Swatara Township City Zoning Code
ARTICLE III
District Regulations
§ 295-23 Designation of districts; purpose.
A.
For the purpose of this chapter, Swatara Township is hereby divided into the following zoning districts, with the following abbreviations:
C | Conservation District | |
A | Agricultural District | |
R-S | Single-Family Residential District | |
R-ML | Medium-Density Limited Residential District | |
R-M | Medium-Density Residential District | |
A-OG | Apartment Office General District | |
C-L | Limited Commercial District | |
C-G | General Commercial District | |
C-H | Highway Commercial District | |
M-L | Light Manufacturing/Industrial District | |
M-G | General Manufacturing/Industrial District | |
MU | Mixed-Use District | |
AP | Airport Overlay District |
B.
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Overlay districts. The Floodplain Area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts.
D.
Purposes of each district. In addition to serving the overall purposes and objectives of this chapter and the Comprehensive Plan, each zoning district is intended to serve the following purposes:
(1)
C Conservation District: to provide for development with a low average intensity in areas that include significant important natural features, such as wetlands, creeks, flood-prone lands and steeply sloped areas; to conserve the Swatara Creek; to vary density based upon the natural features of the land; to protect the water quality and habitats along creeks and around lakes and promote groundwater recharge; to provide incentives and a certain amount of flexibility in lot layout through conservation-oriented development so that development can be clustered on the most suitable portions of a tract of land, while avoiding overly intense development.
(2)
A Agricultural District: to provide for rural types of development at a lower overall density, in a manner that protects creeks and other natural features; to avoid conflicts with agricultural uses; to promote use of the open space development option.
(3)
R-S Single-Family Residential District: to provide for low-density residential neighborhoods that are primarily composed of single-family detached dwellings; to protect these areas from incompatible uses; to provide incentives and a certain amount of flexibility in lot layout through the open space development and age-restricted residential options so that development can be placed on the most suitable portions of a tract of land, while still avoiding overly intense development.
(4)
R-M Medium-Density Residential District: to provide for medium-density residential neighborhoods with a mix of housing types; to protect these areas from incompatible uses; to meet requirements of state law to provide opportunities for various housing types.
(5)
R-ML Medium-Density Limited Residential District: to provide for medium-density residential neighborhoods with a mix of housing types; to protect these areas from incompatible uses; to meet requirements of state law to provide opportunities for various housing types.
(6)
A-OG Apartment Office General District: to provide opportunities for a mix of housing types at a medium-high density, plus offices; to protect these areas from incompatible uses.
(7)
C-L Limited Commercial District: to provide for lighter types of commercial uses that will be compatible with nearby homes.
(8)
C-G General Commercial District: to provide for a variety of commercial uses along major highways where a variety of commercial uses are already present; to provide for a wider range of commercial uses than the C-G District, including uses that are more auto-related (such as gas stations); to carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along roads; to also allow for compatible mixed-use developments.
(9)
C-H Highway Commercial District: to serve the same purposes as the C-G District, while also allowing additional uses.
(10)
M-L Light Manufacturing/Industrial District: to provide for industrial and certain types of commercial development in a manner that is compatible with any nearby homes and the surrounding environment; to carefully control the types of industrial operations to avoid nuisances and environmental hazards; to encourage coordinated development, particularly in regard to traffic access.
(11)
M-G General Manufacturing/Industrial District: to provide for industrial and certain types of commercial development in a manner that is compatible with any nearby homes and the surrounding environment; to carefully control the types of industrial operations to avoid nuisances and environmental hazards; to encourage coordinated development, particularly in regard to traffic access; to provide for a greater number of industrial uses than the M-L District.
(12)
Mixed-Use District: to provide opportunities for a variety of different residential and business uses, while emphasizing compatibility with nearby homes.
§ 295-24 Applicability.
A.
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
B.
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied, and no land shall hereafter be used, developed or occupied, unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
D.
Boundary change. Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be classified as the A Zoning District of Swatara Township until or unless such territory is otherwise classified by the Board of Supervisors.
§ 295-25 Zoning Map.
A.
A map entitled "Swatara Township Zoning Map" accompanies this chapter and is declared a part of this chapter.[1] The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Township Building.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code.[2] All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Township Supervisors may, by resolution, adopt a new copy of the Official Zoning Map, which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved, together with all available records pertaining to its previous adoption or amendment.
§ 295-26 District boundaries.
[Amended 2-11-2015 by Ord. No. 2015-3; 6-14-2017 by Ord. No. 2017-8; 6-14-2023 by Ord. No. 2023-02; 10-11-2023 by Ord. No. 2023-05; 4-2-2025 by Ord. No. 2025-01]
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:[1]
A.
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal uses are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
E.
Where a territory is to be added to one district and taken from another district, the territory to be added to a district shall be described below:
(1)
Territory added to Medium-Density Residential (R-M) District. The following territory is added to the Medium-Density Residential (R-M) territory:
All that certain tract of land situate in Swatara Township, Dauphin County, Pennsylvania, and known as Lot No. 1 on a subdivision plan recorded in the Dauphin County Recorder of Deeds' office in Plan Book Y, Volume 4, Page 34, on December 27, 1989, bounded and described as follows:
Beginning at a concrete monument on Highland Street (said Highland Street being known as Traffic Route 441), which concrete monument is at the southeast corner of Lot No. 1; said concrete monument is also south eighty-eight (88) degrees, two (2) minutes east, a distance of one hundred eighty-nine and twenty-six hundredths (189.26) feet from an iron pin, which is the control point and which pin is located on the northeast corner of Second Street and Highland Street and which is the southwest corner of Lot No. 1; thence from said concrete monument, north eighty-eight (88) degrees, two (2) minutes west along Highland Street, a distance of one-hundred eighty-nine and twenty-six hundredths (189.26) feet; thence north nine (9) degrees, zero (00) minutes east along the eastern line of Second Street, a distance of ninety-seven and thirty-one hundredths (97.31) feet to Horner Avenue; thence south eighty-seven (87) degrees, zero (00) minutes east along the southern line of Horner Avenue, a distance of one-hundred eighty-eight and forty-six hundredths (188.46) feet to the western line of land now or formerly of Katrina M. Fiala; thence south eight (8) degrees, forty-five (45) minutes, three (3) seconds west along the said Fiala property, a distance of ninety-three and eighty-four hundredths (93.84) feet, to the place of beginning.
Being known as 1301 Highland Street.
(2)
The entire boundaries of the following properties are hereby removed from the Single-Family Residential District and made part of the Limited Commercial District:
Tax Parcel Number: | Street Address: |
|---|---|
63-027-095 | 4075 Swatara Drive |
63-027-097 | 599 Eisenhower Boulevard |
(3)
The entire boundary of the parcel identified as Dauphin County Property Identification No. 63-024-055-000-0000 with an address of 3501 Paxton Street is hereby removed from the C-G General Commercial District and made part of the M-L Light Manufacturing/Industrial District.
(4)
The entire boundaries of the parcels identified as Dauphin County Property Identification Nos. (and addresses):
(a)
63-027-293-000-0000 (Paxton Street L1);
(b)
63-024-057-000-0000 (421 Friendship Road); and
(c)
63-024-056-000-0000 (441 Friendship Road),
are hereby removed from the C-G General Commercial District and made part of the M-L Light Manufacturing/Industrial District.
