Salisbury Township City Zoning Code
ARTICLE II
Zone Regulations
§ 340-12 Agricultural Zone (A).
A.
Purpose. The primary purpose of this zone is to promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. Areas contained within the zone have been specifically identified as possessing valuable and nonrenewable natural and cultural resources. This zone also intends to protect and stabilize the Township's viable agricultural economy by eliminating uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices and related businesses. Finally, the provisions of this zone have been specifically formulated to further the objectives of the Municipalities Planning Code which provides that local zoning ordinances shall be designed "to preserve prime agriculture and farm land considering topography, soil type and classification and present use."
B.
Permitted uses.
[Amended 2-20-2018 by Ord. No. 2-20-18-1; 7-21-2020 by Ord. No. 7-21-20-1; 9-6-2022 by Ord. No. 9-6-22-1]
(1)
Agriculture, excluding commercial poultry, commercial hog, and commercial produce operation as defined herein, and including one single-family detached dwelling.
(3)
Public and nonprofit parks and playgrounds.
(4)
Public and/or nonprofit schools.
(5)
Single-family detached dwellings other than those allowed by § 340-12B(1) and subdivisions of residential lots containing an existing, or to enable the construction of a new, single-family detached dwelling and subdivisions of lots to contain existing or proposed principal nonagricultural uses or land developments for principal nonagricultural uses as follows:
(b)
For a parent tract of between 10 acres and 26 acres held in single and separate ownership on July 27, 2009, which contained no dwellings on July 27, 2009: one single-family detached dwelling meeting all requirements of §§ 340-12E and 340-110 and subdivision of one residential lot or principal nonagricultural use with the subdivided lot or principal nonagricultural use meeting the requirements of §§ 340-12E and 340-110.
(c)
For a parent tract of between 10 acres and 26 acres held in single and separate ownership on July 27, 2009, which contained one dwelling on July 27, 2009: subdivision of one residential lot or one principal nonagricultural use with the subdivided lot or nonagricultural use meeting the requirements of §§ 340-12E and 340-110.
(d)
For a parent tract of between 26 acres and 50 acres held in single and separate ownership on July 27, 2009, which contained no dwellings on July 27, 2009:
(e)
For a parent tract of between 26 acres and 50 acres held in single and separate ownership on July 27, 2009, which contained one dwelling on July 27, 2009: subdivision of one residential lot or one principal nonagricultural use, with the dwelling or lot or nonagricultural use meeting the requirements of §§ 340-12E and 340-110.
(f)
For a parent tract of between 26 acres and 50 acres held in single and separate ownership on July 27, 2009, which contains two dwellings: subdivision of one residential lot containing one of the existing dwellings on the parent tract, with the residential lot or nonagricultural use meeting the requirements of §§ 340-12E and 340-110.
(6)
Public uses and public utilities structures.
(8)
Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:
(a)
Roadside stands for the sale of agricultural products grown on the site, subject to the following:
[1]
One structure used to display such goods shall be allowed per lot. Such structure shall be 400 square feet or less in size on lots less than 10 acres and 1,000 square feet or less in size on lots 10 acres or greater. Such structure shall meet the requirements of the UCC unless such structure meets the provisions for exemption from the UCC in the Pennsylvania Construction Code Act, as amended by Act 35 of 2017.
[2]
No less than 50% of the items sold shall be grown or produced on the lot on which the structure is located.
[3]
The structure shall be set back at least 30 feet from the street right-of-way and at least 50 feet from any side or rear property line.
[6]
No roadside stands or related signs shall be installed prior to obtaining a permit under this chapter and meeting all requirements of Chapter 296, Stormwater Management. A structure that meets all of the requirements of this § 340-12B(8)(a) shall be considered an accessory agricultural building for the purposes of the Uniform Construction Code.
(b)
Manure storage facilities subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance with PADEP regulations and publications.
[2]
All waste storage facilities' designs shall be reviewed by the Lancaster County Conservation District or by a professional engineer with expertise in manure storage design. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility or by a professional engineer with expertise in manure storage design.
[3]
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Lancaster County Conservation District or by a professional engineer with expertise in manure storage design.
(c)
Accessory day-care facilities.
(d)
Beekeeping, if conducted as an accessory use to a farm, subject to the following requirements:
[1]
It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.
[2]
Colonies shall be maintained in movable frame hives.
[3]
Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.
[4]
Hives shall be located no closer than 100 feet from any property line unless a minimum six-foot-high fence or hedge is located along any adjoining property lines for a distance at least 100 feet from the hive(s). In no case shall hives be located within 50 feet of any property line.
[5]
All hives shall have access to an on-site water supply. Unless a natural water supply exists on the subject property, the applicant shall furnish a water filled tank with a board or crushed rock for the bees to land on.
[6]
Hives shall not be oriented to children's play areas or neighboring properties.
[7]
Adequate techniques in handling bees such as re-queening and adequate hive space shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.
(e)
Residential accessory buildings, including but not limited to private garages, utility sheds, and horse and carriage barns; provided, however, that the combined footprint of all residential accessory buildings shall not exceed the total square footage set forth below:
C.
Special exception uses (subject to the review procedures listed in § 340-138C).
[Amended 2-20-2018 by Ord. No. 2-20-18-1; 9-6-2022 by Ord. No. 9-6-22-1]
(10)
(Reserved)
(16)
Residential accessory buildings, including but not limited to private garages, utility sheds, and horse and carriage barns, where the combined footprint of all residential accessory buildings will exceed the square footage set forth in § 340-12B(8)(e) (see § 340-118).
(19)
Accessory uses customarily incidental to the above uses.
E.
Design standards. See table below.[1]
[1]
Editor's Note: The table Design Standards, Agricultural Zone (A) is included as an attachment to this chapter.
F.
Intensive agricultural setbacks. No new slaughter area, area for the storage or processing of manure, garbage or spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock or any building housing livestock shall be permitted within 300 feet of any land within the R-1 and R-2 zones.
G.
H.
Required conservation plan. Any agricultural, horticultural or forestry related uses which involve earth-moving activities, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the Lancaster County Conservation District pursuant to Chapter 102, Erosion and Sediment Control, of Title 25, Rules and Regulations, Department of Environmental Protection. All on-site activities shall then be in compliance with the approved conservation plan.
J.
Agricultural nuisance disclaimer. All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, the "Right to Farm Law," may bar them from obtaining a legal judgment against such normal agricultural operations.
K.
Vegetation setback requirement. On any separate nonfarm parcel, no shrub nor tree shall be planted within 20 feet and 30 feet, respectively, of any land used for agricultural purposes.
L.
Subdivision and land development within the Agricultural Zone (A). It is the intent of the Supervisors to preserve and protect agriculture and to preserve prime agricultural soils through limitations on subdivision and land development within the Agricultural Zone (A).
[Amended 2-20-2018 by Ord. No. 2-20-18-1; 9-6-2022 by Ord. No. 9-6-22-1]
(1)
For each parent tract containing at least 51 acres there shall be permitted the subdivision of one lot (which shall specifically include, but not be limited to, a subdivision to create a residential lot, a lot for a principal nonagricultural use, a farm or farms and a subdivision to change lot lines or a lot add-on subdivision which removes land from one or more parent tracts to add the land to another parent tract or lot) or the erection of one principal nonagricultural building on the parent tract, but not both, with the newly created lot or portion of the parent tract used for nonagricultural purposes limited to the maximum lot size set forth in § 340-12E, for each 25 acres within the parent tract. A tabular example of this limitation on the creation of lots or the erection of dwellings is as follows:
Parent Tract Size in Acres | Number of Lots Permitted to Be Subdivided or Dwellings or Principal Nonagricultural Buildings Permitted to Be Erected |
|---|---|
At least 51 but less than 75 | 2 |
At least 75 but less than 100 | 3 |
At least 100 but less than 125 | 4 |
At least 125 but less than 150 | 5 |
At least 150 but less than 175 | 6 |
At least 175 but less than 200 | 7 |
(a)
For those parent tracts which contain at least 51 acres, the table set forth above shall be followed to determine the number of lots which may be created or the number principal nonagricultural buildings which may be erected. Whenever possible, each lot shall be created to contain and each nonagricultural building shall be erected on soils with the agricultural land capability classifications of IV, V, VI, VII, or VIII as defined by the USDA. The burden shall be upon the applicant to demonstrate that development on such soils is not possible. If subdivision of a lot with such soils or the location of a principal nonagricultural building upon such soils is not possible, the lot or principal nonagricultural building shall be so located as to be directly adjacent to an existing public road.
