structure, and/or tree. No nonconforming use or structure shall be altered, nor tree permitted to grow higher, so as to increase the nonconformity [relating to height and the use restrictions set forth in this (APO) Zone]. A nonconforming use, structure, or tree once abandoned or damaged or destroyed as per to the standards in Article VII of this chapter, may only be reestablished consistent with the provisions of this (APO) Zone and Article VII of this chapter.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this (APO) Zone and Article VIII or IX of this chapter may be conditioned according to the process described in this (APO) Zone to require the owner of the structure or object of natural growth in question to permit the Township of Rapho, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
§ 350-404 Village Overlay (VO) Zone.
A.
Purpose statement and intent.
(1)
In compliance with Sections 605(2) and 605(3) of the most recent version of the MPC,[1] the (VO) Zone provides a set of design standards that seek to achieve a "village"-type setting that is characteristic of much of Lancaster County's built environment and heritage. All of the design standards of the (VO) Zone are vital if the "village" atmosphere is to be achieved. While many of the following requirements deal with issues that typically transcend zoning jurisdiction, they are provided as optional "overlay" regulations with substantial density bonuses, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township of Rapho. The substantial density bonuses have been provided to offset the increased costs of providing a "high-quality" development that features historic building and streetscape design with historically authentic construction materials such as stone, brick, wood, and slate and with abundant and diverse native landscape materials, and other streetscape and public amenities often overlooked within contemporary suburban neighborhoods.
 |
[1]
Editor's Note: See 53 P.S. § 10605(2) and (3), respectively.
(2)
It is the further intent of the Township Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within the (VO) Zone. To this end, the Township Board of Supervisors shall permit the developer to modify the design standards of the (VO) Zone if such modification of standards, criteria, or regulation better serves or serves equally but in a different manner the intended purposes set forth in the (VO) Zone. It is the specific intent of the Township Board of Supervisors to permit developers to consider and utilize innovative methods of design.
(3)
Some of the specific development objectives of the (VO) Zone include the design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of significant environmental or topographic features.
(b)
Ensure a diversity of housing types, sizes, and costs with particular emphasis on scattered-site affordable housing opportunities.
(c)
Provide for convenient vehicular access to the neighborhood's edge but increased reliance upon pedestrian movements within its bounds.
(d)
Integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities.
(e)
Make efficient use of local infrastructure and services.
(f)
Reflect the historic and traditional building styles so abundant within the region.
(g)
Reserve and feature civic uses and open spaces as community focal points.
(h)
Provide safe, efficient, and compatible linkages with existing nearby land uses, streets, sidewalks, etc.
(i)
Invite regular and frequent social interaction among its inhabitants.
(j)
Blend all of these above-described features in a way that promotes community identification and a "sense of belonging" for the residents.
(4)
These development objectives will be used as a measure of conformance with any proposed development within the (VO) Zone.
B.
Review procedures. The intent of the (VO) Zone is to coordinate zoning approval with subdivision and land development approval. Applicants of proposals within the (VO) Zone are strongly encouraged to submit a sketch plan in accordance with the applicable plan review procedures and processes of the SLDO. During the sketch plan review, the applicant and the Township of Rapho should identify an overall design objective for the site and "iron out" any fundamental problems associated with the proposed development. Approval of a development within the (VO) Zone is tied to the successful approval of a subdivision and land development plan that meets with the specific requirements of the (VO) Zone and all other applicable requirements of this chapter, the SLDO, and any other applicable ordinances. The applicant shall be required to submit any and all of those materials that are needed to effectively demonstrate compliance with such requirements.
C.
Overall community form and permitted uses. A successful design extends or enhances the "quality of life" attributed to the layout and context of the surrounding area. This measure considers the overall character of the proposed neighborhood with its mixture of uses as compared with the character of its surroundings. The development should create the opportunity to be part of, and be accessible to, a complete community with housing, employment, shopping, worship and recreation.
 |
(1)
See Table 4-4.1 in this subsection below for the types of uses permitted in the (VO) Zone as set forth by this chapter.
Table 4-4.1 Permitted Uses - Village Overlay Zone (VO) | |
|---|---|
Use | |
Residential Uses | |
Multiple-family dwelling | N/A |
Single-family attached dwelling | N/A |
Single-family detached dwelling | N/A |
Single-family semidetached dwelling | N/A |
Two-family detached dwelling | N/A |
Nonresidential Uses | |
Agricultural/Forestry Uses | |
Crops/gardening (other than an agricultural operation) | N/A |
Forestry (commercial timber operations) | § 350-510 |
Commercial Uses | |
Bank and other similar financial institution | N/A |
Convenience store | N/A |
Office, business and professional | N/A |
Personal service | N/A |
Restaurant | N/A |
Retail business | N/A |
Institutional/Civic Uses | |
Cemetery | N/A |
Community gathering facility | N/A |
Conservation area | N/A |
Day care, commercial | N/A |
Government use other than municipal use | N/A |
Library | N/A |
Municipal use | N/A |
Museum | N/A |
Office, medical | N/A |
Park/playground | N/A |
Place of religious worship | N/A |
Public utility structure | N/A |
Specific Accessory Uses | |
N/A | |
Accessory family member dwelling | § 350-608 |
Automated banking or postal facility | § 350-608 |
Day care, family | § 350-608 |
Drive-through facility for permitted use | § 350-608 |
Home occupation | § 350-608 |
Home occupation, no-impact | § 350-608 |
NOTES: | |
|---|---|
P | Permitted by right (zoning decision by Township Zoning Officer) |
SE | Special exception use (zoning decision by the Township Zoning Hearing Board) |
CU | Conditional use (zoning decision by the Township Board of Supervisors) |
NP | Not permitted |
N/A | Not applicable |
(2)
Required mixture of permitted uses and housing types. See Table 4-4.2 in this subsection below for the required mixture of permitted use and residential dwelling types listed in Table 4-4.1 above within the proposed development in the (VO) Zone as set forth by this chapter.
Table 4-4.2 Required Mixture of Permitted Uses and Housing Types | ||
|---|---|---|
Proposed Uses | Required Percentages | |
Minimum | Maximum | |
Common open space, public and/or institutional/civic uses (excluding public utilities) | 20% (of gross area of the site) | N/A |
Single-family attached dwellings or multiple-family dwellings | N/A | 35% |
Single-family detached dwellings | 35% | 50% |
Single-family semidetached dwellings or two-family detached dwellings | N/A | 35% |
Local commercial uses for sites that serve at least 100 homes within a three-mile radius | N/A | 5% (of gross area of the site)1 |
NOTES: | |
|---|---|
1 | Local commercial uses may be increased in size if the applicant can demonstrate that the proposed location and configuration provides for convenient and safe pedestrian access for multiple neighborhoods that are not being served by other nearby commercial uses. |
(3)
Maximum impervious coverage. The maximum permitted impervious coverage shall be 75% of the gross acreage of a Village Overlay Zone Development site.
D.