(5)
Certain land to be removed from the A Agricultural District and added to the MU Mixed Use District includes the following:
(a)
Area south of Highland Street:
Dauphin County Property Identification Number: | Address: |
|---|---|
63-062-040-000-0000 (southern portion) | 4711 Highland Street |
63-062-098-000-0000 | 4801 Rear Highland Street |
63-062-041-000-0000 | 4961 Highland Street |
63-062-051-000-0000 | Highland Street |
63-062-052-000-0000 | Highland Street |
63-062-123-000-0000 | Highspire Road |
The area south of Highland Street, which is to be rezoned from the A Agricultural District to the MU Mixed Use District is hereby intended and deemed to include the entire contiguous area that is bounded to the:
[1]
North by the northern portion of the parcel identified as Dauphin County Property Identification Number: 63-062-040-000-0000 with an address of 4711 Highland Street, which adjoins and is located in the R-S Single-Family Residential District;
[2]
East by the parcels identified as Dauphin County Property Identification Numbers: [1] 63-062-042-000-0000 with an address of 4801 Highland Street; and [2] 63-062-064-000-0000 with an address of 4801 Rear Highland Street;
[3]
North by the parcels identified as Dauphin County Property Identification Numbers: [1] 63-062-064-000-0000 with an address of 4801 Rear Highland Street; [2] 63-062-043-000-0000 with an address of 4901 Highland Street; [3] 63-062-044-000-0000 with an address of Highland Street; [4] 63-062-046-000-0000 with an address of 4931 Highland Street; and [5] 63-062-049-000-0000 with an address of Route 441;
[4]
West by the parcels identified as Dauphin County Property Identification Numbers: [1] 63-062-049-000-0000 with an address of Route 441; and [2] 63-062-050-000-0000 with an address of 4951 Highland Street;
[5]
North by the right-of-way of Highland Street, together with the portions of the parcels identified as Dauphin County Property Identification Numbers: [1] 63-062-051-000-0000 with an address of Highland Street; and [2] 63-062-052-000-0000 with an address of Highland Street, which adjoin and are located south of the centerline of such right-of-way;
[6]
East by the parcel identified as Dauphin County Property Identification Number: 63-062-075-000-0000 with an address of 181 Highland Street and the following parcels located in Lower Swatara Township identified as Dauphin County Property Identification Numbers: [1] 36-004-025-000-0000 with an address of Oberlin Road; [2] parcel with no identification number or address; [3] 36-007-006-000-0000 with an address of 3140 Fulling Mill Road; [4] 36-007-075-000-0000 with an address of 3146 Fulling Mill Road; and [5] 36-007-PDH with no address;
[7]
South by the right-of-way of Interstate 283 (SR 0283), together with the portion of the parcel identified as Dauphin County Property Identification Number: 63-062-123-000-0000-000-0000 with an address of Highspire Road, which adjoins and is located north of the centerline of such right-of-way; and
[8]
West by the right-of-way of Interstate 283 (SR 0283), together with the portions of the parcels identified as Dauphin County Property Identification Numbers: [1] 63-062-123-000-0000-000-0000 with an address of Highspire Road; and [2] 63-062-040-000-0000 with an address 4711 Highland Street, which adjoin and are located east of the centerline of such right-of-way.
(b)
Area north of Highland Street:
Dauphin County Property Identification Number: | Address: |
|---|---|
63-062-126-000-0000 | Route 441 |
The area north of Highland Street, which is to be rezoned from the A Agricultural District to the MU Mixed Use District is hereby intended and deemed to include the entire contiguous area that is bounded to the:
[1]
North by the right-of-way of Lindle Road (SR 0441), together with the portion of the parcel identified as Dauphin County Property Identification Number: 63-062-126-000-0000 with an address of Route 441, which adjoins and is located south of the centerline of such right-of-way;
[2]
East by the parcel identified as Dauphin County Property Identification Number: 63-062-075-000-0000 with an address of 181 Highland Street;
[3]
South by the right-of-way of Highland Street, together with the portion of the parcel identified as Dauphin County Property Identification Number 63-062-126-000-0000 with an address of Route 441, which adjoins and is located north of the centerline of such right-of-way; and
[4]
East by the parcel identified as Dauphin County Property Identification Number: 63-062-059-000-0000 with an address of 5080 Highland Street.
(6)
Certain land to be removed from the R-S Single-Family Residential District and added to the MU Mixed Use District includes the following:
(a)
Area south of Highland Street:
Dauphin County Property Identification Number: | Address: |
|---|---|
63-062-040-000-0000 (northern portion) | 4711 Highland Street |
63-062-042-000-0000 | 4801 Highland Street |
63-062-064-000-0000 | 4801 Rear Highland Street |
63-062-109-000-0000 | 4831 Highland Street |
63-062-043-000-0000 | 4901 Highland Street |
63-062-044-000-0000 | Highland Street |
63-062-045-000-0000 | 4921 Highland Street |
63-062-047-000-0000 | 4931 Highland Street |
63-062-046-000-0000 | 4931 Rear Highland Street |
63-062-090-000-0000 | 4941 Highland Street |
63-062-049-000-0000 | Route 441 |
63-062-050-000-0000 | 4951 Highland Street |
The area south of Highland Street, which is to be rezoned from the R-S Single-Family Residential District to the MU Mixed Use District is hereby intended and deemed to include the entire contiguous area that is bounded to the:
[1]
North by the right-of-way of Highland Street, together with the portions of the parcels identified as Dauphin County Property Identification Numbers: [a] 63-062-042-000-0000 with an address of 4801 Highland Street; [b] 63-062-109-000-0000 with an address of 4831 Highland Street; [c] 63-062-043-000-0000 with an address of 4901 Highland Street; [d] 63-062-044-000-0000 with an address of Highland Street; [e] 63-062-045-000-0000 with address of 4921 Highland Street; [f] 63-062-047-000-0000 with an address of 4931 Highland Street; [g] 63-062-090-000-0000 with an address of 4941 Highland Street; [h] 63-062-050-000-0000 of 4951 Highland Street, which adjoin and are located south of the centerline of such right-of-way;
[2]
East by the parcel identified as Dauphin County Property Identification Number: 63-062-051-000-0000 with an address of Highland Street;
[3]
South by the: [a] parcel identified as Dauphin County Property Identification Number: 63-062-098-000-0000 with an address of 4801 Rear Highland Street; and [b] southern portion of the parcel identified as Dauphin County Property Identification Number: 63-062-040-000-0000 with an address of 4711 Highland Street, which adjoins and is located in the A Agricultural District; and
[4]
West by the right-of-way of Interstate 283 (SR 0283), together with the portion of the parcel identified as Dauphin County Property Identification Number: 63-062-040-000-0000 with an address of 4711 Highland Street, which adjoins and is located east of the centerline of such right-of-way.
(b)
Area north of Highland Street:
Dauphin County Property Identification Number: | Address: |
|---|---|
63-062-120-000-0000 | 5050 Highland Street |
63-062-121-000-0000 | 5070 Highland Street |
63-062-059-000-0000 | 5080 Highland Street |
The area north of Highland Street, which is to be rezoned from the R-S Single-Family Residential District to the MU Mixed Use District is hereby intended and deemed to include the entire contiguous area that is bounded to the:
[1]
North and east by the parcel identified as Dauphin County Property Identification Number: 63-062-055-000-0000 with an address of Highland Road;
[2]
North by the right-of-way of Lindle Road (SR 0441), together with the portion of the parcel identified as Dauphin County Property Identification Number: 63-062-059-000-0000 with an address of 5080 Highland Street, which adjoins and is located south of the centerline of such right-of-way;
[3]
East by the parcel identified as Dauphin County Property Identification Number: 63-062-126-000-0000 with an address of Route 441; and
[4]
South by the right-of-way of Highland Street, together with the portions of the parcels identified as Dauphin County Property Identification Numbers: [a] 63-062-059-000-0000 with an address of 5080 Highland Street; [b] 63-062-121-000-0000 with an address of 5070 Highland Street; and [c] 63-062-120-000-0000 with an address of 5050 Highland Street, which adjoin and are located north of the centerline of such right-of-way.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 295-27 Setbacks across municipal boundaries.
A.
Intent: to continue the objective of compatible land uses across municipal boundaries.
B.
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within Swatara Township, regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in Swatara Township.
§ 295-28 Use regulations.
[Amended 6-8-2016 by Ord. No. 2016-5; 3-8-2017 by Ord. No. 2017-3; 6-14-2017 by Ord. No. 2017-7; 5-2-2018 by Ord. No. 2018-3; 4-6-2022 by Ord. No. 2022-02; 2-1-2023 by Ord. No. 2023-01; 5-14-2025 by Ord. No. 2025-03]
A.
For the purposes of this section, the following abbreviations shall have the following meanings:
P | = | Permitted by right use (zoning decision by Zoning Officer) | |
SE | = | Special exception use (zoning decision by Zoning Hearing Board) | |
C | = | Conditional use (zoning decision by Board of Supervisors) | |
N | = | Not permitted | |
(§ 295-39) | = | See additional requirements in § 295-39. | |
(§ 295-96) | = | See additional requirements in § 295-96. |
B.
Unless otherwise provided by state or federal law or specifically stated in this chapter (as provided in § 295-7B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
C.
See § 295-7B, which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria. Except as provided in such § 295-7B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
E.
Upon a written application, the Zoning Officer shall have the authority to determine that a proposed use is so closely similar in character and impacts to a use listed as permitted by right that the proposed use shall also be permitted by right. The Zoning Officer may require the applicant to submit additional information to assist in such determination.
G.
Allowed uses in primarily residential zoning districts.