(b)
If a parent tract is to be subdivided to create a new lot for a farm, the parent tract from which the proposed lot for a farm shall be subdivided (i.e., the remainder of the parent tract) and the new lot to be created for the new farm each must contain a minimum of 50 acres. The remainder of the parent tract shall be considered the lot containing the dwelling(s) existing on the date of filing the subdivision plan. The applicant shall have the burden to present substantial evidence to the Zoning Officer to support the applicant's position that the principal use of the new lot will be a farm.
(c)
A landowner of a parent tract shall not be permitted to subdivide the lots if such subdivision or subdivisions will result in the parent tract from which the proposed lot(s) shall be subdivided (i.e., the remainder of the parent tract) being less than 50 acres.
(2)
The number of lots which may be created from or principal nonagricultural buildings which may be erected on the parent tract shall be fixed according to the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner of a parent tract or land remaining in a parent tract after subdivision shall be bound by the actions of his predecessor.
(3)
Any land development, the purpose of which is to permit the erection of a structure for a nonagricultural principal use on the parent tract shall be considered a subdivision for the purposes of this section. It is the purpose and intent of this section to limit the development of agricultural tracts for nonagricultural purposes regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the MPC.
(a)
The land development plan for the erection of the nonagricultural building shall demonstrate that the area devoted to the nonagricultural building and its curtilage shall not exceed the maximum lot area for a residential lot.
(b)
The land development plan authorizing the erection of the nonagricultural building shall contain plan notes to limit the curtilage of the nonagricultural building, and the conversion of agricultural land and the land development plan shall expressly indicate the limits of the curtilage.
(4)
No subdivision shall be permitted which shall increase the lot size of a lot of record used or to be used for residential purposes in excess of the maximum lot size as set forth herein. Any lot which is less than 10 acres in size shall be presumed to be used for residential purposes.
(5)
Exemptions from limitation on subdivision of land or erection of additional dwelling units. The following types of subdivisions shall not be counted against the subdivision/land development quota established by § 340-12L(1):
(a)
A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the parent tract from which the land is taken and the parent tract to which the land is added will be 50 acres or greater after such subdivision.
(b)
A subdivision to create a lot which will be transferred to the Township, a municipal authority created by the Township, or another entity with the power of eminent domain.
(c)
A subdivision by lease to enable the development of a one-room or two-room schoolhouse used by members of a recognized religious sect if the lease provides that upon cessation of operation of the school all buildings will be removed and the land will be returned to agricultural production. This lease area shall meet the limitations of §§ 340-12E and 340-110.
(d)
A farmhouse expansion in accordance with §§ 340-12B(7) and 340-80.
(e)
A two-family conversion in accordance with §§ 340-12C(7) and 340-115.
(f)
The conveyance of or the erection of a single-family detached dwelling on a lot of record containing two acres or less which was separately deeded before July 27, 2009.
(6)
If a parent tract contains in excess of 52 acres and all lots subdivided from such parent tract do not exceed the maximum lot area for a residential lot in § 340-12E and are clustered in a single portion of the parent tract, the owner of such parent tract shall be entitled to subdivide one lot, which shall not exceed the maximum lot area for a residential lot in § 340-12E and which shall be located adjacent to such other lots, in addition to the number of lots established in § 340-12L(1). By way of example only, if a parent tract contains 90 acres and the owner of such parent tract subdivided three lots, none of which exceeded the maximum lot area for a residential lot in § 340-12E, the owner of such parent tract shall be entitled to subdivide a fourth lot which shall not exceed the maximum lot area for a residential lot in § 340-12E. It is the legislative intent of this provision to encourage the maintenance of large farms within the Township.
(7)
For each parent tract containing less than 10 acres, it is presumed that the use of such parent tract is not agricultural and the size of such parent tract is too small to support a productive agricultural operation. To recognize the need of the Township's agricultural community for residential lots for members of extended families of the Township's farmers, there shall be no limits on residential subdivisions of parent tracts containing less than 10 acres which meet all requirements of § 340-110.
§ 340-13 Rural Residential Zone (RR).
[Amended 7-21-2020 by Ord. No. 7-21-20-1; 9-6-2022 by Ord. No. 9-6-22-1; 11-21-2023 by Ord. No. 11-21-23-1]
A.
Purpose. The primary purpose of this zone is to promote a continuation of the rural character of the area, characterized by a mixture of sparsely developed residential uses. In addition, other small-scale nonresidential uses have developed. This zone will continue this development trend but will install additional protection for rural residences from the impacts of other nonresidential uses. These areas are not likely to be served by public sewer or water facilities within the foreseeable future; therefore, larger lot sizes are indicated. This zone has been deliberately located away from large areas of productive farmlands; nonetheless, considerable areas have been placed within this zone owing to the Township's overall rural flavor. Because of the location of these areas between farmland and wooded uplands, some steep slopes are included. For this reason, specific lot design requirements have been imposed on steeply sloped development sites.
B.
Permitted uses.
(1)
Agricultural, excluding commercial poultry, commercial hog and commercial produce operations as defined herein, and horticultural uses. Forestry uses subject to the requirements of § 340-47 of this chapter.
(2)
Single-family detached dwellings.
(3)
Public and/or nonprofit parks and schools.
(4)
Public uses and public utilities structures.
(5)
Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:
(a)
Roadside stands for the sale of agricultural products grown on the site, subject to the following:
[1]
One structure used to display such goods shall be allowed per lot. Such structure shall be 400 square feet or less in size on lots less than 10 acres and 1,000 square feet or less in size on lots 10 acres or greater. Such structure shall meet the requirements of the UCC unless such structure meets the provisions for exemption from the UCC in the Pennsylvania Construction Code Act, as amended by Act 35 of 2017.
[2]
No less than 50% of the items sold shall be grown or produced on the lot on which the structure is located.
[3]
The structure shall be set back at least 30 feet from the street right-of-way and at least 50 feet from any side or rear property line.
[6]
No roadside stands or related signs shall be installed prior to obtaining a permit under this Chapter and meeting all requirements of Chapter 296, Stormwater Management. A structure that meets all of the requirements of this § 340-12B(8)(a) shall be considered an accessory agricultural building for the purposes of the Uniform Construction Code.
(b)
Manure storage facilities subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance with the current regulations of the Department of Environmental Protection.
[2]
All waste storage facilities' designs shall be reviewed by the Lancaster County Conservation District or by a professional engineer with expertise in manure storage design. The applicant shall furnish a letter from the Lancaster County Conservation District attesting to approval of the design of the proposed facilities or a letter from a professional engineer with expertise in manure storage design.
[3]
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Lancaster County Conservation District or by a professional engineer with expertise in manure storage design.
(c)
Accessory day-care facilities.
(d)
Beekeeping, if conducted as an accessory use to a farm, subject to the following requirements:
[1]
It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.
[2]
Colonies shall be maintained in movable frame hives.
[3]
Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.
[4]
Hives shall be located no closer than 100 feet from any property line unless a minimum six-foot-high fence or hedge is located along any adjoining property lines for a distance at least 100 feet from the hive(s). In no case shall hives be located within 50 feet of any property line.
[5]
All hives shall have access to an on-site water supply. Unless a natural water supply exists on the subject property, the applicant shall furnish a water-filled tank with a board or crushed rock for the bees to land on.
[6]
Hives shall not be oriented to children's play areas or neighboring properties.
[7]
Adequate techniques in handling bees such as requeening and adequate hive space shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.
(e)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns; provided, however, that the combined footprint of all residential accessory buildings shall not exceed 1,500 square feet.
C.
Special exception uses (subject to the procedures presented in § 340-138C of this chapter).
(7)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns, where the combined footprint of all residential accessory buildings will exceed 1,500 square feet (see § 340-118).
(9)
Accessory uses customarily incidental to the above uses.
D.
Design standards.
E.
Maximum permitted height.
§ 340-14 Residential Zone (R-1).
A.
Purpose. This zone is meant to accommodate suburban detached residential growth within the Township. This zone coincides with potential sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. When no public sewers are provided, minimum lot area requirements have been sized to provide for an initial and an alternate on-site sewage disposal system. All detached units that are proposed without the use of public sewers will be required to be situated to one side of a wider lot, so that future infill development potentials can be protected in the event public sewers become available. Last, multifamily and nonresidential uses have been specifically excluded to protect the single-family residential character of these neighborhoods.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Public and/or nonprofit parks.