Residential form. A successful project employs an integrated and diverse mixture of housing types and costs; it also provides such units with qualified architectural designs that reflect this region's history. Compact residential lots should be narrow and long with small side yard setbacks; building orientation should also run perpendicular to the street. Exterior pedestrian access should connect the front and rear yards for each attached housing unit. Uses should rely heavily upon adjoining on-street parking, and: driveways and off-street parking should be confined to the rear yard.
 |
(1)
Architectural considerations. All proposals within the (VO) Zone must incorporate architectural treatments and styles that complement the region's historic resources. All applications shall include the preparation of textual and (typical) graphic descriptions by a commonwealth-registered architect, of proposed architectural features and styles, which shall be presented for Township consideration during sketch plan review of the subdivision/land development review process.
(2)
Required integration of housing types. Proposed residential areas are required to integrate a variety of housing types. The objective is to ensure various unit types share the streetscape and that no one type dominates large portions of the neighborhood. Developments that isolate the respective types of housing units (e.g., detached, semidetached, attached, and multiple-family) from one another will not be permitted.
(3)
Residential area and bulk design requirements. See Table 4-4.3 in this subsection below for the residential area and bulk design requirements for all development activities and uses within the (VO) Zone:
Table 4-4.3 Residential Area and Bulk Design Requirements | |||||
|---|---|---|---|---|---|
Permitted Dwelling Type and Related Use | Maximum Permitted Density (Units/Gross Acre) | Maximum Permitted Impervious Coverage2 | Minimum/Maximum Front Build-To Line1 (feet) | Required Minimum Yard Setbacks | |
Side (feet) | Rear (feet) | ||||
Single-family detached | 8 | 70% | 10 feet/15 feet1.a | 6 each side | 15 |
Single-family semidetached | 8 | 70% | 10 feet/15 feet1.a | 6 detached side/0 attached side | 15 |
Two-family detached | 8 | 70% | 10 feet/15 feet1.a | 6 each side | 15 |
Single-family attached3, 4 | 8 | 70% | 10 feet/15 feet1.b | 10 detached side/O attached side | 15 |
Accessory structures | N/A | Included as part of total maximum impervious coverage for principal use | Not permitted within the front yard | 5 each side | 5 |
Multiple-family | 84 | 70% | 10 feet/15 feet1.b | 10 detached side/0 attached side | 15 |
NOTES: | ||
|---|---|---|
1 | Front build-to lines shall be measured between the street right-of-way line and the closest facade of the building, including porches. No part of any building shall extend closer to a street than the minimum front build-to line. | |
a. | For single-family detached, single-family semidetached, or two-family detached buildings, no less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line. | |
b. | For single-family attached or multiple-family dwelling buildings, no less than 50% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line. | |
2 | Maximum permitted impervious coverage requirements shall not apply to porches located within the front yard. | |
3 | No single-family attached dwelling building shall contain more than six units. For each single-family attached dwelling building containing more than four units, no more than 2/3 of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. | |
4 | All single-family attached dwelling and multiple-family dwelling buildings shall be set back a minimum of 10 feet from any interior access drives, or parking facilities contained on commonly held lands. | |
 |
(4)
Residential building design standards. All residences shall comply with the following:
(a)
Building height. All principal residences shall be between 1 1/2 and three stories in height. In no case shall any principal building exceed 40 feet in height. Accessory buildings shall be no more than 25 feet in height.
(b)
Building orientation and porches. All residential buildings' main entrances shall face the lot's front yard. At least 50% of all detached dwellings located along a public street within the same block shall include porches with a minimum depth of five feet and a minimum length of eight feet, within the front yard.
(c)
Residential building width. No residential dwelling shall be greater than 75 feet wide as measured parallel, or approximately parallel, with any street line.
 |
(5)
Vehicular access and parking requirements for residences. Parking shall be provided in accordance with Article V of this chapter relating to off-street parking (§ 350-520). Additionally, no more than three off-street parking spaces shall be permitted on an individual dwelling lot. To the maximum extent feasible, driveways and off-street parking shall only be provided in the rear yard and will rely upon alleys for vehicular access. All on-street parking must be provided within 100 feet of the dwelling unit served to be calculated as part of the required number of parking spaces.
 |
(6)
Access drive setback requirements. The setback for access drives from side, rear property lines and/or street rights-of-way shall be 10 feet.
(7)
Access drive width. The width of an access drive shall be a minimum of 10 feet per travel lane.
(8)
Driveway requirements. Certain driveway requirements as set forth in Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515) are not consistent with the overall design characteristics of the (VO) Zone in light of, among other factors, the reduced street width, higher densities and smaller lot sizes associated with the (VO) Zone. The requirements that: driveways shall not connect with a public street within 40 feet of the street right-of-way line of any intersection streets; and all driveways shall be designed to permit a vehicle turnaround so that vehicles can enter the street right-of-way in a forward direction; are waived for development approved and developed under the (VO) Zone regulations.
(9)
Single-family attached dwellings-driveway and garage requirements. To encourage flexibility, economy and ingenuity in the development of property in the (VO) Zone, the Township Board of Supervisors may permit the developer to modify, pursuant to the provisions in the subsection below relating to modifications of design standards (§ 350-404M), the driveway and garage design standards for single-family attached dwellings set forth in Article V of this chapter relating lot access, access drives, and driveways (§ 350-515) by providing alternative design standards during the Sketch Plan and/or Preliminary Plan phase of the development. As part of the developer's proposed modification, the developer shall submit architectural renderings prepared by an architect registered/licensed by the Commonwealth of Pennsylvania, depicting the proposed modifications and how the modifications relate to and impact the proposed townhouse building and adjacent structures. If approved by the Township Board of Supervisors, the proposed modification(s) shall be incorporated into developer's Final Plan.
(10)
Common open space. Notwithstanding the definitions of "common open space" and "open space, common or public," a developer seeking to utilize the design standards of (VO) Zone regulations may include in the calculation of the minimum required common open space, areas between buildings and between buildings and property lines if such area(s) is improved with walking trails, fitness stations, recreational amenities or other improvements acceptable to the Township Board of Supervisors or, in the opinion of the Township Board of Supervisors, such area is integrated into an integral component of the overall open space design.
E.
Commercial form. When provided, commercial land uses should be confined to one cohesive node or street corridor. Ideal location for commercial uses is central to the neighborhoods served; however, peripheral locations along existing streets are also acceptable so long as the design of such areas serve pedestrians and vehicles equally well. Commercial areas should be fitted with buildings, signs and sidewalks that are oriented to invite pedestrian access from the adjoining neighborhoods. Off-street parking lots, loading areas, and refuse collection stations, should all be separated from view of the adjoining neighborhoods and screened from adjoining roads.
 |
(1)
Business timing. No commercial area shall be approved until such time as at least 100 new dwelling units are also approved in the (VO) Zone.
(2)
Location and layout. All commercial land uses shall be confined to one area that is conveniently accessible to residents of the development. Preferred designs include those that replicate "downtown" settings, or commercial courtyards; however, small-scale shopping centers that adjoin existing roads are also acceptable if the design of the shopping center does not forsake safe and convenient pedestrian access from adjoining neighborhoods.