Types of Uses | Zoning Districts | ||||||
|---|---|---|---|---|---|---|---|
(See definitions in Article II.) | C | A | R-S | R-M and R-ML | A-OG | ||
Residential Uses | |||||||
Single-family detached dwelling (NOTE: Manufactured/mobile homes shall also meet the additional requirements of § 295-72.) | P | P | P | P | P | ||
Age-restricted residential development in compliance with § 295-33 | N | P | P | P | P | ||
Retirement village under § 295-37 | N | SE* | SE | P | P | ||
Open space development option in compliance with § 295-35 | N | P | P | N | N | ||
Twin dwelling (side-by-side) | N | N | N | P | P | ||
Townhouse (row house) (§ 295-39) | N | N | N | P | P | ||
Apartments (§ 295-39), not including conversions of an existing building | |||||||
Only 2 dwelling units in a building (two-family detached dwelling or duplex) | N | N | N | P | P | ||
3 or more dwelling units in a building | N | N | N | P | P | ||
Manufactured/mobile home park (§ 295-39) | N | N | N | N | N | ||
Boardinghouse (includes rooming house) (§ 295-39) | N | N | N | N | N | ||
Group home within a lawful existing dwelling unit (§ 295-39), not including a treatment center | P | P | P | P | P | ||
Conversion of an existing building to result in an increased number of dwelling units (§ 295-39) (See also "unit for care of relative" under "accessory uses.") | |||||||
Only 2 dwelling units in a building | N | N | N | P | P | ||
3 or more dwelling units in a building | N | N | N | SE | SE | ||
Short-term rental, non-owner occupied (subject to § 295-85.1, additional requirements) | P | P | N | SE | P | ||
Commercial Uses | |||||||
Bed-and-breakfast inn (§ 295-39), which shall be limited to a building constructed before 1940 | SE | SE | N | N | N | ||
Camp (§ 295-39), not including recreational vehicle campground | SE | SE | N | N | N | ||
Funeral home | N | N | C | N | N | ||
Golf course (§ 295-39), with a minimum lot area of 50 acres | P | P | P | P | P | ||
Offices, which may be in combination with allowed residential uses | N | N | N | N | P | ||
Plant nursery or tree farm, with any on-site retail sales limited to trees and shrubs primarily grown on the premises, and with a five-percent maximum building coverage and a two-acre minimum lot area | P | P | P | P | P | ||
Retail sales or personal service uses that are limited to 5% of the total floor area of a building | N | N | N | N | P | ||
Wireless communications facilities | |||||||
Tower-based wireless communications facility | N | N | N | N | N | ||
Non-tower wireless communications facility (PA Wireless Broadband Collocation Act applies) | P | P | P | P | P | ||
Non-tower wireless communications facility (PA Wireless Broadband Collocation Act does not apply) | C | C | C | C | C | ||
Institutional/Semipublic Uses | |||||||
Animal cemetery | SE | SE | P | N | N | ||
Cemetery, not including crematorium, which is listed separately (§ 295-39) | P | P | P | P | P | ||
Church (See "place of worship" below.) | — | — | — | — | — | ||
Community recreation center or library | N | SE | P | P | P | ||
Cultural center or museum | N | SE | N | N | N | ||
Day-care center, adult (§ 295-39) | N | N | N | N | SE | ||
Day-care center, child (§ 295-39) (See also as an accessory use.) | N | N | N | N | SE | ||
Emergency services station | N | SE | SE | SE | SE | ||
Membership club meeting facilities (§ 295-39) | N | N | SE | SE | SE | ||
Nursing home or personal care home/assisted living (§ 295-39), other than as part of a residential retirement development | N | N | SE | P | P | ||
Place of worship (§ 295-39) (includes church) | N | SE | SE | SE | P | ||
School, public or private, primary or secondary (§ 295-39) | N | P | P | P | P | ||
Public/Semipublic | |||||||
Township government uses, other than uses listed separately in this section | P | P | P | P | P | ||
Government facility, other than uses listed separately in this section | SE | SE | SE | SE | SE | ||
Publicly owned or operated recreation park | P | P | P | P | P | ||
Public utility facility, other than uses listed separately in this section (See also § 295-16.) | SE | SE | SE | SE | SE | ||
Swimming pool, nonhousehold (§ 295-39) | SE | SE | SE | SE | P | ||
United States Postal Service facility, which may include a leased facility | P | P | P | P | P | ||
Accessory Uses | |||||||
Bus shelter at a public bus route stop (§ 295-96) | P | P | P | P | P | ||
Day-care center accessory to and on the same lot as an existing lawful place of worship | P | P | P | P | P | ||
Day care (§ 295-96) as accessory to a dwelling | |||||||
Day care of a maximum of 3 adults or youth, in addition to relatives of the caregiver | P | P | P | P | P | ||
Group day-care home | N | N | N | N | SE | ||
Family day-care home | N | SE | SE | SE | SE | ||
Farm-related business (§ 295-96) | SE | SE | SE | N | N | ||
Home occupation, major (§ 295-96) | SE | SE | SE | SE | SE | ||
Home occupation, minor (§ 295-96) | P | P | P | P | P | ||
Homestay/short-term rental, owner occupied as accessory to an existing dwelling unit (subject to § 295-96D(9.1), additional requirements for specific accessory uses) | P | P | P | P | P | ||
Retail sales of agricultural products (§ 295-96) | P | P | P | P | P | ||
Stable [See under § 295-96D(11), Keeping of pets.] | — | — | — | — | — | ||
Temporary retail sales (shall only occur if allowed by § 295-5G) | — | — | — | — | — | ||
Unit for care of relative (§ 295-96) | P | P | P | P | P | ||
Miscellaneous Uses | |||||||
Crop farming | P | P | P | P | P | ||
Forestry (§ 295-39) | P | P | P | P | P | ||
Greenhouse, wholesale, with a ten-acre minimum lot area | P | P | P | P | P | ||
Groundwater or springwater withdrawal, averaging more than 100,000 gallons per day, removed from a tract for off-site consumption (§ 295-39) | SE | SE | SE | SE | SE | ||
Nature preserve or environmental education center, with a ten-acre minimum lot area for any use involving a principal building | P | P | P | P | P | ||
Parking lot for carpooling | N | N | N | N | N | ||
Parking lot as the principal use of a lot | N | N | N | N | N | ||
Livestock or poultry, raising of (§ 295-39) | |||||||
Not intensive | P | P | SE | SE | SE | ||
Intensive | N | SE | SE | N | N | ||
Sewage pumping station or water supply well or treatment | P | P | P | P | P | ||
Sewage sludge/biosolids, land application of (§ 295-96) | SE | SE | N | N | N | ||
Sewage treatment plant | P | SE | SE | SE | SE | ||
Solar energy collection and processing, provided such devices are completely removed within 3 months after no longer being used [See also § 295-123B(5).] | |||||||
As a principal use | P | P | N | P | P | ||
As an accessory use | P | P | P | P | P | ||
Stable, nonhousehold (§ 295-39); includes horse-riding academy | P | P | SE | SE | SE | ||
Wind turbines, which shall be required to have a setback equal to the total height from all lot lines | |||||||
Maximum of 1 turbine per lot (§ 295-96) | P | P | P | P | P | ||
2 or more turbines per lot (§ 295-39) | N | N | N | N | N | ||
All uses that will be unable to comply with the performance standards of this chapter (See the environmental protection requirements of Article V.) | N | N | N | N | N | ||
NOTES: | |||||
|---|---|---|---|---|---|
* | Provided the development is adjacent to an expressway or an arterial highway. | ||||
H.
Allowed uses in primarily business zoning districts. For the MU Mixed-Use District, see § 295-34.