(3)
Public utilities structures.
(5)
Accessory uses customarily incidental the above-permitted uses, including, but not limited to, accessory day-care facilities.
(6)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns; provided, however, that the combined footprint of all residential accessory buildings shall not exceed 1,176 square feet.
C.
Special exception uses (see § 340-138C).
(6)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns, where the combined footprint of all residential accessory buildings will exceed 1,176 square feet (see § 340-118).
(7)
Accessory uses customarily incidental to the above uses.
[Added 9-6-2022 by Ord. No. 9-6-22-1]
E.
Design standards. See table below.[1]
[1]
Editor's Note: The table Design Standards, Residential Zone R-1 - Conventional is included as an attachment to this chapter.
F.
Maximum permitted height.
§ 340-15 Residential Zone (R-2).
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
A.
Purpose. This zone seeks to accommodate the higher density needs of the Township. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. This zone is located near major transportation routes. Certain civic and residential related uses have also been allowed to enhance convenient access to this higher concentration of residents. This zone coincides with expected sewer utility service areas; however, the actual availability of these services is likely to occur at different times, and in different areas. As a result, permitted densities and housing types have been adjusted according to the availability of these public utilities. All detached units that are proposed without the use of public sewers will be required to be situated to one side of a wider lot, so that future in-fill development potentials can be protected in the event public sewers become available.
B.
Permitted uses.
(1)
Single-family detached dwellings on conventional lots.
(2)
Single-family semidetached dwellings on conventional lots.
(3)
Two-family dwellings on conventional lots.
(4)
Public and/or nonprofit parks.
(5)
Public uses and public utilities structures.
(7)
Accessory uses customarily incidental to the above permitted uses, including, but not limited to, accessory day-care facilities.
(8)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns; provided, however, that the combined footprint of all residential accessory buildings shall not exceed 1,176 square feet.
C.
Special exception uses (see § 340-138C).
(9)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns, where the combined footprint of all residential accessory buildings will exceed 1,176 square feet (see § 340-118).
(10)
Accessory uses customarily incidental to the above uses.
[Added 9-6-2022 by Ord. No. 9-6-22-1]
F.
Design standards for cluster development.[3]
(1)
Area and bulk regulations.
(2)
Public gathering space.
(a)
A public gathering space or spaces shall be provided for all townhome and multiple-family cluster developments, and shall include pedestrian amenities such as a gazebo, pavilion, benches, a plaza, shade trees, and other plantings.
(b)
The minimum area for the public gathering space(s) shall be 5,000 square feet and the minimum width shall be 50 feet.
(c)
At least 25% of the common open space shall be built and maintained for public gathering space.
(d)
Public gathering space shall not exceed 5% in grade.
[3]
Editor's Note: The table Design Standards, Cluster Development is an attachment to this chapter.
H.
Maximum permitted height.
J.
Zero lot line development option design standards. Single-family detached dwellings may employ a zero-lot-line design when the following conditions have been satisfied.
(1)
One side wall of the building may be located no less than one inch from one of the side lot lines when adjoining another zero-lot-line dwelling lot. The opposite side yard shall be at least 20 feet wide.
(2)
A perpetual five foot building wall-maintenance easement shall be provided on the lot adjacent to the zero-lot-line. Such easement shall prohibit the placement of buildings that would interfere with the maintenance of the wall located along the zero-lot-line. Such easements shall be recorded on the deed of any zero-lot-line lots.
(3)
The wall of a dwelling located along the zero-lot-line shall have no openings (e.g., windows, doors, air-conditioning units, vents, etc.) unless such openings are located at least eight feet above grade.
(4)
The zero-lot-line dwelling shall be designed to integrate interior and exterior living areas. The dwelling's room layout and configuration of exterior walls should be coordinated so that visibility and pedestrian access are readily provided between indoor and outdoor living areas.
(5)
All groupings of zero-lot-line dwellings shall be separated from other singled-family detached dwellings on conventional lots by a fifty-foot wide landscaped buffer.
K.
General provisions. All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.[4]
[4]
Editor's Note: Original § 205, Neighborhood Commercial Zone (NC), which immediately followed this subsection, was repealed 2-20-2018 by Ord. No. 2-20-18-1.
§ 340-16 General Commercial Zone (GC).
A.
Purpose. This zone provides suitable locations for highway-oriented retail, service, and entertainment businesses. The uses often involve outdoor activities and/or storage areas such as automobile, boat and trailer sales and service establishments. The uses provided in this zone are meant to serve local residents as well as those motorists passing through the Township. Access to these areas is provided by adjoining major streets. Specific setbacks are imposed upon outdoor storage areas to protect adjoining properties and landscaping requirements should help to create an attractive site appearance. Finally, certain design incentives are provided for integrated uses that share access, parking, loading, signage, etc. These zones also allow for apartments above ground floor commercial uses. Strict design standards have been imposed to keep uses in this zone compatible with nearby homes.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions.
(3)
Restaurants and taverns (but not including drive-through or fast-food restaurants, nor nightclubs).
(4)
Retail sale of goods and services (including auto parts stores, without installation).
(5)
Hotels, motels and similar lodging facilities.
(6)
Automobile, boat, farm machinery, mobile home and trailer sales.
(7)
Theaters and auditoriums.
(8)
Public uses and utilities.
(9)
Private and commercial schools (excluding vocational and mechanical trade schools).
(12)
Funeral homes, mortuaries and crematoriums.
(13)
Clubhouses for private clubs.
(15)
Accessory uses customarily incidental to the above permitted uses.
(16)
Recycling collection facilities, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.
(17)
Medical or dental clinics.
C.
Special exception uses (subject to the procedures presented in § 340-138C of this chapter).
(3)
Automobile, boat, trailer, truck, farm machinery and mobile home service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops (see § 340-55).
(18)
Apartments above ground floor commercial uses (see § 340-50).
[Added 2-20-2018 by Ord. No. 2-20-18-1]
(19)
Accessory uses customarily incidental to the above uses.
[Added 9-6-2022 by Ord. No. 9-6-22-1]
E.
Lot area, lot width and lot coverage requirements. See following table:
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage (percent) |
|---|---|---|---|
None | 43,5601 | 200 | 40 |
Public water | 32,6701 | 150 | 50 |
Public sewer | 20,000 | 125 | 60 |
Both public sewer and public water | 15,000 | 100 | 70 |
1 | All uses relying upon on-lot sewers must comply with § 340-39 of this chapter. |
F.
Minimum setback requirements.
(1)
Front yard setback. All buildings, structures (except permitted signs) loading areas shall be set back at least 35 feet from the street right-of-way; off-street parking lots and outdoor storage areas shall be set back a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures shall be set back at least 20 feet from the side lot lines. Off-street parking lots, loading areas and outdoor storage areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances one of the side yard setbacks can be waived for a joint parking lot only.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
(3)
Rear yard setback. All buildings, structures, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 20 feet from the rear lot line except as provided in Subsection F(4) below.
(4)
Residential buffer strip. Any lot developed with a nonresidential use adjoining land within a residential zone or a lot containing a residential use shall maintain a thirty-five-foot setback from any lot line for buildings, structures, off-street parking lots, loading areas and outdoor storage areas from the residentially zoned parcel or lot containing a residential use. Such area shall be used for a landscape strip and screen in accordance with this § 340-16.
[Amended 9-6-2022 by Ord. No. 9-6-22-1]
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 340-35 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-34 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 340-36 of this chapter.)
M.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-36 of this chapter.)
N.
Waste products.
(1)
Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining streets or properties. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties. All waste receptacles shall be completely enclosed.
O.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 of this chapter.)
P.
Outdoor storage. Within this zone, the outdoor storage of vehicles, trailers, recreational vehicles, mobile homes, nursery and garden stock, sheds, playground equipment, pet houses and other similar outdoor appurtenances is permitted, provided all outdoor storage areas are screened from adjoining streets and properties, and the outdoor storage areas comply with the setbacks imposed within this section. The outdoor storage areas for automobile sales uses need not be screened from adjoining streets. Any outdoor storage of goods or materials that exceeds six feet in height shall be set back no less than 100 feet from any residentially zoned land and/or street. (See § 340-43 of this chapter for additional requirements.)
Q.