(3)
Pedestrian access. All commercial areas must be integrated upon a system of sidewalks and/or pedestrian pathways, so that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access.
(4)
Proximity to focal point. Where practicable, commercial areas shall be part of, contiguous with, or directly across a street from the prominent focal point as required in the subsection below relating to prominent focal point (§ 350-404G).
(5)
Building setback and orientation. Commercial areas shall consist of storefronts that are principally oriented towards pedestrian customers. Buildings should present a uniform pattern of setbacks (except in the case of outside cafe/dining) that are close to an adjoining sidewalk or courtyard. Such sidewalks and courtyards should incorporate lamp posts, trash receptacles, shade trees, pedestrian benches, and other similar amenities. Shopping center designs must provide for an inviting pedestrian entrance and shopping area that does not require the crossing of heavily traveled access drives and is visually separated from off-street parking and loading areas.
(6)
Outside cafe/dining. Outdoor restaurant cafe/dining, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they architecturally and visually complement the overall appearance and function of the commercial courtyard. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise and litter.
(7)
Outside display. One sidewalk display bin for retail merchandise shall be permitted per commercial use between the main facade of the building and the adjoining sidewalk/courtyard. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours.
(8)
Business signs. Signs for individual commercial uses shall only include wall signs or roof signs. Overall size shall be limited to six square feet per sign. Each business will be permitted one such sign per entrance. The entire commercial area is also permitted two freestanding planned center signs, at least one of which must be oriented to the pedestrian access. Such signs shall not exceed 32 square feet and shall be set back a distance at least equal to its height from the closest adjoining property line.
(9)
Required parking. Minimum required off-street parking spaces for commercial uses that are part of a downtown or commercial courtyard are computed on the basis of one per 300 square feet of total floor area, except that convenience stores, and/or offices of physicians, dentists, and veterinarians shall require one space per 200 square feet of total floor area. In addition, downtown commercial areas and commercial courtyards shall provide for on-street parking adjoining such commercial uses. Within shopping centers, a minimum of one off-street parking space shall be provided for each 200 square feet of total floor area and no on-street parking is required. All off-street parking must be provided within common parking lots which shall be designed in accordance with the applicable design and construction standards and requirements of the SLDO. All off-street parking for commercial uses shall be set back no less than 25 feet and screened from any adjoining property used principally for residential purposes. Furthermore, any access drive to an off-street parking lot must be set back at least 40 feet from the adjoining street right-of-way lines of any intersecting street, or five feet from a fire hydrant.
(10)
Upper-floor apartment. For each commercial use within a downtown or commercial courtyard setting, one upper-floor apartment with a separate ground-level access and one off-street parking space may be provided.
(11)
Business size. While there are no limits on the size of commercial buildings and lots, all businesses shall be selected, sized and designed only to furnish local commercial goods and services that can be delivered to pedestrian patrons. No business shall be permitted that, in the opinion of the Township Board of Supervisors, exceeds this local pedestrian market.
(12)
Maximum impervious coverage. The maximum permitted impervious coverage shall be 90%.
(13)
Minimum required yard setbacks. See Table 4-4.4 in this subsection below for the commercial yard setback requirements for all development activities and uses within the (VO) Zone:
Table 4-4.4 Minimum Required Yard Setbacks | ||
|---|---|---|
Commercial Use | Yards Adjoining Other Commercial Uses | Yards Adjoining Open Space, Public, Civic or Residential Uses (feet) |
Building | None | None1 |
Off-street parking | None | 25 |
Off-street loading | None | 50 |
Refuse collection station | None | 50 |
NOTES | |
|---|---|
1 | Buildings within a shopping center shall be set back at least 50 feet from any adjoining residential use. |
(15)
Height requirements. All buildings within a "downtown" or commercial courtyard setting shall have at least two stories but no more than three stories. All buildings within a shopping center shall have between one and three stories.
(16)
Outside storage. No outside storage is permitted.
(17)
Waste products. Refuse collection stations may be permitted within the side or rear yard, provided such refuse collection stations are screened from any adjoining roads and/or properties. All refuse collection stations shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence, common open space or public or civic use. All waste receptacles shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
(18)
Architectural considerations. All proposals within the (VO) Zone must incorporate architectural treatments and styles that complement the region's historic resources. All applications shall include the preparation of textual and (typical) graphic descriptions by a Commonwealth-registered architect, of proposed architectural features and styles, which shall be presented for Township consideration during Sketch Plan review of the subdivision/land development review process.
F.
Open space form. Important and sensitive environmental or topographic features or resources should be integrated and protected as part of the common open space. Such spaces should invite public use and enjoyment, unless such use would threaten their integrity. Other open spaces should be designed to meet their desired purpose. Parklands, where provided, should be located and improved to invite public use and enjoyment. Where parklands are not offered, fees in lieu thereof shall be provided for Township use. All open spaces should include a description of an acceptable means for their ownership and maintenance.
 |
(1)
Significant environmental or topographic features inventory.
(a)
As part of the Sketch Plan review process, or if the applicant decides to only submit a Preliminary Plan as part of the Preliminary Plan review, applicants shall be required to prepare an inventory of the significant existing environmental or topographic features when located within the subject tract as set forth in the applicable preliminary/final plan information standards and requirements of the SLDO.
(b)
From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the Village Overlay Zone Development minimizes disturbance of, but integrates and protects these features as part of a meaningful open space network.
(2)
Proposed parklands. All proposed developments must either dedicate public parklands or provide a fee in lieu thereof in accordance with the applicable parkland standards and requirements of the SLDO. Such dedicated parklands can be part of the open space required in the subsection above relating to required mixture of permitted uses and housing types [§ 350-404C(2)] if such space complies with the applicable parkland design standards and requirements of the SLDO.
(3)
Ownership and maintenance of open space. An essential element of the Village Overlay Zone Development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication, or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in accordance with applicable open space ownership and maintenance standards and requirements of the SLDO.
G.
Prominent focal point. Each development shall have a prominent focal point; some special feature that distinguishes it from other neighborhoods (e.g., town square). This can be an existing environmental or topographic features (big trees/groves, ponds and lakes, scenic views, etc.) or an existing man-made feature (important civic buildings, historic sites). The design of the neighborhood should prominently feature this resource by orienting streets and finished elevations to maximize its visibility. In addition, new focal points can be created by assembling important public/civic amenities, with commercial uses and then constructing them with impressive architectural style.
 |
H.