Types of Uses | Zoning Districts | |||||
|---|---|---|---|---|---|---|
(See definitions in Article II.) | C-L | C-G and C-H | M-L and M-G | |||
Residential Uses | ||||||
Single-family detached dwelling (NOTE: Manufactured/mobile homes shall meet the additional requirements of § 295-72.) | P | P | N | |||
Twin dwelling (side-by-side) | P | P | N | |||
Townhouse (row house) (§ 295-39) | P | P | N | |||
Apartments (§ 295-39) or two-family detached dwelling, other than conversions of an existing building | P | P | N | |||
Boardinghouse (includes rooming house) (§ 295-39) | N | SE | N | |||
Manufactured/mobile home park (§ 295-39) | N | SE in C-H; N in C-G | N | |||
Group home within a lawful existing dwelling unit (§ 295-39), not including a treatment center | P | P | P | |||
Conversion of an existing building to result in an increased number of dwelling units (§ 295-39) (See also "unit for care of relative" under "accessory uses.") | P | P | N | |||
Short-term rental, non-owner occupied (subject to § 295-85.1, additional requirements) | P | P | N | |||
Commercial Uses | ||||||
Academic clinical research centers | N | P in C-G | P in M-L | |||
Adult use (§ 295-39) | N | N | SE in M-G; N in M-L | |||
After-hours club, to the extent the use is not prohibited by State Act 219 of 1990[1] | N | N | N in M-L; SE in M-G | |||
Airport (§ 295-39) (See also "heliport.") | N | N | SE | |||
Amusement arcade | P | P | N | |||
Amusement park or water park | P | P | N | |||
Animal cemetery (§ 295-39) | P | P | P | |||
Auditorium (commercial), arena, performing arts center or exhibition/trade show center | P | P | P | |||
Auto repair garage (§ 295-39) | N | P | P | |||
Auto service station (§ 295-39) | P | P | P | |||
Auto, boat or mobile/manufactured home sales (§ 295-39) | N | P | P | |||
Bakery, retail | P | P | P | |||
Bed-and-breakfast inn (§ 295-39) | P | P | P | |||
Betting use, in compliance with state law, other small games of chance and the state lottery | N | N | SE | |||
Beverage distributor (wholesale and/or retail) | P | P | P | |||
Bus maintenance or storage yard | N | P | P | |||
Bus terminal for intercity bus service | P | P | P | |||
BYOB club, in compliance with the Township alcoholic beverage regulations[2] | N | SE | N | |||
Camp (§ 295-39), other than recreational vehicle campground | P | P | P | |||
Campground, recreational vehicle (§ 295-39), which may include an accessory camp store that is primarily for use by campers | N | P | SE | |||
Car wash (§ 295-39) | P | P | P | |||
Catering, custom, for off-site consumption | P | P | P | |||
Conference center | P | P | P | |||
Construction company or tradesperson's headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as home occupation. Accessory outdoor storage shall be permitted, provided it meets the screening requirements of § 295-123 | P | P | P | |||
Crafts or artisan's studio (See also as home occupation.) | P | P | P | |||
Crematorium | N | SE | SE | |||
Custom printing, copying, faxing, mailing or courier service | P | P | P | |||
Exercise club | P | P | P | |||
P | P | P | ||||
Flea market/auction house | P | P | P | |||
Funeral home (§ 295-39) | P | P | P | |||
Garden center, retail (See "wholesale greenhouses.") | P | P | P | |||
Gas station (See "auto service station.") | ||||||
Golf course (§ 295-39), with a minimum lot area of 25 acres | P | P | P | |||
Heliport (§ 295-39) | N | N | SE | |||
Horse-riding academy (See "stable" under "miscellaneous uses.") | — | — | — | |||
Hotel or motel (§ 295-39) | P | P | P | |||
Kennel (§ 295-39) | N | SE | SE | |||
Laundromat | P | P | P | |||
Laundry, commercial or industrial | N | P | P | |||
Lumberyard | P | P | P | |||
Massage establishment (§ 295-39) | P | P | P | |||
Medican marijuana dispensaries | N | P in C-G | P in M-L | |||
Medical marijuana grower/processors | N | P in C-G | P in M-L | |||
Medical marijuana transport vehicle offices | N | P in C-G | P in M-L | |||
Motor vehicle racetrack (§ 295-39) | N | N | SE | |||
Nightclub (§ 295-39) | N | SE | SE | |||
Office (may include medical labs) (See also "home occupations.") | P | P | P | |||
Pawnshop | N | P | N | |||
Personal services (includes tailoring, custom dressmaking, hair cutting/styling, travel agency, dry cleaning, shoe repair, certified massage therapy, and closely similar uses) (See also "home occupation.") | P | P | P | |||
Picnic grove, commercial (§ 295-39) | P | P | P | |||
Plant nursery (other than a retail garden center) | P | P | P | |||
Propane retail distributor, other than prepackaged sales, with a one-hundred-fifty-foot minimum setback required between any storage or dispensing facilities and any residential district, and with Fire Department review | N | SE | SE | |||
Recording studio, music | P | P | P | |||
Recreation, commercial indoor (§ 295-39), including bowling alley, roller or ice-skating rink, batting practice and closely similar uses, other than uses listed separately in this section | P | P | P | |||
Recreation, commercial outdoor, including miniature golf course, golf driving range, archery, paintball and closely similar uses, other than uses listed separately in this section | P | P | P | |||
Repair service, household appliance | P | P | P | |||
Restaurant or banquet hall (§ 295-39) | ||||||
With drive-through service (§ 295-96) | P | P | P | |||
Without drive-through service | P | P | P | |||
Retail store (not including uses listed individually in this section) or shopping center | P | P | P | |||
Self-storage development | N | P | P | |||
Target range, firearms | ||||||
Completely indoor, enclosed and soundproofed | N | P | P | |||
Other than above (§ 295-39) | N | N | SE | |||
Tattoo or body-piercing establishment (other than temporary tattoos or ear piercing, which are personal service uses) | N | P | P | |||
Tavern, which may include a state-licensed microbrewery (not including an after-hours club or nightclub) | N | SE | SE | |||
Theater, indoor movie, other than an adult use | N | P | P | |||
Trade/hobby school | P | P | P | |||
Veterinarian office (§ 295-39) | P | P | P | |||
Wholesale sales (See under "industrial uses.") | ||||||
Wireless communications facilities | ||||||
Tower-based wireless communications facility | N | SE | SE | |||
Non-tower wireless communications facility (PA Wireless Broadband Collocation Act applies) | P | P | P | |||
Non-tower wireless communications facility (PA Wireless Broadband Collocation Act does not apply) | C | C | C | |||
Institutional/Semipublic Uses | ||||||
Cemetery (See "crematorium," listed separately.) | P | P | P | |||
College or university, educational and support buildings (other than environmental education center) | P | P | P | |||
Community recreation center (limited to a government-sponsored or nonprofit facility) or library | P | P | P | |||
Cultural center or museum | P | P | P | |||
Day-care center, adult (§ 295-39) | P | P | P | |||
Day-care center, child (§ 295-39) (See also as an accessory use.) | P | P | P | |||
Dormitory as accessory to a college, university or primary or secondary school | P | P | N | |||
Emergency services station | P | P | P | |||
Hospital or surgery center | P | P | P | |||
Membership club meeting and noncommercial recreational facilities, provided that an after-hours club, tavern or uses listed separately in this section shall only be allowed if so listed in this table and if the requirements for that use are also met | P | P | P | |||
Nursing home or personal care home/assisted living (§ 295-39) | P | P | N | |||
Place of worship (§ 295-39) (includes church) | P | P | P | |||
School, public or private, primary or secondary (§ 295-39) | P | P | P | |||
Treatment center (§ 295-39) | N | SE | SE | |||
Public/Semipublic | ||||||
Township government uses, other than uses listed separately in this section | P | P | P | |||
Government facility, other than uses listed separately in this section | P | P | P | |||
Prison or similar correctional institution | N | SE in C-G; N in C-H | SE in M-G; SE in M-L | |||
Publicly owned or operated recreation park | P | P | P | |||
Public utility facility, other than uses listed separately in this section (See also § 295-16.) | SE | SE | P | |||
Sewage pumping station or water supply well or treatment | P | P | P | |||
Swimming pool, nonhousehold (§ 295-39) | P | P | P | |||
United States Postal Service facility, which may include a leased facility | P | P | P | |||
Industrial Uses | ||||||
Asphalt plant | N | SE | N in M-L; SE in M-G | |||
Assembly or finishing of products using materials produced elsewhere (such as products from plastics manufactured off site) | N | N | P | |||
Building supplies and building materials, wholesale sales of | N | N | P | |||
Distribution as a principal use (other than trucking company terminal) | N | N | P | |||
Industrial equipment sales, rental and service, other than vehicles primarily intended to be operated on public streets | N | P | P | |||
Junk, outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area | N | N | N | |||
Junkyard (§ 295-39) | N | N | N in M-L; SE in M-G | |||
Liquid fuel storage, bulk, for off-site distribution, other than auto service station, retail propane distributor as listed separately, prepackaged sales or fuel tanks for company vehicles | N | N | N in M-L; SE in M-G | |||
Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors: | ||||||
Agricultural chemicals, fertilizers or pesticides | N | N | SE | |||
Apparel, textiles, shoes and apparel accessories (See also "crafts studio.") | N | N | P | |||
Cement manufacture | N | N | SE | |||
Ceramics products (other than crafts studio) | N | N | P | |||