All uses must have Pennsylvania Department of Labor and Industry approval prior to building permit approval.
§ 340-17 Regional Commercial Zone (RC).
A.
Purpose. The purpose of this zone is to provide suitable locations for businesses that rely on a regional market area for customers. The uses permitted include a wide range of retail goods. The large minimum lot size protects the regional character of development by encouraging large uses, or an integration of smaller ones. The areas designated for this zone have premium vehicular access and exposure around major arteries. Design standards are imposed to create an attractive, well-landscaped setting with abundant convenient parking.
B.
Permitted uses.
(1)
Offices (business and professional).
(2)
Banks and similar financial institutions.
(3)
Restaurants and taverns (but not including drive-through or fast-food restaurants or nightclubs).
(4)
Retail sales of goods and services (including auto parts without installation).
(5)
Theaters and auditoriums.
(6)
Fast-food restaurants, if within an enclosed shopping center or mall and no direct outside access to the restaurant is provided.
(7)
Automobile parts store and automobile service and repair facilities if accessory to a department or variety store.
(9)
Accessory uses customarily incidental to the above-permitted uses, including, but not limited to, accessory day-care facilities.
(10)
Medical or dental clinics.
D.
Special exception uses.
(5)
Accessory uses customarily incidental to the above uses.
[Added 9-6-2022 by Ord. No. 9-6-22-1]
E.
Lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of five acres. For the purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.) that functions as one development site and satisfies all of those requirements imposed upon this zone.
F.
Minimum lot width: 300 feet.
G.
Minimum setback requirements.
(1)
Front yard setback. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 50 feet from the street right-of-way lines. Off-street parking lots shall be set back at least 25 feet from street right-of-way lines.
(2)
Side yard setbacks. All buildings and structures shall be set back at least 50 feet from the side lot lines. Off-street parking lots and loading areas shall be at least 25 feet from side lot lines; unless joint parking facilities are shared by adjoining uses. In such instances, one of the required side yard setbacks can be waived for parking lots only.
(3)
Rear yard setback. All buildings and structures shall be set back at least 50 feet from the rear lot line. Off-street parking lots and loading areas shall be set back at least 25 feet.
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a seventy-five-foot setback for buildings and structures, and a fifty-foot setback for off-street parking lots and loading areas, from the residentially zoned parcels. Such areas shall contain a fifty-foot wide landscape strip and a screen.
H.
Maximum permitted height: 45 feet.
I.
Maximum lot coverage: 60%.
J.
Outdoor storage. No outdoor storage shall be permitted.
K.
Off-street loading shall be provided as specified in § 340-35 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
L.
Off-street parking. Off-street parking shall be provided as specified in § 340-34 of this chapter.
N.
Access drive requirements. See § 340-33 of this chapter.
(2)
Distance from side property lines. Twenty-five feet; provided, however, this setback can be waived when a joint parking lot is shared by adjoining uses.
(3)
No more than one access drive per lot frontage is permitted, except that lot frontages of more than 1,000 feet may contain one additional access drive so long as such access drives are separated by at least 300 feet at the street line.
O.
Screening. A vegetative screen must be provided along any lands adjoining a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 340-36).
P.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A twenty-five-foot landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot, shared by adjoining uses (see § 340-36).
Q.
Waste products. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from adjoining streets and properties. All dumpsters shall be set back at least 100 feet from all lot lines.
R.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 of this chapter.)
S.
All commercial uses must have approval from the Pennsylvania Department of Labor and Industry prior to building permit approval.
§ 340-17.1 Mixed Use Zone (MU).
[Added 9-6-2022 by Ord. No. 9-6-22-1]
A.
Purpose. This zone provides suitable locations for retail, service, and entertainment businesses as well as high-density residential uses. The nonresidential uses provided in this zone are meant to serve local residents as well as those motorists passing through the Township. Access to these areas is provided by adjoining major streets. Certain design incentives are provided for integrated uses that share access, parking, loading, signage, etc. These zones also allow for apartments above ground floor commercial uses. Design standards have been imposed to keep uses in this zone compatible with nearby homes.
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions.
(3)
Restaurants and taverns (including drive-through and fast-food restaurants, but excluding nightclubs).
(4)
Retail sale of goods and services (including auto parts stores, without installation).
(5)
Public uses and utilities.
(7)
Funeral homes.
(8)
Medical or dental clinics.
(13)
Accessory uses customarily incidental to the above permitted uses.
C.
Special exception uses (subject to the procedures presented in § 340-138C of this chapter).
(1)
Automobile service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops (see § 340-55).
(4)
Private and commercial schools (excluding vocational and mechanical trade schools) (see § 340-100).
(9)
Accessory uses customarily incidental to the above uses.
E.
Lot area, lot width and lot coverage requirements. See following table:
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage (percent) |
|---|---|---|---|
None | 43,5601 | 200 | 40% |
Public water | 32,6701 | 150 | 50% |
Public sewer | 20,000 | 125 | 60% |
Both public sewer and public water | 15,000 | 100 | 70% |
NOTE: | |
1 | All uses relying upon on-lot sewers must comply with § 340-39 of this chapter. |
F.
Minimum setback requirements.
(1)
Front yard setback. All buildings and structures (except permitted signs) shall be set back at least 35 feet from the street right-of-way. No off-street parking lots and outdoor storage areas shall be located in the required front yard setback.
(2)
Side yard setback. All buildings and structures shall be set back at least 20 feet from the side lot lines. Off-street parking lots, loading areas and outdoor storage areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances one of the side yard setbacks can be waived for a joint parking lot only.
(3)
Rear yard setback. All buildings, structures, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 20 feet from the rear lot line except as provided in Subsection F(4) below.
(4)
Residential buffer strip. Any lot developed with a nonresidential use adjoining land within a residential zone or a lot containing a residential use shall maintain a thirty-five-foot setback from any lot line for buildings, structures, off-street parking lots, loading areas and outdoor storage areas from the residentially zoned parcel or lot containing a residential use. Such area shall be used for a landscape strip and screen in accordance with § 340-16.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading for nonresidential uses shall be provided as specified in § 340-35 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-34 of this chapter.
L.
Screening. Where a lot is developed with a nonresidential use, a visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 340-36 of this chapter.)
M.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-36 of this chapter.)
N.
Waste products.
(1)
Dumpsters may be permitted within the side or rear yard, provided that such dumpsters are screened from any adjoining streets or properties. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties. All waste receptacles shall be completely enclosed.
O.
Nonresidential operations standards. All nonresidential operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 of this chapter.)
P.
Outdoor storage. Within this zone, the outdoor storage of vehicles, trailers, recreational vehicles, nursery and garden stock, sheds, playground equipment, pet houses and other similar outdoor appurtenances is permitted, provided that all outdoor storage areas are screened from adjoining streets and properties, and the outdoor storage areas comply with the setbacks imposed within this section. Any outdoor storage of goods or materials that exceeds six feet in height shall be set back no less than 100 feet from any residentially zoned land and/or street. (See § 340-43 of this chapter for additional requirements.)
§ 340-18 Industrial Zone (I).
A.
Purpose. This zone provides for a wide range of industrial activities that contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the startup industries that are likely to emerge; however, larger and heavier industries have also been permitted. This zone provides for light industrial uses as permitted by right, but requires obtainment of a special exception for heavier and potentially more-objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major streets. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.
B.
Permitted uses. Uses permitted within this zone include the following, provided the total lot area devoted to such use does not exceed two acres. Any of the following uses that require more than two acres of lot area shall be regulated as conditional uses according to § 340-18D of this chapter:
(1)
Laboratories for medical, scientific or industrial research and development.
(2)
Manufacturing, packaging, storage and/or wholesaling of the following:
(a)
Furniture, cabinets, fixtures, office supplies, and other household appointments.
(b)
Scientific, specialized and technical instruments and equipment.
(c)
Audiovisual components, computers, vending machines, electronic equipment and video games.
(d)
Finished textile products.
(e)
Brushes, brooms and combs.
(f)
Hot tubs, spas, saunas and swimming pools.
(g)
Jewelry and other precious metals.
(h)
Photographic, lighting and timekeeping equipment.
(i)
Small household appliances, excluding major appliances.
(j)
Musical instruments and sporting equipment.
(k)
Cosmetics, toiletries and pharmaceuticals.
(l)
Optical, dental and medical supplies and equipment.
(m)
Small or novelty products from prepared materials (excluding the use of sheet metals).