Streetscape form. The streetscape should be oriented to the pedestrian. It should be safe, functional and attractive. Front-to-front building setbacks should be kept small so as to provide for intimacy and neighborly interaction. Front porches and stoops should be frequently incorporated into the front yards. Streetscapes should generally include sidewalks on both sides of the cartway; all sidewalks shall include aprons for access by handicapped persons according to standards contained within the most recent version of the Americans with Disabilities Act (ADA), in accordance with the most recent version of the ADA version Standards for Accessible Design of the United States Department of Justice and the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho, whichever is more restrictive. Parallel on-street parking lanes should be used to keep impervious coverages low and street widths narrow. Abundant planting strips with one shade tree for every 50 feet of linear sidewalk planting strip is required. Benches, transit stops, streetlights and street signs shall be carefully selected to complement the intimate scale of the streetscape and the historic character of the neighborhood. Individual postal mailboxes shall be affixed to the building facade and street-side fencing must be of a design that, again, complements the theme of the development.
I.
Circulation system form. A successful project extends existing streets, access drives, and bicycle, pedestrian, and other similar pathways and provides for complete vehicular, bicycle, and pedestrian connection with adjoining neighborhoods. It employs street design standards that favor bicycle and pedestrian movements along designated pathways and at intersections. It also separates off-street parking as viewed from the streetscape with the use of alleys or access drives and rear-yard parking spaces/garages. The street and access drive system should also allow for extension/connection associated with future developments, where appropriate. Street system layout shall also be generally rectilinear (as opposed to curvilinear) except where significant environmental or topographic features dictate otherwise.
(1)
Design standards for streets, sidewalks, and alleys. See Table 4-4.5 in this subsection below for the design standards for streets, sidewalks, and alleys within the (VO) Zone.
Table 4-4.5 Design Standards for Streets, Sidewalks, and Alleys | ||||||
|---|---|---|---|---|---|---|
Street Classification (Design Speed) | Minimum Required Width of Each Travel Lane (feet) | Minimum Required Width of Each Parking Lane (feet) | Minimum Required Width of Each Sidewalk/Planting Strip (feet) | Required Curb Return Radius (feet) | Minimum Required Street Center line Turning Radius (feet) | Minimum Required Width of Right-of-Way (feet) |
Arterial or collector (25 to 35 mph) | 81 | 8 | 10 | 25 | 150 | 33 |
Local (max. 25 mph) | 81 | 8 | 10 | 15 | 80 | 33 |
One-way alley (max. 10 mph) | 162 | Not Permitted | 0 | 15 | 22 | 332 |
NOTES | |
|---|---|
1 | In no case shall a cartway be less than 16 feet wide. |
2 | Private alleys can have right-of-way and travel lane widths of 10 feet per lane. |
(2)
Required right-of-way widths shall be computed by adding all of the travel lanes, parking lanes and sidewalk/planting strips proposed for any given segment of road.
(3)
Where practicable, the design of streets, alleys, and sidewalks should provide for through traffic and pedestrian movements, and should interconnect with existing nearby streets, alleys, and sidewalks. The use of cul-de-sac streets is forbidden, unless accompanied by plans of future adjacent street connections.
(4)
All intersections of access drives, and/or streets shall provide a three-foot-high clear sight triangle of 30 feet as measured along the center line of and from intersecting rights-of-way and/or access drives.
(5)
Proposed developments shall promote the use of nonmotorized travel (pedestrians, bicycles, scooters, etc.). All travel lanes for such movements shall:
J.
Landscape form. Generous landscaping should be distributed throughout the development to offer thermal and visual relief. In those areas of significant environmental or topographic features, existing vegetation should be retained and enhanced, if needed. In developed areas, vegetation shall be selected that best suits its setting and purpose. A variety of species that are native to the area are required.
K.
Public utility and service requirements. All proposals within the (VO) Zone must comply with the following:
(1)
Both public sewer and public water shall be used throughout the development.
(2)
Where practicable, the retention and regenerative percolation of stormwater runoff shall be designed to blend and function within the natural setting of the site. In such instances such facilities can be part of the common open space required in the subsection above relating to required mixture of permitted uses and housing types [§ 350-404C(2)]. Stormwater facilities that, in the opinion of the Township Board of Supervisors, do not blend and function within the natural setting shall not be computed as part of the common open space required in the subsection above relating to required mixture of permitted uses and housing types [§ 350-404C(2)].
(3)
All utility lines shall be located underground and within public streets, alleys, or other public rights-of-way. Any required utility structures, buildings, pump stations, transformers, or other similar devices shall be screened from adjoining properties and roads.
(4)
All streets shall be provided with streetlights. Such streetlights shall be of such design and light intensity to serve adjoining uses yet complement the development's historic setting.
(5)
Bus stops shall be placed at appropriate location(s) along major roads serving the proposed development. Their distribution shall be such that no residence within the development shall be situated more than 1,000 feet from its bus stop. Furthermore, the selection of bus stops shall be logically connected with any existing bus routes. Bus stops shall consist of a minimum pedestrian node consisting of one ten-foot-by-twenty-foot sidewalk section, one permanently anchored park bench, streetlight, and a shade tree. Such bus stops shall be provided, even if existing bus routes do not currently serve the area.
(6)
Applicants are required to obtain a letter from the Fire Chief of the company that would provide first-call service to the proposed development. Such letter should describe any foreseeable problems regarding fire protection for the proposed development. Particular attention should focus upon the location of fire hydrants and street turning radii.
 |
L.
Subsequent revisions within the Village Overlay (VO) Zone. Once a development is constructed and occupied within the (VO) Zone, subsequent revisions are permitted by right, if they:
M.
Modifications of design standards. The Township Board of Supervisors may permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such approval shall, when making application for approval for a Village Overlay Zone Development as required by the standards of the (VO) Zone, also make application for approval under this subsection (§ 350-404M). The Township Board of Supervisors shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:
(1)
Such modifications of design standards better serve the intended purposes of the (VO) Zone.
(2)
Such modifications of design standards would not result in adverse impact to adjoining properties, nor future inhabitants within the Village Overlay Zone Development.
(3)
Such modifications will not result in an increase in residential densities permitted for the site.
§ 350-405 Open Space Design Overlay (OSDO) Zone.
[Amended 9-15-2022 by Ord. No. 2022-4; 12-7-2023 by Ord. No. 2023-7]
A.
Purpose statement and intent.
(1)
Within the UGA, it is the intent of the Township Board of Supervisors to:
(a)
Provide an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development.
(b)
Provide for a more varied, innovative, and efficient development pattern.
(c)
Promote new development which complements existing uses, landscapes, and community character.
(d)
Preserve unique, sensitive, and important natural features and landscapes on the site by locating new building sites in areas removed from such features and landscapes.
(e)
Retain and protect the unique, sensitive, and important natural features and landscapes in public open space land within, near, and connected to residential development and other park, recreation, and open space areas.
(f)
Provide for the orderly, appropriate and compatible preservation, growth, and development in Rapho Township, by incorporating the overall objectives and principles of, as well as seeking to implement portions of, the most recent version of the Comprehensive Plan, any regional open space, recreation, and greenway plan, or other applicable plan adopted by the Township of Rapho.
(2)
While many of the following standards, criteria, and regulations deal with issues that typically transcend zoning jurisdiction, such standards, criteria, and regulations are provided as an optional set of "overlay" regulations for additional residential density bonuses in exchange for a larger portion of the site be preserved as public open space land, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township of Rapho.