Chemicals, manufacture or bulk processing of toxic or extremely hazardous substances in amounts in excess of the United States EPA threshold planning quantity or substances with similar characteristics | N | N | SE | |||
Chemical products, other than pharmaceuticals and types listed separately (See above.) | N | N | SE | |||
Clay, brick, tile and refractory products | N | N | P | |||
Computers and electronic and microelectronic products | N | N | P | |||
Concrete, cement, lime and gypsum products, other than actual manufacture of cement | N | N | SE | |||
Electrical equipment, appliances and components | N | N | P | |||
Explosives, fireworks or ammunition | N | N | N in M-L; SE in M-G | |||
Fabricated metal products (except explosives, fireworks or ammunition) and/or machine shops | N | N | P | |||
Food (human) and beverage products, at an industrial scale as opposed to a clearly retail scale, including but not limited to processing, bottling and related trucking of water removed from a site (not including uses listed individually in this section) | N | P | P | |||
Food products for animals | N | N | P | |||
Gaskets | N | N | P | |||
Glass and glass products (other than crafts studio) | N | N | P | |||
Incineration, reduction, distillation, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal (other than within an approved solid waste facility) | N | N | N | |||
Jewelry and silverware | N | N | P | |||
Leather and allied products (other than crafts studio or tannery) | N | N | P | |||
Machinery | N | N | P | |||
Manufactured or modular housing manufacture | N | N | P | |||
Medical equipment and supplies | N | N | P | |||
Metal products, primary | N | N | SE | |||
Mineral products, nonmetallic (other than mineral extraction) | N | N | SE | |||
Paper and paper products (including recycling, but not including manufacture of raw paper pulp) | N | N | P | |||
Paper (raw pulp) | N | N | SE | |||
Paving materials, other than bulk manufacture of asphalt | N | N | SE | |||
Pharmaceuticals and medicines | N | N | P | |||
Plastics, polymers, resins, vinyl, coatings, cleaning compounds, soaps, adhesives, sealants, printing ink or photographic film | N | N | SE | |||
Products from previously manufactured materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber | N | N | P | |||
Prototypes, as accessory to a research and development principal use | N | P | P | |||
Roofing materials and asphalt-saturated materials or natural or synthetic rubber | N | N | SE | |||
Scientific, electronic and other precision instruments | N | N | P | |||
Sporting goods, toys, games, musical instruments or signs | N | P | P | |||
Transportation equipment | N | N | P | |||
Wood products and furniture (not including raw paper pulp) | N | P | P | |||
See § 295-7 for uses that are not listed | ||||||
Mineral extraction (§ 295-39) and related processing, stockpiling and storage of materials removed from the site, but including groundwater or springwater withdrawals | N | SE | SE | |||
Packaging | N | P | P | |||
Package delivery services distribution center | N | N | P | |||
Petroleum refining | N | N | N in M-L; SE in M-G | |||
Photo processing, bulk | P | P | P | |||
Printing or bookbinding | P | P | P | |||
Recycling center, bulk processing, provided all operations of an industrial scale occur within an enclosed building (This use does not include a solid waste disposal or transfer facility.) | N | SE | P | |||
Research and development, engineering or testing facility or laboratory (other than a medical laboratory, which is considered an office use) | N | P | P | |||
Sawmill/planing mill | N | P | P | |||
Slaughterhouse, stockyard or tannery, with a four-hundred-foot minimum setback from all lot lines | N | N | N in M-L; SE in M-G | |||
Solid waste landfill (§ 295-39) | N | N | N in M-L; SE in M-G | |||
Solid waste transfer facility or waste-to-energy facility (§ 295-39) | N | N | N in M-L; SE in M-G | |||
Trucking company terminal (§ 295-39) | N | N | SE | |||
Warehousing or storage as a principal use | N | N | P | |||
Warehousing or storage as an on-site accessory use | P | P | P | |||
Welding | N | P | P | |||
Wholesale sales (other than motor vehicles) | N | P | P | |||
Accessory Uses | ||||||
Bus shelter (§ 295-96) along a public bus route | P | P | P | |||
Composting (§ 295-96), other than of leaves or tree bark or materials generated on site which are permitted by right | N | SE | SE | |||
Day-care center accessory to and on the same lot as an existing lawful place of worship, with a minimum lot area of 2 acres | P | P | P | |||
Day care (§ 295-96) as accessory to an existing dwelling | ||||||
Day care of a maximum of 3 adults or youth, in addition to relatives of the caregiver | P | P | P | |||
Day care (§ 295-96) as accessory to a dwelling | ||||||
Group day-care home | SE | SE | P | |||
Family day-care home | SE | P | P | |||
Farm-related business (§ 295-96) | P | P | P | |||
Home occupation, major (§ 295-96) | P | P | P | |||
Home occupation, minor (§ 295-96) | P | P | P | |||
Homestay/short-term rental, owner occupied as accessory to an existing dwelling unit (subject to § 295-96D(9.1), additional requirements for specific accessory uses) | P | P | N | |||
P | P | P | ||||
Parking lot for carpooling (See also "miscellaneous uses" below.) | P | P | P | |||
Retail sales of agricultural products (§ 295-96) | P | P | P | |||
Temporary retail sales (See § 295-5G.) | P | P | P | |||
Unit for care of relative (§ 295-96) | P | P | P | |||
Miscellaneous Uses | ||||||
Crop farming and wholesale greenhouses | P | P | P | |||
Forestry | P | P | P | |||
Groundwater or springwater withdrawal, averaging more than 100,000 gallons per day, removed from a tract for off-site consumption (§ 295-39), and which may include processing, treatment and bottling | SE | SE | SE | |||
Nature preserve or environmental education center, with a ten-acre minimum lot area for any use involving a principal building | P | P | P | |||
Parking lot or structure as an accessory use | P | P | P | |||
Parking lot or structure as a principal use that does not primarily serve tractor-trailer trucks or trailers | P | P | P | |||
Parking lot or structure as a principal use that primarily serves tractor-trailer trucks or trailers | N | N | P | |||
Livestock or poultry, raising of (§ 295-39) | ||||||
Intensive | N | N | SE | |||
Not intensive | SE | SE | P | |||
Sewage sludge/biosolids, land application of (§ 295-96) | SE | SE | SE | |||
Sewage treatment plant | SE | SE | P | |||
Solar energy collection and processing, provided such devices are completely removed within 3 months of no longer being uses [See also § 295-123B(5)] | P | P | P | |||
Stable, nonhousehold (§ 295-39); includes horse-riding academy | SE | P | P | |||
Wind turbines, which shall be required to have a setback equal to the total height from all lot lines, unless a stricter requirement is established by § 295-95 | ||||||
Maximum of one turbine per lot (§ 295-96) | P | P | P | |||
2 or more wind turbines per lot (§ 295-39) | N | SE | SE | |||
All uses that will be unable to comply with the performance standards of this chapter (See the environmental protection requirements of Article V.) | N | N | N | |||
NOTES: | ||||
|---|---|---|---|---|
* | Apartments shall be limited to a maximum of four dwelling units per lot and shall be limited to being in the same building as a principal commercial use that is on the street level. | |||
I.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 295-96 and all other requirements of this chapter:
(1)
Standard antennae, including antennae used by contractors to communicate with their own vehicles.*
(2)
Fence* or wall.*
(3)
Garage, household.
(4)
Garage sale.*
(5)
Pets, keeping of.*
(6)
Parking or loading, off-street, only to serve a use that is permitted in that district.
(7)
Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
(10)
Swimming pool, household.*
J.
Permitted accessory uses to business and institutional uses. The following are permitted by right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:
§ 295-29 Dimensional requirements.
A.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by Article IV, §§ 295-40 through 295-96, or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in § 295-22.[1]
[1]
Editor's Note: The Table of Area, Yard and Building Requirements is included at the end of this chapter.
B.
Height. Except as provided in § 295-122, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
Any structure that is accessory to a dwelling on a lot of less than three acres shall have a maximum height of one story, plus 1/2 story that is limited to nonhabitable storage, or 20 feet, whichever is more restrictive.
(2)
In the C-G, M-L or M-G District, the maximum height shall be 120 feet, provided that any building greater than 38 feet shall be set back a distance equal to its height from any residential district.
(3)
The maximum height for any other structure shall be three stories or 38 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
The minimum side and rear yard setback for a permitted detached structure that is accessory to a dwelling shall be 10 feet in the C or A District and five feet in other districts, except in the following cases:
(a)
The minimum rear setback shall be reduced to three feet for a residential accessory storage shed having a total floor area of less than 150 square feet.
(b)
A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings) if the structures on each side of the lot are built, approved or permitted at the same time. However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.