(3)
(5)
Bookbinding, printing and publishing operations.
(6)
Machine shops.
(7)
Repair shops for products permitted to be manufactured in this zone.
(8)
Small engine repair shops.
(9)
Welding shops.
(10)
Sign makers.
(11)
Offices.
(12)
Public buildings and public utilities.
(14)
Vocational and mechanical trade schools.
(15)
Recycling collection facilities as an accessory use, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any materials, goods or furnishings that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.
(16)
Excavation contractor yards and shops.
(18)
Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on site, so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.
C.
Special exception uses (see § 340-138C).
(4)
Heavy industrial uses involving processing, packaging, production, repair or testing of materials, foods, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations (see § 340-87).
(6)
Heavy equipment sales, service and repair such as excavation machinery, boats, commercial trucks, buses, mobile homes, trailers, and other similar machinery (see § 340-86).
(19)
Slaughtering, processing, rendering, and packaging of products and by-products produced from animal remains (see § 340-111).
(21)
Accessory uses customarily incidental to the above uses.
[Added 9-6-2022 by Ord. No. 9-6-22-1]
D.
Conditional uses. Any of the uses permitted in § 340-18B that contain more than two acres in lot area.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
E.
Lot area, lot coverage requirements. See the following table:
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage (percent) |
|---|---|---|---|
None | 43,5601 | 200 | 40 |
Public water | 32,6701 | 150 | 50 |
Public sewer | 20,000 | 125 | 60 |
Both public sewer and public water | 15,000 | 100 | 70 |
1 | All uses relying upon on-lot sewers must comply with § 340-39 of this chapter. |
F.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters, outdoor storage areas and parking lots shall be set back at least 50 feet from any adjoining right-of-way.
(2)
Side yard setbacks. All buildings, structures (except permitted signs), dumpsters and off-street loading areas shall be set back at least 30 feet from any side property line. All outdoor storage areas and off-street parking lots shall be set back at least 15 feet from any side lot line, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters and off-street loading areas shall be set back at least 35 feet from any rear property line. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.
(4)
Residential buffer strip. Any use adjoining land within a residential zone, or across a street from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping (see § 340-36).
(5)
Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.
G.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 50 feet, except that chimneys, flagpoles, water tanks and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 50 feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all property lines.
H.
Off-street loading. Off-street loading shall be provided as specified in § 340-35 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-34 of this chapter.
L.
Screening. A visual screen must be provided along any lands adjoining a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 340-36 of this chapter).
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-36 of this chapter.)
(2)
A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
N.
Waste products.
(1)
Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining streets or properties. All dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties. All waste receptacles shall be completely enclosed.
O.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 of this chapter.)
P.
Outdoor storage. Within the Industrial Zone (I), outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining streets and properties, and they comply with all of those setbacks specifically imposed thereon listed in this section. Any outdoor storage of goods or materials that exceeds six feet in height shall be set back no less than 100 feet from any non-industrially zoned property and/or streets. (See § 340-43 of this chapter.)
Q.
All industrial uses must have approval from the Pennsylvania Department of Labor and Industry prior to approval of building permit.
§ 340-19 Rural Enterprise Zone (RE).
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
A.
Purpose. This zone intends to provide for centralized small-scale employment nodes within the vicinity of the Township's productive farmlands. This area is specifically located to provide for conveniently accessible supplemental employment and services for local residents, so as to further stabilize their commitment to the community. This zone is also located close to arterial and collector roads to concentrate the more intense uses to those thoroughfares. This zone contains limitations to minimize impacts while still providing for a range of industrial uses. Finally, specific design standards have been provided to protect nearby dwellings.
B.
Permitted uses.
(1)
Retail sales of goods and services.
(2)
Agricultural support businesses including the following:
(a)
Processing, packaging, storage and/or wholesaling of food products excluding breweries and distilleries, rendering or slaughtering operations, and sugar refineries.
(b)
Facilities for the warehousing, sales and service of agricultural equipment, agricultural vehicles, feed or supplies.
(c)
Facilities for the manufacture, fabrication and repair of agricultural equipment, including, but not limited to, planters, plows, cultivators, rollers, carts, and custom equipment.
(d)
Facilities for the manufacture, fabrication and repair of carriages, buggies, wagons and related appurtenances.
(e)
Veterinary offices and animal hospitals.
(3)
Manufacturing, packaging, and/or sales with accessory storage and accessory office space of the following:
[Amended 9-6-2022 by Ord. No. 9-6-22-1]
(a)
Furniture, cabinets, fixtures, office supplies, and other household appointments.
(b)
Scientific, specialized and technical instruments and equipment.
(c)
Finished textile products.
(d)
Brushes, brooms and combs.
(e)
Musical instruments and sporting equipment.
(f)
Cosmetics, toiletries, and pharmaceuticals.
(g)
Small or novelty products from prepared materials.
(h)
Manufacturing of accessory structures, including, but not limited to, sheds, gazebos, cupolas, playhouses, sliding boards, and similar residential accessory structures.
(4)
Sales and/or wholesaling with accessory storage and accessory office space of the following:
[Amended 9-6-2022 by Ord. No. 9-6-22-1]
(5)
Bookbinding, printing and publishing operations.
(6)
Small engine repair and machine shops.
(7)
Blacksmith, metal working and welding shops.
(8)
Sign makers.
(9)
Vocational and mechanical trade schools.
(12)
Public uses and public utility structures.
(14)
Accessory uses customarily incidental to the above permitted uses.
C.
Special exception uses. See § 340-138C.
(1)
Restaurants (but not including drive-through or fast food restaurants, taverns or nightclubs).
(4)
Bed-and-breakfast in a single-family dwelling that existed on February 20, 2018. (See § 340-57 for further requirements.)
(5)
Home occupation in a single-family dwelling that existed on February 20, 2018. (See § 340-88 for further requirements.)
(6)
Rural occupation on a lot developed with a single-family dwelling that existed on February 20, 2018. (See § 340-106 for further requirements.)
(7)
ECHO housing on a lot developed with a single-family dwelling that existed on February 20, 2018. (See § 340-78 for further requirements.)
(8)
Accessory uses customarily incidental to the above uses.[2]
[Added 9-6-2022 by Ord. No. 9-6-22-1]
[2]
Editor's Note: Former Section 340-19D and E, which immediately followed this subsection, regarding lot area, lot width, and coverage requirements, and minimum setback requirements, were repealed 7-21-2020 by Ord. No. 7-21-20-1. See now Design Standards, Rural Enterprise Zone, which is included as an attachment to this chapter.
D.
Maximum permitted height: 35 feet.
E.
Off-street loading. Off-street loading shall be provided as specified in § 340-35 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing an adjoining street.
F.
Off-street parking. Off-street parking shall be provided as specified in § 340-34 of this chapter.
H.
Driveway and access drive requirements. All driveways serving single-family dwellings shall be in accordance with § 340-32 of this chapter. All access drives serving other uses shall be in accordance with § 340-33 of this chapter. Any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition, another fifty-foot gravel section shall be located just beyond the paved apron. The owner and/or operator shall be responsible for removing any mud from streets caused by persons traveling to and from the site.
I.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-36 of this chapter.)
(2)
A minimum fifteen-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
J.
Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining streets or properties. All dumpsters shall be set back a minimum of 15 feet from any adjoining properties, unless a residential buffer pursuant to § 340-19E(4) is required in which case the setback shall be 50 feet. All waste receptacles shall be completely enclosed.
K.
Commercial/industrial operations standards. All commercial/industrial operations shall be in compliance any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 of this chapter.)
L.
Outdoor storage. Within the Rural Enterprise Zone (RE), outdoor storage is permitted, provided all outdoor storage areas are located within the side and/or rear yard, are screened from adjoining streets and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage areas for farm equipment sales uses need not be screened from adjoining streets. See § 340-43 for additional requirements.
M.
All lots and uses within the Rural Enterprise Zone (RE) shall comply with the design standards in Attachment 3.[3]
[Added 9-6-2022 by Ord. No. 9-6-22-1]
[3]
Editor's Note: Attachment 3, Design Standards – Rural Enterprise Zone, is included as an attachment to this chapter.
§ 340-20 Quarry Zone (Q).
A.
Purpose. The purpose of this zone is to reserve appropriate areas of the Township for quarrying and processing of quarry raw materials; to provide reasonable standards for quarry operations in order to prevent conditions which would interfere with the enjoyment or use of other properties; to allow uses of a temporary nature in locations premature for quarrying.