(3)
Relationship to other ordinances of the Township of rapho and sections of this chapter. The (OSDO) Zone has different use and design requirements from those contained in other sections of this chapter, the SLDO, and other ordinances of the Township of Rapho. Except for those requirements contained within Article V of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402), to the extent the regulations, standards, and provisions of the (OSDO) Zone differs (is more or less restrictive) from other Township of Rapho requirements, those within the (OSDO) Zone shall govern. However, all other provisions of this and other ordinances of the Township of Rapho shall remain in full force.
B.
Eligibility.
C.
Review process.
(1)
General provisions.
(a)
An open space design development shall be permitted when approved as a conditional use in accordance with the provisions of Article IX of this chapter relating to conditional uses (§ 350-906) and where the applicant, to the satisfaction of the Township Board of Supervisors, can demonstrate compliance with all standards, criteria, and regulations set forth in the (OSDO) Zone, unless otherwise modified per the terms of the (OSDO) Zone regulations.
(b)
The applicant is strongly encouraged to submit a Sketch Plan in accordance with the SLDO, to the Township Planning Commission and to discuss the community development and open space resource conservation objectives with the Township Planning Commission prior to a conditional use application being formally submitted.
(2)
Conditional use plan submission. At the time of application for conditional use approval, and in addition to the information required as part of the conditional use application set forth in Article IX of this chapter relating to conditional uses (§ 350-906), the applicant shall submit the following:
(c)
All existing land uses and lot lines within 200 feet of the proposed tract, including the location of all:
[1]
Unique, sensitive, and important natural features and landscapes identified and to the extent required in the subsection below relating to unique, sensitive, and important natural features and landscapes [§ 350-405F(2)] only to the extent such information is available from publically available sources including but not limited to those listed in unique, sensitive, and important natural features and landscapes as well as the Lancaster County GIS data, USGS 7.5 feet, Lancaster County and municipal Comprehensive Plans.
(d)
Conceptual Public Open Space Land Plan showing the potential layout, design, uses, facilities, and activities of the public open space land.
(e)
Reports and other information. The following conceptual reports and information shall be submitted:
[1]
A feasibility report on both sewer service and water service conforming to the requirements of the SLDO.
[2]
A description of how stormwater management design complies with the provisions of the Township of Rapho stormwater requirements.
[3]
A description of the general character of the intended exterior architectural design of all principal buildings to be constructed on lands as part of an open space design development in accordance with the standards, criteria, and regulations set forth in the (OSDO) Zone, including conceptual graphic architectural elevations of the principal buildings.
[4]
An analysis of the suitability of the potential layout, design, uses, facilities, and activities of the public open space land which is to be created as part of the open space design development, as shown on the Conceptual Public Open Space Land Plan.
[6]
A request for modification in accordance with the subsection below relating to modifications of standards, criteria, and regulations [§ 350-405C(4)], if applicable.
(3)
Revisions to approved development. The plan presented in support of the conditional use is an official part of the record for said conditional use. Such plan may be changed as part of approval under the SLDO, without the need to obtain conditional use approval of the plan change, provided that:
(a)
To the extent that such change requires additional modification set forth in the subsection below relating to modification of standards, criteria, and regulations [§ 350-405C(4)], conditional use approval of such modification is obtained prior to approval of the preliminary or final subdivision and/or land development plan, whichever applies.
(b)
Such change does not increase the maximum density limitations set forth in the (OSDO) Zone.
(c)
Such change does not decrease the minimum required percentage of public open space land set forth in the (OSDO) Zone.
(d)
Such change does not increase the maximum lot coverage limitations set forth in the (OSDO) Zone.
(e)
Such change does not increase the overall density beyond the density contemplated under the conditional use plan.
(f)
Such change does not decrease the overall percentage of public open space land by more than 5% of the total percentage contemplated under the conditional use plan.
(g)
Such change does not increase the overall lot coverage beyond the coverage by more than 5% of the total lot coverage contemplated under the conditional use plan.
(h)
Such change does not alter the layout, location or design of the circulation system (streets, access drives, and bicycle, pedestrian and other similar pathways), residential uses or nonresidential uses, such that the revised layout is fundamentally different from the approved conditional use plan.
(i)
The conditional use plan, as modified or changed, complies with the standards, criteria, and regulations set forth in the (OSDO) Zone {except to the extent that any modifications are granted for such changes set forth in the subsection immediately below relating to modification of standards, criteria, and regulations [§ 350-405C(4)]}.
(4)
Modification of standards, criteria, and regulations. The Township Board of Supervisors, by conditional use approval, may permit the modification of the standards, criteria, or regulations set forth in the (OSDO) Zone in order to encourage the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for an open space design development as required by the standards, criteria, and regulations of the (OSDO) Zone, also make application for conditional use approval under this subsection [§ 350-405C(4)]. The Township Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use approval permitted for modification of any of the standards, criteria, or regulations set forth in the (OSDO) Zone shall be subject to the following standards:
(a)
Such modification of standards, criteria, or regulations better serves or serves equally but in a different manner the intended purposes set forth in the (OSDO) Zone.
(b)
The design and improvement of buildings, lots, or public open space land which shall contain the modifications hall be in harmony with the design and improvement of other lots or public open space land within the open space design development and shall not, through the use of the modification, be obviously different from, or inferior to, other lots within the open space design development.
(c)
Such modification would not result in adverse impact to adjoining lots, nor future inhabitants within the open space design development, including but not limited to endangering the public health, safety or welfare by:
(d)
Such modification will not result in configurations of buildings, lots, public open space land, or circulation systems (streets, access drives, and bicycle, pedestrian and other similar pathways) which shall be impractical or detract from the appearance of the open space design development.
(e)
Such modification will not result in an increase in the maximum density limitations permitted for the site set forth in the (OSDO) Zone.
(f)
Such modification will not result in a decrease in the minimum required percentage of public open space land for the site set forth in the (OSDO) Zone.
(g)
The extent of such modification provides the minimum amount of relief necessary to ensure compliance with the subsection above relating to modification of standards, criteria, and regulations [§ 350-405C(4)].
(h)
Screening and landscaping, beyond the minimum required in Article V of this chapter relating to screening and landscaping (§ 350-526) may be required to be used to ensure the privacy of the future inhabitants of the dwellings within the open space design development and to attain the proposed use of the public open space land.
D.
General open space design development standards.
(1)
Permitted uses.
(a)
See Table 4-5.2 in this subsection below for the types of uses permitted in the (OSDO) Zone as part of an approved open space design development set forth by this chapter:
Table 4-5.2 Permitted Uses - Open Space Design Development | ||
|---|---|---|
Use | Open Space Design Development Parent Tract Lot Area | |
0.00 to 9.99 Acres | 10 Acres and Greater | |
Residential Uses | ||
Conversion, multiple-family | NP | P |
Conversion, two-family | NP | P |
Multiple-family dwelling | NP | P |
Single-family attached dwelling | NP | P |
Single-family detached dwelling | P | P |
Single-family semidetached dwelling | NP | P |
Two-family detached dwelling | NP | P |
Nonresidential uses | ||
Neighborhood center | P | P |
Public open space land uses set forth in the subsection below relating to public open space permitted land uses [§ 350-405F(3)] | P | P |
Specific Accessory Uses | ||
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone. | P | P |
NOTES: | |
|---|---|
N/A | Not applicable |
P | Permitted as part of a proposed open space design development |
NP | Not permitted as part of a proposed open space design development |
(b)
Additional requirements for specific nonresidential uses.