(c)
A porch or deck that is accessory to a dwelling and that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See Note D of the Table of Area, Yard and Building Requirements[2] considering front yard setbacks. See also Subsection C(2)(f), which exempts patios and porches.
[2]
Editor's Note: The Table of Area, Yard and Building Requirements is included at the end of this chapter.
(e)
If any accessory building or pool is constructed adjacent to a street (such as a rear yard on a lot that is adjacent to a street along the front lot line and another street along the rear lot line), then the building or pool shall be separated from such street by a buffer yard meeting § 295-123.
(f)
Patios and porches that are accessory to dwellings and that are at ground level or are elevated no more than 18 inches above the ground level do not need to meet setbacks.
(3)
No accessory building and no swimming pool shall be allowed in the minimum front yard.
§ 295-30 Wetlands and lakes.
A.
Lot area. Wetlands (as officially defined under federal and/or state regulations) shall not count towards more than 50% of the required minimum lot area. The Township may require an applicant to prove that a lot will contain sufficient contiguous buildable land area that is outside of wetlands. This subsection shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.
B.
Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a "wetland" prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.
C.
Wetland setbacks. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any wetland.
§ 295-31 Septic systems.
A.
On-lot septic systems.
(1)
Purpose: to ensure that a suitable location is available for a new septic system if the original septic system should malfunction.
(2)
This Subsection A shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this chapter.
(3)
Each lot shall include both a primary and a reserve septic system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet Pennsylvania Department of Environmental Protection regulations for a septic system location prior to approval of the final subdivision or land development plan.
(4)
The requirement for a reserve septic system location shall not apply to the following:
(a)
A lot of over 10 acres;
(b)
The simple merger of two or more existing lots, or an adjustment to lot lines of an existing lot;
(c)
A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot; or
(d)
Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township.
(5)
The reserve septic system location shall be kept clear of buildings and parking and shall be shown on any subsequent applications for new or expanded buildings or parking. The Township may require that the location be recorded on the deed.
B.
Well and septic system locations. Every plan for a subdivision or land development and every application for a building permit for a new principal building that will be served by a well and/or septic system shall designate the proposed well and primary and alternate septic system locations.
(1)
Such plan shall show that the proposed locations will meet the minimum isolation distances established by the Pennsylvania DEP regulations between a well and septic systems on the subject lot and all adjacent lots.
(2)
A plan may show the outer extent of potential well locations, instead of one exact location, provided all of the potential area would still meet the isolation distance.
(3)
If the well or septic system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of the building permit.
(4)
It is requested that well sites be placed in the front yard, thereby allowing septic systems to be placed in the rear yard. The intent is to minimize the visibility of any septic mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between septic systems and wells.
C.
Expansion of septic use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.
§ 295-32 Steep slopes.
[Amended 4-2-2025 by Ord. No. 2025-01]
A.
Purposes. The following provisions are primarily intended to avoid erosion, sedimentation, stormwater management and winter driving hazards, particularly considering the Township's climate, in addition to serving the overall purposes of this chapter.
B.
Regrading. The regulations for non-man- made slopes of over 15% shall apply based upon natural slopes that existed as of the effective date of this chapter. This section shall not regulate (i) slopes that were clearly man-made prior to the adoption of this chapter and (ii) slopes permitted to be removed or reduced to a slope of 15% or less pursuant to an erosion and sedimentation control plan approved by the Dauphin County Conservation District and/or PADEP, as evidenced by the issuance of the required erosion and sedimentation control permit.
C.
Slopes over 25%. A new principal building shall not be located on a slope greater than 25%.
D.
Single-family dwellings and steep slopes. The following provisions shall only apply to any lot that is submitted for preliminary subdivision approval after the effective date of this section, or which is submitted for final subdivision approval if a preliminary plan submittal was not required, if the lot contains areas with slopes of 15% or greater that may be disturbed:
(1)
Any lot proposed to be used for a single-family detached dwelling shall include a proposed building area with a minimum of 3,000 square feet of land area. Such building area shall not include land area restricted by the minimum yard areas, unless a minimum lot size of 6,000 square feet or less applies. Such building area shall contain the proposed location of the dwelling. The dwelling shall be built within the proposed building area shown on the plan, except as may be approved under Subsection F.
(a)
If such building area for each lot includes an average slope of greater than 15%, then the minimum lot area shall be one acre, unless a larger lot area is required by another section of this chapter.
(b)
Through designations on the Township-approved site plan, an applicant may limit the area upon which new principal buildings are permitted. By committing to not place a principal building on slopes over 15%, the applicant can avoid the larger lot size requirement of this subsection.
(2)
Access. Each lot shall be accessible from an existing or proposed street by means of a driveway with a maximum grade of 15%. The Township may require submission of a grading, stormwater and erosion control plan where necessary to manage driveway construction on steep slopes.
E.
Steep slopes and other uses. A lot shall only be used for a building for principal uses other than single-family detached dwellings if the proposed building area includes an average slope of less than 15%.
(1)
For such uses, the building area shall include locations of all proposed buildings and parking areas and outdoor storage areas and an area of 20 feet around buildings, parking and storage areas. Such building area shall also contain the proposed locations of any primary and alternate on-lot septic systems.
(2)
Access. Each principal building and each parking area shall have vehicle access from an existing or proposed street by means of a driveway with a maximum grade of 10%.
F.
Changes to building area. The building area may show the outer extent of areas being considered for a proposed building, without showing an exact location, provided all of those potential areas still meet the requirements of this section. An applicant may change the proposed building area after subdivision approval is granted, provided that the applicant proves that the new building area will still comply with this section. However, the building area shall not be so large as to attempt to circumvent the average slope provisions of this section that apply to a building site.
G.
Site plan and tree protection. If an applicant proposes to alter or build upon slopes of 15% or greater, then a site plan shall be submitted to the Zoning Officer. A separate site plan is not required if the same information was included in an approved subdivision or land development plan.
(2)
Mature trees. Where building or alteration is proposed on slopes of over 15%, the applicant shall prove, to the satisfaction of the Zoning Officer, that the removal of healthy trees with a trunk width of over six inches (measured at a height 4.5 feet above the ground level) and other attractive natural vegetation will be minimized. The Zoning Officer may ask for reviews by the Township Engineer or Planning Commission. The site plan shall show wooded areas to be removed or preserved and methods to be used to make sure trees are protected by temporary fences or other measures during the construction process.
§ 295-33 Age-restricted residential development.
A.
This section provides a density bonus, where allowed by § 295-28, for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons, as specified in the United States Code. (NOTE: As of 2009, such provisions were in 42 U.S.C. § 3607.) This provision shall not change the allowed dwelling types in the district. This option is available as a by right bonus in any zoning district where dwellings are allowed.
B.
In order to be approved by the Township as age-restricted residential development, every dwelling unit (except one dwelling unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: a minimum of one head of household of each dwelling unit shall be age 55 years or older or physically disabled as defined by the Americans With Disabilities Act; and no person under age 18 shall live in the dwelling unit for more than 60 days in any calendar year, unless such person has a disability as defined under the Americans With Disabilities Act. Any violation of such age restrictions shall be a violation of this chapter. In addition, in order to be approved as age-restricted development, the applicant shall establish an appropriate legal entity, such as a property owner association, that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.
C.
If an entire residential development is approved under this section, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this section. The minimum side yards may also be reduced by 15%. An age-restricted residential development shall meet all other requirements of Township ordinances, including limitations on the housing types allowed in that zoning district.
D.
This density bonus shall only be approved if the development includes an appropriate system of sidewalks or pathways that is accessible under the Americans With Disabilities Act.
§ 295-34 Additional requirements for MU District.
[Amended 4-2-2025 by Ord. No. 2025-01]
A.
Master plan. Where more than one type of use is proposed on a lot or lots within the MU District, before any new principal use or building is approved, the applicant shall submit a concept plan illustrating the intended types of development for all lands under the control of the applicant. Such concept plan is not required to be a fully engineered plan, but shall be prepared to scale. Such plan shall show land areas proposed for various land uses and/or housing types, proposed routes of vehicle access, proposed buffer yards, proposed methods to ensure compatibility between various uses and with adjacent dwellings, conceptual locations for stormwater basins, and approximate locations for preserved open spaces.
(1)
Before any principal building or use or development is approved that would not be generally consistent with the master plan, a revision to the master plan shall be submitted to the Township showing how such proposal would relate to the master plan.
B.
Use areas. After review of the master plan by the Planning Commission and Board of Commissioners, the Zoning Officer shall determine that certain portions of the MU District meet the requirements for various land use alternatives. One land area may be approved to be developed under the M-L District regulations, while another land area may be approved under the C-L District regulations, another land area may be approved under the R-M District regulations, and another land area set aside to meet the preserved open space requirements.