B.
D.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 40 feet, except that chimneys, flagpoles, water tanks and other mechanical appurtenances may be built to a height not to exceed 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 40 feet from grade shall be set back a distance at least equal to their height from all property lines.
E.
Off-street loading. Off-street loading shall be provided as specified in § 340-35 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
F.
Off-street parking. Off-street parking shall be provided as specified in § 340-34 of this chapter.
I.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-36 of this chapter.)
J.
Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining streets or properties. All dumpsters shall be set back a minimum of 100 feet from any adjoining properties. All waste receptacles shall be completely enclosed.
K.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
L.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 of this chapter.)
M.
All quarry buildings shall have approval from the Pennsylvania Department of Labor and Industry prior to building permit approval.
§ 340-21 Open Space Zone (OS).
A.
Purpose. This zone seeks to protect environmentally sensitive areas of the Township that also have significant value for passive active recreation pursuits. Specifically, forested areas, steep slopes, stream and creek valleys, lakes and floodplains are included. Permitted uses within this zone encourage the most appropriate conservation/recreation activities for these areas; however, some forms of development are allowed under prescribed criteria.
B.
Permitted uses.
(1)
Public and/or nonprofit parks.
(2)
Public and/or nonprofit activities related to the preservation and conservation of natural historical and/or archaeological resources.
(3)
Agricultural, excluding commercial poultry, commercial hog and commercial produce operations as defined herein, and horticultural uses, subject to the standards listed in § 340-12 of this chapter. Forestry uses subject to the requirements of § 340-47 of this chapter. Furthermore, any agricultural, horticultural or forestry related uses which involve the disturbance of land, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the Lancaster County Conservation District. All on-site activities shall then be in compliance with the approved conservation plan.
(4)
Public utilities structures.
(5)
Single-family detached dwellings, if constructed within 250 feet of any state or Township street which existed on or before July 15, 1975.
(6)
Greenhouses, provided no retail sales is permitted.
(7)
Accessory uses (excluding dwelling units) customarily incidental to the above permitted uses, including, but not limited to, the following:
(a)
Roadside stands for the sale of agricultural products grown on the site, subject to the following:
[1]
Any structure used to display such goods shall be less than 250 square feet in size and be located at least 50 feet from any side or rear property line.
[2]
The structure shall be set back at least 30 feet from the street right-of-way.
[3]
Sufficient off-street parking shall be provided.
[4]
Any signs used shall be attached to the roadside stand structure and shall not exceed five square feet in total area.
[5]
All roadside stands and related signs shall require the obtainment of a building permit.
(b)
Manure storage facilities subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance with the current regulations of the Department of Environmental Protection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
All waste storage facilities' designs shall be reviewed by the Lancaster County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.
[3]
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Lancaster County Conservation District.
(c)
Accessory day-care facilities.
(d)
Beekeeping, if conducted as an accessory use to a farm, subject to the following requirements:
[1]
It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.
[2]
Colonies shall be maintained in movable frame hives.
[3]
Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.
[4]
Hives shall be located no closer than 100 feet from any property line unless a minimum six-foot-high fence or hedge is located along any adjoining property lines for a distance at least 100 feet from the hive(s). In no case shall hives be located within 50 feet of any property line.
[5]
All hives shall have access to an on-site water supply. Unless a natural water supply exists on the subject property, the applicant shall furnish a water-filled tank with a board or crushed rock for the bees to land on.
[6]
Hives shall not be oriented to children's play areas or neighboring properties.
[7]
Adequate techniques in handling bees such as requeening and adequate hive space shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.
(e)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns; provided, however, that the combined footprint of all residential accessory buildings shall not exceed 1,500 square feet.
C.
Special exception uses (subject to the procedures presented in § 340-138C of this chapter).
(5)
Commercial hog operations on farms created prior to February 1, 1993.
(6)
Commercial poultry operations on farms created prior to February 1, 1993.
(7)
ECHO housing, if located within 250 feet of any state or Township street which existed on or before July 15, 1975.
(17)
Residential accessory buildings, including, but not limited to, private garages, utility sheds, and horse and carriage barns, where the combined footprint of all residential accessory buildings will exceed 1,500 square feet (see § 340-118).
(18)
Accessory uses (excluding dwelling units) customarily incidental to the above special exception uses.
D.
Design standards. See table below.[1]
[1]
Editor's Note: The table Design Standards Open Space Zone (OS) is included as an attachment to this chapter.
E.
Maximum permitted height.
(1)
Nonfarm accessory buildings and structures: 18 feet for all buildings and structures other than detached private garages and horse and carriage barns. A private garage or horse and carriage barn shall meet the requirements of § 340-24I.
(2)
Other structures: 35 feet.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
§ 340-22 Floodplain Zone (FP).
[Amended 3-15-2016 by Ord. No. 3-15-16-1]
A.
Purpose and authorization.
(1)
The Floodplain Zone (FP) includes the areas of Salisbury Township which are subject to periodic inundation by floodwaters. This inundation results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, impairment of the tax base and other adverse effects on the public health, safety and general welfare.
(2)
In the interest of public health, safety and welfare, the regulations of the Floodplain Zone (FP) are designed and intended to protect floodplain areas subject to and necessary for floodwaters, to permit and encourage the retention of open land uses so located and utilized as to constitute a harmonious and appropriate part of the physical development of Salisbury Township as provided for in the Salisbury Township Comprehensive Plan, and to guide incompatible development into more appropriate zones.
(3)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Township.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the Township and its residents by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(4)
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, 32 P.S. § 679.101 et seq., delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. The Board of Supervisors has enacted this section in accordance with the Flood Plain Management Act, the Second Class Township Code, and the MPC.
B.
Floodplain Zone (FP) applicability and administration.
(1)
The regulations of the Floodplain Zone (FP) shall apply throughout the entire Township as overlay zoning regulations that supplement the zoning district regulations. Where the regulations of this section differ from the regulations of any other section of this chapter, the provision that is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in this section shall not be interpreted to allow any structure or construction that is not expressly authorized by this section. If the Zoning Hearing Board grants a variance to allow a structure or construction not authorized by this section, such structure or construction shall comply with all construction and floodproofing standards in this section unless the Zoning Hearing Board also grants a variance from a specific construction or floodproofing standard.
(2)
The degree of flood protection sought by the provisions of this section 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. This section 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. This section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(3)
This section 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 this section and provisions of other ordinances, the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce this section and for all purposes shall be considered and may sometimes be referred to as the Floodplain Administrator. The Floodplain Administrator may fulfill the duties and responsibilities set forth in these regulations, delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the Township of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR § 59.22. In addition to the powers and duties generally set forth in this section, when serving as Floodplain Administrator, the Zoning Officer shall have the following powers and duties:
(a)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(b)
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, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[1]; and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made. In the case of existing structures, prior to the issuance of any permit the Floodplain Administrator shall also review the history of repairs to the subject building so that any repetitive loss concerns can be addressed before the permit is issued.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq. and 35 P.S. § 691.1 et seq., respectively.
(c)
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(e)
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning Township participation in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated, but the ultimate responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements of the UCC.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed, enlarged or structurally altered or land used except in full compliance with these floodplain regulations and other provisions of applicable Township ordinances. A Township permit (building, zoning, stormwater, as warranted) is required for any development within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the one-hundred-year floodplain, including development, redirecting drainage ways, changes in grade or filling in, shall only occur after a determination by the Zoning Officer that all Township ordinances have been complied with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration or relocation of a waterway shall be given prior notice of such proposal, with copies of such notice provided to the DCED and FEMA.
D.
Filing requirements. Permits for uses, structures and grading within the identified floodplain area. Applications for such a permit shall be made, in writing to the Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed construction, as well as any existing buildings or structures, and also showing the one-hundred-year flood line.
(g)
A brief description of proposed work and estimate cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely or partially within any identified floodplain area, permit applicants shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d)
Structures will be anchored to prevent flotation, collapse, or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
(a)
A completed permit application form (as applicable).
(b)
A plan of the entire site, clearly and legibly drawn in at a scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development.
[4]
The location of all existing streets, driveways and other access ways.
[5]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a BFE.
[2]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area, when combined with all other existing and anticipated development, will not cause any increase in the BFE.