[1]
Neighborhood center.
[a]
Within a neighborhood center, the following uses shall be permitted:
[iii]
Other use which the Township Board of Supervisors determines during the conditional use approval process is substantially similar to the permitted uses in the subsections above {§ 350-405D(1)(b)[1][a]}.
[b]
The applicant may list a proposed range of uses that will be allowed. If such range of uses is approved as part of the conditional use approval, then each such use shall become permitted by right, provided the use and development conforms to the conditional use approval.
[c]
Maximum size. The neighborhood center shall not exceed 5,000 square feet of gross floor area.
(2)
Area and bulk requirements.
(a)
Minimum required public open space land. See Table 4-5.3 in this subsection below for the minimum required percentage of public open space land of the lot area (gross acreage) of the tract proposed for an open space design development, as stipulated for the applicable base zone. The public open space land shall comply with all standards, criteria, and regulations for the public open space land established in the subsection below relating to public open space land standards (§ 350-405F).
Table 4-5.3 Minimum Required Public Open Space Land - Open Space Design Development | |
|---|---|
Zone | Minimum Amount of Public Open Space Land |
(R-1) Zone | 50% |
(b)
Maximum permitted density calculation. See Table 4-5.4 in this subsection below for the maximum permissible number of lots or dwelling units on any tract proposed for an open space design development which shall be calculated by multiplying the lot area of the tract proposed for an open space design development by the density multiplier stipulated for the applicable base zone:
Table 4-5.4 Maximum Permitted Density - Open Space Design Development | ||
|---|---|---|
Zone | Maximum Permitted Density Multiplier for Open Space Design Development | |
Tract Lot Area 0.00 to 14.99 Acres | Tract Lot Area 15 Acres and Greater | |
(R-1) Zone | 2 | 121 |
NOTES: | |
|---|---|
1 | On tracts with lot areas of 15 acres or greater, where buildings for multiple-family dwellings are proposed, the maximum density may be increased to 15 on that portion of the tract devoted to such dwellings, and the maximum permitted height for multiple-family dwellings buildings may be increased to not more than 45 feet. |
(c)
Fractional results of density multiplier. When determination of the amount of permitted density results in a fraction less than 1/2, the fractional result shall be rounded down and disregarded; and any fraction 1/2 or greater, the fractional result shall be rounded up and interpreted as one whole dwelling unit.
(d)
The applicant is advised that the maximum number of dwelling units calculated under the provisions in the subsection above relating to Maximum Permitted Density Calculation [§ 350-405D(2)(b)] may not always be achievable while meeting the minimum requirements for public open space land and all other standards, criteria, and regulations set forth in the (OSDO) Zone.
(e)
Area and bulk requirements. Within an open space design development, no minimum lot area is prescribed; rather, the following lot, setback and yard area regulations shall apply to any principal residential building or any other building. At the time of conditional use application, the applicant shall indicate for each permitted use, including potential accessory uses, the limits of the building envelope within which compliance with these provisions is feasible:
[1]
Minimum building separations. See Table 4-5.5 in this subsection below for the minimum building separation distance:
Table 4-5.5 Minimum Building Separation Distances - Open Space Design Development | ||
|---|---|---|
From | To | Minimum Building Separation Distance at any One Point (feet) |
Rear wall of principal building | Another principal building | 50 |
Front or side wall of principal building | Another principal building | 20 |
Accessory building | Principal building to which it is accessory (e.g., on the same lot) | 20 |
Accessory building | Principal building to which it is not accessory (e.g., not on the same lot) | 50 |
[2]
Where any portion of a building wall is located less than five feet from any lot line, the placement and design of windows and doors on such building wall shall ensure privacy for adjacent properties. Privacy is maintained by orienting windows and doors away from sight lines (e.g., above or out of view into adjacent yards or opposing windows or doors of adjacent buildings) or by using obscure glass.
[3]
Where any portion of a building is located less than five feet from any lot line, a perpetual easement shall be provided for maintenance of such building, and measuring no less than 10 feet in width from the affected walls, which may be provided on the adjacent lot as applicable. This provision shall not apply to any lot line which separates two-family, single-family attached, single-family semidetached, or multiple-family dwelling units on the interior of the same principal building.
[4]
Except as provided under the subsection immediately below for principal buildings {§ 350-405D(2)(e)[5]}, there shall be a minimum and maximum front build-to line, in which no principal building shall be closer than 15 feet nor farther than 20 feet from the street right-of-way or the outside edge of the curb for an access drive. Additionally, no less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line; except, however, no less than 50% of any single-family attached or multiple-family dwelling building must be located on the front build-to line. Front build-to lines shall be measured between the street right-of-way line or the outside edge of the curb for access drives and the closest facade of the building, including porches. No part of any building shall extend closer to a street or access drive than the minimum front build-to line.
[5]
All proposed buildings and dwelling units in an open space design development shall be situated so that they are set back a minimum distance from the predevelopment perimeter boundary of the tract proposed for an open space design equal to the applicable minimum setback dimension under the applicable base zone. Existing buildings and dwellings resulting from the conversion of existing buildings, existing prior to November 7, 2013, shall comply with Article VII of this chapter relating to expansion or alteration (§ 350-704).
[6]
Maximum building dimensions. See Table 4-5.6 in this subsection below for the maximum building dimension regulations:
Table 4-5.6 Maximum Building Dimensions - Open Space Design Development | ||
|---|---|---|
Use | Maximum Building Width (feet) | Maximum Building Depth (feet) |
Buildings1 | 160 | 75 |
NOTES: | |
|---|---|
1 | Existing buildings and dwellings resulting from the conversion of existing buildings, existing prior to November 7, 2013, shall be exempt from these requirements. |
[7]
Maximum height. The maximum permitted height shall be 45 feet.
[8]
Additional requirements for specific residential building types.
[a]
Residential conversions. All buildings used as part of multiple-family conversions or two-family conversions shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.
[9]
Maximum permitted lot coverage. See Table 4-5.7 in this subsection below for the maximum lot coverage regulations for the buildable portion of the open space design development tract and public open space land parcel:
Table 4-5.7 Maximum Lot Coverage - Open Space Design Development | |
|---|---|
Lot Area | Maximum Lot Coverage |
Buildable portion of the open space design development tract | 70% |
Public open space land parcel | 10% |
[10]
While conformance to these area and bulk regulations set forth in the subsections above [§ 350-405D(2)(e)] is not dependent upon any specific minimum lot area or dimensions, in the course of conditional use approval, the applicant shall be required to demonstrate to the satisfaction of the Township Board of Supervisors that any lots established under the standards, criteria, and regulations set forth in the (OSDO) Zone are of appropriate size and shape relative to the following:
[a]
Establishment of suitable private yard areas for all residences; but no private yard area, exclusive of buildings, shall be less than 400 square feet per dwelling unit for single-family and two-family dwellings;
[b]
The proposed use of and activities upon any adjacent public open space land;
[c]
All principal buildings shall comply with the architectural design provisions of the subsection below relating to architectural design [§ 350-405E(1)].