C.
Traffic study. At the same time as the master plan is submitted, a traffic impact study prepared by a qualified professional shall be submitted by the applicant to the Township.
D.
Uses; dimensional and sign requirements.
(1)
Areas proposed for development within the MU District shall be approved to be developed under the regulations of the R-M, C-L or M-L District. If a use is not allowed in one of those three districts, it shall not be allowed in the MU District.
(a)
Within areas approved to be developed under the R-M District regulations, the same uses shall be allowed in the same manner as is provided under § 295-28 for the R-M District, the same dimensional requirements provided for the R-M District in § 295-29 shall apply, and the same sign requirements provided for the R-M District in Article VII shall apply.
(b)
Within areas approved to be developed under the C-L District, the same uses shall be allowed in the same manner as is provided under § 295-28 for the C-L District, the same dimensional requirements shall apply as are provided for the C-L District in § 295-29, and the same sign requirements as provided for the C-L District in Article VII shall apply.
(c)
Within areas approved to be developed under the M -L District, the same uses shall be allowed in the same manner as is provided under § 295-28 for the M-L District, the same dimensional requirements shall apply as are provided for the M-L District in § 295-29, and the same sign requirements as provided for the M-L District in Article VII shall apply. Notwithstanding any other provision of this chapter, within areas approved to be developed under the M-L District, data centers shall be allowed by right in accordance with the specific criteria set forth in § 295- 57.1, the same dimensional requirements shall apply as are provided for the M-L District in § 295-29, and the same sign requirements as provided for the M-L District in Article VII shall apply.
(2)
The following list of prohibitive uses is not exhaustive. If a use is not listed as allowed, it is prohibited. In no case shall the following uses be allowed in the MU District:
(a)
Distribution and/or warehousing involving 300,000 square feet or more of building space on a lot, provided that such building area of 300,000 to 500,000 square feet may be approved as a special exception use.
(b)
Trucking company terminal.
(c)
Mineral extraction.
(d)
Retail sales including more than 40,000 square feet per establishment. [NOTE: Smaller retail uses may be approved in areas allowed under Subsection D(1).]
(e)
Vehicle sales.
(f)
Auto repair or auto service stations.
(g)
Manufacture of toxic or highly hazardous chemicals.
(h)
Solid waste transfer facility.
(i)
Asphalt manufacture.
(j)
Bulk storage of liquid fuel for off-site use.
E.
Additional setbacks.
(1)
Any lot area used for the parking, loading or unloading of tractor-trailer trucks or any area used for outdoor industrial processing or outdoor manufacturing shall be set back a minimum of:
(a)
Five hundred feet from a lot line of a dwelling, nursing home or personal care home that existed at the time of enactment of this chapter; and
(b)
Three hundred feet from a dwelling, nursing home or personal care home that existed or was Township-approved (but not yet built) prior to the submittal of a subdivision or land development plan.
(2)
These additional setbacks shall not apply to a single-bay loading dock on a lot that is primarily intended for daylight activities.
F.
Density and housing types.
(1)
Within the MU District, a maximum of 35% of all of the dwelling units shall be apartments. If specified as conditions of a subdivision or land development plan, one lot may consist of up to 100% apartments, provided that other lot(s) will include sufficient dwelling units of other types in order to comply with such thirty-five-percent maximum for the MU District.
(2)
Apartment dwelling units that meet the requirements for age-restricted residential development under § 295-37 shall not count towards the thirty-five-percent maximum limit on apartment dwellings. Nursing home and personal care homes/assisted living units shall not count towards the maximum density and the maximum number of apartment dwelling requirements. A maximum density shall not apply to nursing homes or personal care/assisted living facilities, provided that the land area of such uses shall be deleted from the density calculation.
(3)
The maximum residential density shall be calculated as follows:
Total lot area of land, other than lot area proposed for nonresidential development | ||
Minus required rights-of-way of existing streets | ||
Minus land area that is within the one-hundred-year floodplain, wetlands or has a non-man-made slope of 25% or greater | ||
Minus land areas required to be preserved open space* | ||
Results in the following buildable lot area | ||
Multiplied by a maximum of nine dwelling units | ||
Equals the maximum number of dwelling units allowed on the tract | ||
* | Preserved open space may overlap the one-hundred-year floodplain, wetlands and steep slopes. If such case, a land area only needs to be deleted once. |
(4)
The density of lots may vary, provided there are sufficient conditions and/or deed restrictions established on lots to ensure that there is compliance with the overall maximum density. As a special exception, the Zoning Hearing Board may approve a modification of a specific dimensional requirement for residential development if the applicant proves such modification is necessary to allow the intended net density of nine dwelling units per acre.
G.
Additional requirements in the MU District.
(1)
Height. § 295-29B shall apply, except that:
(a)
Apartment dwellings, nursing homes and personal care centers shall have a maximum height of four stories or 50 feet, whichever is more restrictive.
(b)
Commercial or industrial buildings shall have a maximum height of 40 feet, except one additional foot of building height shall be allowed for each five feet of additional building setback, up to a maximum height of 60 feet.
(3)
Industrial uses shall only be allowed in the MU District if the primary method of tractor-trailer traffic would use street segments that would not abut a dwelling that existed prior to the enactment date of this chapter.
(4)
Front yard parking for townhouses. See Note B of the Table of Area, Yard and Building Requirements.[1]
[1]
Editor's Note: The Table of Area, Yard and Building Requirements is included at the end of this chapter.
(5)
Buffer yards. See § 295-123D. In addition, a seventy-foot-wide minimum buffer yard shall be required where any proposed industrial use will be adjacent to a dwelling that existed prior to the enactment of this chapter. Such buffer yard may overlap with required preserved open space, provided the screening requirement is met.
(6)
A minimum of 10% of all land areas proposed for new business development and a minimum of 20% of all land areas proposed for new residential development shall be provided and maintained as preserved open space. Such areas shall meet the definition of "open space, common or preserved" in § 295-22.
(a)
The applicant shall prove how this requirement will be met prior to receiving approval of any principal use or building or any subdivision or land development.
(b)
The applicant shall prove to the Township that there will be a suitable system to own, maintain and fund the preserved open space over the long term.
(c)
Areas of preserved open space shall be interconnected to the maximum extent feasible.
(d)
At least a portion of preserved open space shall be used to provide a suitable transition between existing dwellings and proposed business development.
(e)
Where business uses are proposed adjacent to existing dwellings, a landscaped open space or buffer area with a minimum width of 100 feet shall be provided adjacent to Harrisburg Street where existing dwellings are on the other side of the street.
§ 295-35 Open space development option.
A.
Purpose.
(1)
The purpose of this section is to allow reasonable amounts of flexibility in site planning of residential development to:
(a)
Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation;
(b)
Avoid severely increased stormwater flows and speeds;
(c)
Preserve areas of prime farmland;
(d)
Provide additional recreation land;
(e)
Direct development to those areas that are more physically suited for it;
(f)
Avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain and plow snow upon;
(g)
Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice;
(h)
Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats;
(i)
Reduce construction costs and municipal maintenance costs;
(j)
Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer; and
(k)
Allow each property owner a reasonable use of their land, related directly to the features and location and accessibility of the land.
(2)
This option will encourage the establishment of significant areas of preserved open space.
B.
Applicability. This section allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves compliance with all of the requirements of this section to the satisfaction of the Township.
(1)
An "open space development" is a residential development that meets the requirements of this section and is granted approval by the Township as an open space development. An open space development shall only be allowed in zoning districts where the use is listed as allowed in Article III.
(2)
Uses. An open space development shall only include the following uses: single-family detached dwellings, nature preserves, Township-owned recreation, recreation uses that the Township approves to be within the preserved open space, crop farming, raising and keeping of horses, customary keeping of livestock as accessory to crop farming, utilities necessary to serve the development, and customary permitted accessory uses. A manufactured home park shall not qualify as an open space development. A golf course shall be allowed as part of an open space development. A golf course may count towards up to 75% of the required preserved open space, provided the remaining 25% is available, at a minimum, for noncommercial outdoor recreation by the residents of the development. Twin dwellings and townhouses may also be allowed in the R-S District as provided in this section.
(3)
A tract shall be eligible for approval for an open space development if it includes a minimum of 10 acres of lot area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks.
(a)
The amount of preserved open space shall be based upon the total lot area of all lots within the development prior to subdivision and prior to deletion of rights-of-way of future streets and before deleting the area of any environmental features. Land area of future rights-of-way of existing streets may be deleted from the total lot area before calculating the required amount of preserved open space.