[4]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the BFE. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(e)
Detailed information needed to determine compliance within § 340-22R(6), Storage, and § 340-22S, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in §§ 340-22R(6) and 340-22S which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the PA DEP "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting PA DEP requirements to implement and maintain erosion and sedimentation control.
E.
Regulation and reviews by other agencies.
(1)
Review of permit applications by Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the applicant to the Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Zoning Officer for possible incorporation into the proposed plan.
(2)
Review of permit applications by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., Planning Commission, Township Engineer, etc.) for review and comment.
(3)
No regulations of the commonwealth governing watercourses are amended or repealed by this section. Prior to any proposed alteration or relocation of any watercourse a permit shall be obtained from the PA DEP, Dams and Encroachment Division, and notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such permit applications and municipal notifications shall be forwarded to the FEMA and DCED.
F.
Changes to permits. After the issuance of a permit by the Zoning Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Zoning Officer for consideration.
G.
Placards. In addition to the permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the dated of its issuance, and be signed by the Zoning Officer.
H.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin within 180 days after the date of permit issuance and shall be completed within 12 months after the date of issuance of said permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer as provided for in § 340-144A(12). Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under the proposed subsurface footings, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request. Time extensions shall be granted in accordance with the provisions of § 340-144A(12).
I.
Identification of Floodplain Zone (FP).
(1)
The Floodplain Zone (FP) is all those areas of Salisbury Township, Lancaster County, Pennsylvania, classified as special flood hazard areas in the Flood Insurance Study (FIS) and the accompanying FIRM dated April 5, 2016, and issued by FEMA, or the most recent version thereof, including all digital data developed as part of the FIS and FIRM.
(2)
The above-referenced FIS and FIRM, and any subsequent revisions and amendments are hereby adopted by Salisbury Township and declared to be a part of this section and identify the Floodplain Zone (FP).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
The Floodplain Zone (FP) shall also include the low area adjoining and including any water or drainagecourse or body of water subject to periodic flooding or overflow and delineated as floodplain soils by the U.S. Department of Agriculture, Natural Resources Conservation Service, in maps and data comprising the Soil Survey, Lancaster County, Pennsylvania, issued May 1985, or any subsequent revision.
(4)
All land which has been flooded by floods of record.
(5)
In those areas delineated as approximated floodplain on the FIRM or in low areas delineated as alluvial soils in § 340-22I(3) or land which has been flooded by floods of record, the one-hundred-year flood elevation shall be determined by using other existing sources of data, such as those provided by the U.S. Army Corps of Engineers, the U.S. Geological Survey or the Susquehanna River Basin Commission. In lieu of this, the Zoning Officer may require the applicant for a permit to determine the one-hundred-year flood elevation through a hydrologic and hydraulic study. Such study shall be signed, sealed and certified by a licensed professional registered by the Commonwealth of Pennsylvania to perform such studies and surveys. Copies of such study shall be submitted to the Township Engineer for review.
(6)
Studies used to establish the Floodplain Zone (FP) boundaries shall be available for reference in the Township Office.
J.
Description and special requirements of identified floodplain areas of the Floodplain Zone (FP).
(1)
Floodway area.
(a)
Description. The area identified as Floodway in the FIS and FIRM which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively 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 floodplain areas where no floodway has been identified in the FIS and FIRM.
(2)
Special flood hazard area.
(a)
Description. The areas identified as Zones AE and A1-30 in the FIS and FIRM which are subject to inundation by the 1% annual chance flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements.
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the PA DEP regional office.
[2]
In Special Flood Hazard Areas without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE.
(3)
Approximate floodplain area.
(a)
Description. The areas identified as Zone A in the FIS which are subject to inundation by the 1% annual chance flood event determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the PA DEP regional office.
[2]
When available, information from other federal, state, and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[3]
In lieu of the above, the Township 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.
K.
Permitted uses. The following uses are permitted only if done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended; the rules and regulations of the PA DEP; Subsection J(2)(b)[1] and [2]; and all other applicable provisions of this chapter:
(1)
Agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 340-12B, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
(2)
Erosion and sedimentation control measures, facilities, and structures, provided that no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.
(3)
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, tree fruits and seeds, or wild rice, excluding any plants appearing on the latest edition of the United States List of Endangered and Threatened Plan Species maintained by the United States Fish and Wildlife Service.
(4)
Public and private recreational uses such as parks, play areas, picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, game farms, paved bicycle paths, and hiking and horseback trails, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
(5)
Open space and front, side, or rear yards required by other sections of this chapter. Floodplain land may be used to meet minimum open space, yard, and lot area requirements, provided that the purpose and intent of this section, as set forth in § 340-22A, together with the requirements of any other pertinent Township regulations, are complied with; if such compliance cannot be shown, the land areas within the Floodplain Zone (FP) shall not be used or calculated for purposes of meeting lot, open space, area, or yard requirements.
(7)
One- or two-strand fences.
(8)
Picnic tables, park benches, fireplaces and grills, and playground equipment, all if anchored to prevent flotation.
(9)
Farm ponds that are constructed in accordance with a conservation plan reviewed by the Conservation District and which do not create any increase in flood heights or frequency, and subject to the provisions of § 340-22E.
(10)
Floodproofing and flood hazard reduction structures to protect only lawfully existing and registered nonconforming structures and lawfully existing and registered nonconforming uses within structures.
(11)
Blinds for the shooting or observation of wildlife, provided that such blinds may only be placed, erected and maintained during the open season established by the Pennsylvania Game Commission for the taking of migratory waterfowl and the three weeks immediately preceding and three weeks immediately following the open season. Blinds must be removed during all other times of the year.
L.
Special exception uses. The following uses are permitted in the special flood hazard of the Floodplain Zone (FP) only when special exceptions are granted by the Zoning Hearing Board as provided for herein and in § 340-138, when permitted by the underlying zone as permitted uses or special exception uses, and when done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended; the rules and regulations of the PA DEP; and all other provisions of this chapter:
(1)
Parking lots, loading areas, driveways, and aircraft landing strips and taxiways, if they are water-permeably surfaced, and if they are consistent with the provisions of § 340-22M, except that parking lots designed or used for storage and parking lots for hotels, motels, and other transient lodgings are prohibited.
(2)
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to the following conditions:
(a)
Facilities such as pipelines, gaslines, storm sewers, sanitary sewers, waterlines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and underground communication facilities, shall, together with associated structures, but excepting necessary vents, be designed and installed underground so as to be at or below the existing natural surface grade within the floodplain and in such a manner as will prevent flotation, minimize or eliminate flood damage, and not alter the cross-sectional area of the floodplain. All new or replacement water supply facilities and/or sanitary sewage facilities shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All gaslines shall have a system of shutoff valves for service to the Floodplain Zone (FP) to allow positive control during flood emergencies.
(b)
Electrical distribution lines and supporting structures shall be installed so as to minimize or eliminate flood damage, and all lines of less than 15 kilovolts shall be installed underground, below the existing natural surface grade within the floodplain. Electrical distribution and transmission lines of 15 kilovolts or more may be allowed above the ground as a special exception, provided that they are certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania as meeting all of the following standards:
[1]
Aboveground lines and supporting structures shall enter the Floodplain Zone (FP) only to cross a watercourse, shall cross the watercourse and the Floodplain Zone (FP) using the most direct and shortest route possible consistent with the goals, objectives, purposes, and intents of this chapter, shall make the minimum number of crossings necessary, and shall be designed and installed so as to minimize or eliminate flood damage.
[2]
Aboveground lines shall be elevated so that their lowest portions are a minimum of 10 feet above the maximum flood elevation.
[3]
Supporting structures for aboveground lines within the Floodplain Zone (FP) shall be the minimum number necessary to carry the lines across the Floodplain Zone (FP). Supporting structures shall be designed and installed so as to be able to withstand the maximum volume, velocity, and force of floodwaters which can be expected at the point where they are located.
[4]
Facilities and services in the Floodplain Zone (FP) shall be designed so that flood damage within the Zone does not disrupt service outside the Zone.
(3)
Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish Commission, but excluding other structures.
(4)
Culverts, bridges, and approaches to private culverts and bridges that meet all the following conditions:
(a)
Review and/or approval by the Lancaster County Planning Commission, if required.
(b)
Approval by the Susquehanna River Basin Commission, if required.
(c)
Approval by the PA DEP, if required.
(d)
Approval by the United States Army Corps of Engineers, if required.
(e)
Approval by PA DOT, if required.