(3)
Off-street parking. Off-street parking shall be provided for in accordance with Article V of this chapter relating to off-street parking (§ 350-520), with the exception that the minimum required spaces associated with the multiple-family dwelling use, as set forth in Table 5-20.1 of § 350-520, shall be as follows:
Multiple-family dwelling | 2.2 spaces per dwelling unit |
(4)
Fences and walls. Fences and walls shall be permitted in accordance with Article V of this chapter relating to fences and walls (§ 350-509), with the exception that § 350-509E(2) shall not be applicable to walls in the OSDO Zone and the following subsections shall be applicable to walls in the OSDO Zone in place of § 350-509E(2):
(a)
Six feet in any side or rear yard; provided, however, the Township Board of Supervisors may, as part of an application for conditional use approval for an open space design development submitted in accordance with § 350-405C(1)(a), permit the erection of a wall to a height more than six feet in any side or rear yard subject to demonstrating compliance with the following criteria:
[1]
Compliance with the PA UCC, latest edition as amended.
[2]
Signed and sealed design calculations by a qualified, professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania. The design and calculations shall be based upon soils and site conditions at the proposed project site as determined by on-site soils testing and analysis.
[3]
Pedestrian fencing, a minimum of 48 inches high as measured from the top of the wall, shall be provided along all the top of walls. Fencing shall be designed to discourage climbing by pedestrians. The wall design shall include all loads associated with the fence. All fencing shall be maintained in a first-class condition.
[4]
Guiderails designed in accordance with PennDOT criteria shall be provided immediately adjacent to any street, access drive or parking space within 15 feet of any wall. The guiderail shall be designed to prohibit any vehicle from leaving the street, access drive or parking space and striking or damaging any wall. The wall design shall include all loads associated with the guiderail. All guiderails shall be maintained in a first-class condition.
E.
Additional building and development design standards.
(1)
Architectural design. It is not the intention of the Township of Rapho to govern specific architectural design nor to link conditional use approval to any specific architectural design criteria. Where the Township Board of Supervisors determine that architectural design as presented by the applicant is an essential means by which the open space design development complies with the objectives set forth in the (OSDO) Zone, the Township Board of Supervisors may require, as a condition of approval, legally binding assurances in a recordable form acceptable to the Township of Rapho that ensures ongoing and future compliance with these architectural design requirements.
F.
Public open space land standards. The location, layout, design, uses, facilities, and activities of the public open space land shall comply with the following standards, criteria, and regulations so as to serve Township residents adequately and conveniently and to promote conservation of the unique, sensitive, and important natural features and landscapes.
(1)
Consistency with adopted plans. The public open space land shall be generally consistent with the most recent version of the Township Comprehensive Plan, any regional open space, recreation, and greenway plan, or other applicable plan adopted by the Township of Rapho.
(2)
Unique, sensitive, and important natural features and landscapes. The public open space land shall be configured to promote conservation of the following unique, sensitive, and important natural features and landscapes, to the extent feasible. It is not the intention of the Township of Rapho to require the preservation of all of the following unique, sensitive, and important natural features and landscapes:
(c)
Wetlands. Wetlands delineated by the National Wetlands Inventory (NWI).
(e)
Rock outcroppings and unique geologic features. Rock outcroppings, and all lands adjoining and within 100 feet of unique geologic features. Unique geologic features consists of those areas listed in the Pennsylvania Geological Survey's publication, Outstanding Scenic Geological Features of Pennsylvania (Part 1 and 2);
(f)
Natural steep slopes. Natural steep slope areas consist of contiguous areas of at least 3,000 square feet with a slope greater 25%;
(h)
PHMC Identified Historic and Archeological Resources;
(i)
Natural heritage areas. Lands adjoining and within 50 feet of natural heritage areas as identified in the most recent version of the Natural Heritage Inventory of Lancaster County;
(j)
Designated park, recreation, and open space land. Lands adjoining and within 150 feet of any designated park, recreation, and open space land areas;
(k)
PNDI sites; and
(l)
Wildlife and natural habitats.
(3)
Public open space permitted land uses. See Table 4-5.8 in this subsection below for the permitted uses for which the public open space land may be used:
Table 4-5.8 Public Open Space Permitted Land Uses - Open Space Design Development | |
|---|---|
Use | Permitted Use of Public Open Space Land |
Conservation areas | P |
Crops/gardening | P |
Municipal-owned uses | P |
Parks/playgrounds | P |
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone. | P |
NOTES: | |
|---|---|
P | Permitted |
(4)
Stormwater management facilities.
(a)
Except as may be provided in the subsection immediately below [§ 350-405F(4)(b)], no more than 15% of the public open space land shall consist of stormwater management facilities. All stormwater management facilities permitted to be located in public open space land shall be limited to approved stormwater/water quality BMPs complying with the provisions of the Township of Rapho stormwater requirements. Such stormwater management facilities shall be owned and maintained by an approved homeowners' association or other entity approved by the Township Board of Supervisors.
(b)
At the discretion of the Township Board of Supervisors, more than 15% of the public open space land may be devoted to stormwater management facilities where the applicant can demonstrate to the satisfaction of the Township Board of Supervisors that such facilities:
(5)
Sewage service and water supply facilities and essential services. Subject to the provisions of measurement of minimum required public open space land stipulated in the (OSDO) Zone, underground sewage service and water supply facilities, along with other underground or overhead essential services, may be located entirely or partially within the public open space land. Where such facilities are so located, easements satisfactory to the Township Board of Supervisors shall be established to require and enable maintenance of such facilities by the appropriate parties.
(6)
Layout and design of public open space permitted land. The layout and design of the required public open space land shall include:
(a)
At least 1/2 of the lots or dwelling units in an open space design development shall directly adjoin or face the required public open space land across a street or access drive; and all lots or dwelling units shall be within 400 feet of the required public open space land.
(b)
A centrally located access point to the required public open space land, with a minimum width of 35 feet, shall be provided for every 15 lots or dwelling units.
(c)
At least one side of the required public open space land shall adjoin a street or access drive for a minimum distance of 50 feet and suitable for access of emergency and maintenance vehicles.
(d)
The required public open space land shall be located near and interconnected with park/recreation or open space areas on adjoining parcels wherever possible including, where appropriate, provisions for trails and pathways for general public use to create linked systems within Rapho Township and surrounding municipalities.
(7)
Areas and features not qualifying for public open space land.