(f)
If approval by PA DOT is not required, the proposed use must still meet all of the appropriate minimum design standards of PA DOT.
(g)
The proposed structure must be designed in such a way as to have the capacity to allow the unrestricted passage of waters of maximum flood elevation below and through it without any upstream or downstream increase in water surface elevation.
M.
Prohibited uses. The following uses are prohibited in the Floodplain Zone (FP):
(1)
All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.
(3)
Sanitary landfills, dumps, junkyards and salvage yards, and outdoor storage of vehicles and/or materials.
(5)
Removal of topsoil, excluding sod production and nursery activities as allowed in § 340-22K and L, and excluding such grading necessary to accomplish and carry out those uses which are permitted in § 340-22K and L; provided, however, that no grading is permitted which would cause any increase in flood heights or frequency.
(7)
Any parts of new on-site sewage disposal systems.
(8)
Swimming pools.
(9)
Fences, except one- or two-strand fences.
(10)
Stockpiling, storage or disposal of buoyant materials, logging slash, herbicides, pesticides, domestic or industrial waste, radioactive materials, petroleum or other flammable materials, explosives, poisonous materials, hazardous materials or other material which, if flooded, would pollute the watercourse or be injurious to human, animal, or plant life.
(11)
Cemeteries for humans or animals.
(12)
Any new or substantially improved structure which will be used for the production or storage of any of the following 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 materials or substances on the premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulfur and sulfur products, pesticides (including insecticides, fungicides and rodenticides), radioactive substances, insofar as such substances are not otherwise regulated, and other substances defined as "hazardous waste" under 25 Pa. Code § 261a.3.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(13)
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
(15)
Feedlots.
(16)
Zoo, menagerie, wild animal farm or domestic or farm animal enclosures which will not allow all animals to escape floodwaters of maximum flood elevation without human intervention while remaining safely confined.
(17)
The floodproofing of new residential structures, as an exception from the elevation requirement.
(18)
Any development, structure or use that may, whether alone or in combination with others, and except where specifically authorized elsewhere in this chapter:
(a)
Endanger human life.
(b)
Obstruct, impede, retard, change or increase the velocity, direction, or flow of floodwaters.
(c)
Increase the surface elevations of floods or the frequency of floods.
(d)
Catch or collect debris carried by floodwaters.
(e)
Be placed where the natural flow of the stream or floodwaters would carry it downstream to the damage or detriment of property within or adjacent to the Floodplain Zone (FP).
(f)
Degrade the water-carrying capacity of any watercourse, channel or floodplain.
(g)
Increase the rate of local runoff, erosion or sedimentation.
(h)
Degrade the quality of surface water or the quality or quantity of groundwater.
(i)
Be susceptible to flotation and subsequent movement that would cause damage to other property.
(19)
Fully and partially enclosed space below the lowest floor (including basement).
N.
Changes in identified floodplain area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information needed for such revision provided by a qualified person or agency. However, prior to any such change, approval must be obtained from the FEMA. As soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data.
O.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Zoning Officer and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board in accordance with § 340-138C and D of this chapter. The burden of proof shall be on the appellant.
P.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
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, and until all required permits or approvals have been first obtained from the PA DEP regional office. It is the responsibility of the applicant to provide all required studies and pay all fees.
(b)
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.
(c)
FEMA and DCED shall be notified prior to any alteration or relocation of any watercourse.
(2)
The applicant shall submit technical or scientific data to FEMA for a Letter of Map Revision (LOMR) within six months of the completion of any new construction, development or other activity resulting in changes in the BFE. The Township must be provided this documentation along with conditional approval from FEMA in order to adopt revised floodplain regulations reflecting the revised base flood/floodway conditions.
(3)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section along with any other applicable codes, ordinances and regulations.
Q.
Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements other than those expressly authorized by § 340-22K and L shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 340-22Y, then the following provisions shall apply:
(1)
Residential structures.
(a)
In AE Zone, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(b)
In A Zone, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 340-22J(3).
(c)
The design and construction standards and specifications contained in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In an AE Zone, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(b)
In A Zone, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 340-22J(3).
(c)
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(d)
The design and construction standards and specifications contained in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor.
(a)
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.
(b)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
R.
Design and construction standards. Within any identified floodplain area any new construction or substantial improvements other than those expressly authorized by § 340-22K and L shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 340-22Y, then the following minimum standards shall apply for all construction and development proposed within any identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless substantiated data, justifying steeper slopes are submitted to and approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(2)
Drainage facilities. 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.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and Township regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities from Flood Damage, and the International Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. 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.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 340-22S, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b)
All air ducts, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory flood elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications of the UCC shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and/or supplement the requirements of this section.
S.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the DCED as required by the Act, 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, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or, shall involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel, oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
(2)
Within any floodway area, any structure of the kind described in § 340-22S(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 340-22S(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above BFE,
(b)
Designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(4)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 340-22S(1) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
T.
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where BFE 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 or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
U.
Special requirements for manufactured homes and recreational vehicles. Within any identified floodplain area any new manufactured homes or recreational vehicles shall be prohibited. If a variance is obtained for placement of manufactured homes or recreational vehicles in the identified floodplain area in accordance with § 340-22Y, then the following provisions shall apply:
(1)
Within any floodway, manufactured homes and recreational vehicles shall be prohibited.
(2)
Within approximate floodplain or special floodplain area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the International Residential Building Code adopted as part of the UCC or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply.
(5)
Consideration shall be given to the installation requirements of the UCC where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the units(s) proposed installation.
V.
Prohibitions. In accordance with the administrative regulations promulgated by the DCED to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area.
W.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 340-22X shall apply. Historic structures as defined in this section undergoing repair or rehabilitation that would constitute a substantial improvement as also defined in this section must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve historic character and design of the structure.
X.
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1)
No expansion or enlargement of an existing structure shall be allowed within any floodway are that would cause any increase in the elevation of the base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed within any special flood hazard area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this section.
Y.
Variances.
(1)
If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article VI of this chapter and the following:
(a)
No variance shall be granted for any construction, development, use or activity within any floodway that would cause any increase in the BFE.
(b)
No variance shall be granted for any construction, development, use, or activity within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life.
(d)
If granted, a variance shall involve only the least modification necessary to provide relief.
(e)
Whenever a variance is granted, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.
(g)
(h)
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(i)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
Z. ACCESSORY STRUCTURE OR USE BASE FLOOD BASE FLOOD DISCHARGE BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN AREA FLOODPROOFING FLOODWAY HIGHEST ADJACENT GRADE HISTORIC RESOURCE LOWEST FLOOR MANUFACTURED HOME(1) (2) (3) (4) (5) MANUFACTURED HOME PARK OR SUBDIVISION NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION OBSTRUCTION PERSON RECREATIONAL VEHICLE REGULATORY FLOOD ELEVATION REPETITIVE LOSS SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT UNIFORM CONSTRUCTION CODE (UCC) VIOLATION
Definitions. Unless specifically defined below, words and phrases use in this section shall be interpreted so as to give this section its most reasonable application.
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
The elevation shown on the FIRM for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor below ground level on all sides.
A combination of materials forming a permanent structure and which has walls and a roof. This term shall include manufactured homes and trailers used for human habitation.
Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading and excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
A manufactured home park or subdivision for which the construction or facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the Township.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The Official Map on which the FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.
The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any building, structure, site, object or district that is included on the National Register of Historic Places, individually or as a contributing resource in a National Register Historic District.
The lowest floor of the lowest fully enclosed area, including any basement. An unfinished flood-resistant partially enclosed area used solely for the parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this section.
A type of single-family detached dwelling that meets all of the following requirements:
It is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations;
It may be constructed so that it may be used without a permanent foundation.
It is not a recreation vehicle.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced on or after the effective date of these floodplain regulations that were adopted by the Township, and includes any subsequent improvements thereto. Any construction started after April 15, 1981, and before the effective date of these floodplain regulations is subject to the regulations in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Township.
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, culvert, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water, or is placed where the flow of the water may carry the matter downstream to threaten life and property.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
The BFE or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on an average, equals or exceeds 25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first, alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
A subdivision as defined in the MPC.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss," regardless of the actual repair work performed. The term does not include either any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Township code enforcement official and which are the minimum necessary to ensure safe living conditions.
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
The failure of a structure or other development to be fully compliant with the Township's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), (e)(5) is presumed to be in violation until such time as that documentation is provided.