(a)
No portion of the public open space land shall be measured as contributing to the minimum required public open space land or to any public open space land utilized in calculation of any density bonus where:
[1]
Within 25 feet of any building except buildings devoted to public open space permitted land uses.
[2]
Extending less than 100 feet in the narrowest dimension at any point, except as provided in the subsection immediately below [§ 350-405F(7)(b)].
(b)
Where deemed appropriate by the Township Board of Supervisors, public open space land may have a dimension less than 100 feet if such areas contain at least one of the following amenities:
(8)
Perimeter parking and street frontage and access. Where deemed appropriate by the Township Board of Supervisors, the required public open space land shall be provided with sufficient perimeter parking, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance, vehicle, and other traffic, and containing appropriate access improvements.
(9)
Coordination with SLDO park and recreation land dedication requirements. Open space design developments providing the minimum amount of required public open space land as required by the (OSDO) Zone shall not be required to provide additional park and recreation land or fees in lieu of in accordance with the SLDO.
(10)
Development in phases. Where an open space design development is planned to occur in two or more development phases, all of the required public open space land shall be offered for dedication, and permanently recorded the first phase.
(11)
Analysis and required public open space land plan.
(a)
In designing and providing for the public open space land and associated facilities, in addition to the need, adequacy, and feasibility of the proposed location, layout, design, uses, facilities, and activities, the following shall be considered:
[1]
Compatibility with the public open space resource protection objectives set forth in the subsection above relating to public open space land standards (§ 350-405F); and
[2]
The park and recreation facility needs of the Township, and the area adjacent to the proposed open space design development and the public open space land.
(b)
Any application for an open space design development shall contain a conceptual plan for the long-term management of the public open space land which is to be created as part of the open space design development.
[1]
At a minimum, such a plan shall include a discussion of the:
[a]
Manner in which the public open space land will be owned and by whom it will be managed and maintained;
[c]
Professional and personnel resources that will be necessary in order to maintain and manage the property;
[d]
Nature of public access that is planned for the public open space land; and
[e]
Source of money that will be available for such management, preservation and maintenance on a perpetual basis.
[2]
The adequacy and feasibility of this conceptual management plan, as well as its compatibility with the open space resource protection objectives set forth in the subsection above relating to public open space land standards (§ 350-405F) shall be a factor in the approval or denial of the conditional use application by the Township Board of Supervisors.
(c)
The conceptual management plan shall be transformed into a more detailed public open space land management plan and presented to the Township of Rapho for review and approval with the preliminary subdivision and/or land development plan. The Township Board of Supervisors may require that the management plan be recorded, with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Lancaster County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Township Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of preservation of open space land set forth in the (OSDO) Zone and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township of Rapho without the consent of the Township Board of Supervisors, and the approval of the Township Board of Supervisors in that regard shall not be unreasonably withheld or delayed.
G.
Standards for ownership of public open space land.
(1)
Except to provide for permitted public open space area land uses, public open space land shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township of Rapho and duly recorded in the office of the Recorder of Deeds of Lancaster County. Subject to such permanent restrictions and the requirement that the public open space land and associated facilities be open and accessible to the residents of Rapho Township, public open space land in any open space design development may be owned by the Township Board of Supervisors, a homeowners' association, a land trust or other conservation organization recognized by the Township, or by a similar entity, or may remain in private ownership.
(a)
Offer of dedication.
[1]
The Township of Rapho may, but shall not be required to, accept dedication in the form of fee simple ownership of the public open space land, provided:
[2]
Where the Township of Rapho accepts dedication of the public open space land that contain improvements, the Township Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
(b)
Homeowners' association. The public open space land and associated facilities may be held in common ownership by a homeowners' association. The homeowners' association shall be formed and operated under the following provisions:
[1]
The developer shall provide a description of the homeowners' association including its bylaws and methods for maintaining the public open space land.
[2]
The homeowners' association shall be organized by the developer and operating with financial subsidization by the developer, before the sale of any lots within the open space design development.
[3]
Membership in the homeowners' association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the homeowners' association from developer to homeowners shall be identified.
[4]
The homeowners' association shall be responsible for maintenance and insurance on the public open space land, enforceable by liens placed by the homeowners' association. Maintenance obligations also may be enforced by the Township of Rapho, which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the open space design development is located may place liens on the owners of the public open space land to collect unpaid taxes.
[5]
The members of the homeowners' association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the homeowners' association declaration or bylaws. Homeowners' association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).
[6]
In the event of a proposed transfer, within the methods here permitted, of public open space land by the homeowners' association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the open space design development.
[7]
The homeowners' association shall have or hire adequate staff or professional consultant to administer common facilities and properly and continually maintain the public open space land.
[8]
The homeowners' association may lease the public open space land to any other qualified person, or corporation, for operation and maintenance of such lands, but such a lease agreement shall provide:
[9]
The lease shall be subject to the approval of the Township Board of Supervisors and any transfer or assignment of the lease shall be further subject to the approval of the Township Board of Supervisors. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Lancaster County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township of Rapho.
[10]
Homeowners' association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and/or land development plans. At the time of preliminary plan submission, the applicant shall provide draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with the standards, criteria, and regulations set forth in the (OSDO) Zone.
(c)
Condominiums. The public open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Township Board of Supervisors. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act.[2] All public open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of the subsection above [§ 350-405G(1)(b)], set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and/or land development plans. At the time of preliminary plan submission, applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with the standards, criteria, and regulations set forth in the (OSDO) Zone.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(d)
Transfer of easements to a private conservation organization. With the permission of the Township Board of Supervisors, an owner may transfer easements to a private, nonprofit, organization recognized by the Township of Rapho, among whose purpose it is to conserve open space and/or natural resources, provided that:
[1]
The organization is acceptable to Township Board of Supervisors and is a bona fide conservation organization with perpetual existence;
[2]
The conveyance contains appropriate provision for proper reverter or retransfer in event that organization becomes unwilling or unable to continue carrying out its functions;
[3]
A maintenance agreement acceptable to the Township Board of Supervisors is entered into by the developer and the organization; and
[4]
The public open space land and associated facilities are open and accessible to the residents of Rapho Township.
(e)
Private ownership of public open space land. Public open space land may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards, criteria, and regulations for public open space land set forth in the (OSDO) Zone, and open and accessible to the residents of Rapho Township. All or portions of the designated public open space land, where permitted by the Township Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Township Board of Supervisors may require that responsibility for maintenance of the public open space land be conferred upon and/or divided among the owners of one or more individual lots.
(2)
Public open space land financial security for completion.
(a)
All landscape improvements, plantings, accessways, trails, and recreational facilities within the public open space land shall be provided by the developer as applicable. Financial security shall be required to cover costs of all installation of proposed improvements in the public open space land. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under the SLDO.
(b)
An appropriate portion of the financial security will be applied by the Township of Rapho should the developer fail to install the landscape improvements, plantings, accessways, trails, and recreational facilities.
(3)
Public open space land financial security for maintenance. Where the Township of Rapho accepts dedication of the public open space land that contain improvements, the Township Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under the SLDO.