[1]
Areas that were preserved by a conservation or agricultural preservation easement or deed restriction prior to the submittal of the subdivision plan shall not be counted towards the area of the tract in calculating preserved open space or allowed density.
(b)
Areas used for a principal nonresidential use (other than uses approved by the Township to be part of the preserved open space, such as an agricultural barn) shall not be included within the land area used to calculate residential density.
(c)
Conservation easements or deed restrictions shall be established on lots as necessary to ensure that the maximum density requirement is met over time. Such conservation easements shall prevent the resubdivision of lots in a manner that would violate this section.
(4)
An open space development shall be designed as a unified, coordinated residential development and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this section.
(5)
Procedures.
(a)
Applicants are strongly encouraged to first submit a layout plan for review by the Township for zoning compliance before completing detailed fully engineered preliminary subdivision plans. This two-step process will allow the Township and the applicant to mutually agree upon the preserved open space and development layout before large sums of money are spent by the applicant on detailed engineering. Detailed stormwater, grading, utility, profile and erosion control plans shall not be required at the zoning compliance review stage if such matters will be submitted as part of the subdivision or land development approval process.
(b)
The applicant and Township officials are strongly encouraged to walk the tract after a detailed existing features map has been provided to the Township, but before the site layout has been finalized.
C.
Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan.
(1)
An existing features map shall be required to be submitted as part of the application for an open space development. This existing features map shall accurately show the locations of the following at a minimum: wetlands, one-hundred-year floodplains, areas of woodland, existing topography, existing buildings with a description of any buildings over 70 years old, and highlighting of fifteen-percent to twenty-five-percent slopes and twenty-five-percent and greater slopes, and any major scenic views from within the tract or from outside of the tract.
(2)
A yield plan shall be submitted to the Township by the applicant. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current Township ordinances if the open space development provisions would not be used, and instead the provisions for conventional development in the applicable zoning district would be used. The yield plan shall be completed to an accurate scale, including accurately showing the existing features map information described above. The yield plan shall show potential lots, streets, and retention/detention pond locations. However, the yield plan shall not serve as, and is not required to contain, the engineering detail requirements of a preliminary subdivision plan.
(3)
The yield plan shall be reviewed by the Planning Commission and the Township Engineer, and then determined by the Zoning Officer as to whether it represents a reasonably accurate estimate of the number of dwelling units possible on the site, both physically and legally. If such estimates are determined to not be accurate, the applicant shall be required by the Zoning Officer to revise the yield plan until it is accurate.
(a)
The maximum number of dwelling units allowed on the tract through open space development shall be 25% greater than the number of dwelling units that is determined by the Township to be possible under the Township-accepted yield plan.
(b)
The allowed number of dwelling units may be rounded to the nearest whole number.
(c)
The yield plan shall not have any legal standing except for the purposes of determining density for an open space development.
(4)
All provisions of this chapter and the applicable zoning district shall apply, except for provisions that are specifically modified by this section. An open space development shall only be possible if public water and public sewage services are both provided to any lot with a lot area of less than one acre. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded:
(a)
A District. The minimum lot area shall be 10,000 square feet. The same dimensional requirements shall apply as are provided for in conventional development in the R-S District. A minimum of 35% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.
(b)
R-S District, if the only dwelling type is single-family detached dwellings. The minimum lot area shall be 7,500 square feet. The same dimensional requirements shall apply as are provided for in conventional development in the R-S District, except that the minimum side yards shall be reduced to five feet each. A minimum of 25% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.
(c)
R-S District, if twin dwellings and/or townhouses are proposed. This option shall only be allowed if new twins or townhouse buildings are set back a minimum of 150 feet from the lot line of any existing single-family detached dwellings on a different tract. The single-family detached dwellings shall meet the dimensional provisions provided in Subsection C(4)(b) above. The twins and townhouses shall meet the dimensional provisions that would apply in the R-ML District, except that the maximum density of Subsection C shall apply. A minimum of 45% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.
(6)
Subdivision of part of a tract. This Subsection C(6) addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering preserved open space to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the preserved open space requirement based upon the area of the entire tract.
(a)
The land under the conservation easement shall be a logical shape that is subject to approval by the Township and shall be located where it could adjoin land that would be added as preserved open space in the future if the total allowed number of dwellings would be developed.
(b)
The following hypothetical example assumes a tract includes 50 acres, and the yield plan determines that the applicant for an open space development is allowed a total of 30 new dwellings. In this example, the applicant only wishes to subdivide lots for 10 new dwellings at the present time, which is 1/3 of the total number of allowed dwellings. At the present time, only 1/3 of the open space would need to be preserved, compared to if all of the allowed housing units would be developed. However, the preserved open space would need to be placed on the tract at a location where it could be joined by the remaining acres of land under a conservation easement if the applicant in the future decided to subdivide lots for the remaining 20 dwelling units that are allowed.
(7)
A minimum of 50% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, water bodies, and a maximum of one street.
(a)
As part of this type of development approval, the Board of Commissioners may approve the following, if the applicant proves, to the satisfaction of the Board of Commissioners, that such configuration would serve the purposes of this section and be in the best interests of the Township, considering the unique circumstances of the tract:
(b)
An accessway limited to emergency vehicles may also cross the preserved open space.
(8)
The Board of Commissioners may require that the majority of the required preserved open space be placed:
(a)
Adjacent to an existing or planned public- or homeowner-association-owned recreation area;
(b)
Adjacent to existing farmland;
(c)
At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot; or
(d)
Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.
D.
Conditions for approval. An open space development shall only be approved if the applicant proves, to the satisfaction of the Township, that the following additional conditions shall be met:
(1)
That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be developed as a conventional development. Such valid public purposes include but are not limited to the following:
(a)
The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, mountain ridges, important wildlife corridors/habitats, highly scenic areas or other sensitive natural features.
(b)
The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes. In such case, new dwellings shall be concentrated adjacent to existing dwellings and residential zoning districts.
(c)
The dedication of recreation land at a site deemed appropriate by the Board of Commissioners and that involves land that is clearly suitable for active and/or passive recreation.
(d)
The provision of preserved open space in a location that will allow homes to be buffered from highly noxious, nuisance-generating uses, such as a heavily traveled street or industrial uses. In such case, intensive landscaping and/or planting for eventual reforestation shall be provided.
(2)
The applicant shall prove that the proposed open space development has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.
(a)
At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult.
(b)
The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.
(c)
The Township may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.
(3)
Preserved open space.
(a)
Preserved open space. The minimum amount of preserved open space shall be provided, which shall meet the requirements of this chapter and the definition in § 295-22 of "open space, preserved."
[1]
The preserved open space requirements of this section shall be in addition to the recreation land or fee-in-lieu-of-land requirements of Chapter 253, Subdivision and Land Development (SALDO), unless the applicant proves, to the satisfaction of the Board of Commissioners, that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.
(b)
Required preserved open spaces shall meet all of the following requirements:
[1]
Preserved open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any nonagricultural commercial purposes. Forestry shall meet Township requirements, and removal of healthy mature trees shall be limited to selective cutting following a Township-approved forest management plan that follows best management practices. Land approved as required preserved open space shall only be used for noncommercial active or passive recreation, a noncommercial community center for meetings and recreation, a Christmas tree farm, a nature preserve, a horse farm, a wholesale plant nursery, crop farming and/or another Township-approved agricultural use.
[2]
Improvements to open spaces. Where preserved open space is proposed to be used for recreation and/or dedicated to the Township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.
[a]
Examples of such improvements include preservation and planting of trees, development of trails, stabilization of creek banks, removal of undesirable vegetation, and grading of land for recreation (such as an informal open play field for youth).
[b]
Type of maintenance. The final subdivision plan shall state the intended type of maintenance of the open space, such as lawn areas that are regularly mowed, or natural areas for passive recreation that are intended for minimal maintenance.
[3]
All proposed preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.
[4]
The applicant shall prove that all required preserved open space would be suitable for its intended and Township-approved purposes. The Township may require the provision of a trail easement and/or the construction of a recreation trail through preserved open space. If a developer installs a trail, it shall be completed prior to the final sale of any adjacent residential lots.
[5]
Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.
[6]
Sufficient access points from each preserved open space shall be provided to streets for pedestrian access and maintenance access. The Board of Commissioners may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting Township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.
[7]
Open space ownership. The method(s) to be used to own, preserve and maintain any preserved open space shall be acceptable to the Township. The Township shall only approve an open space development if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.
[a]
The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The Township should be given right of first refusal at the time of such review to accept proposed open space as public open space. The Township shall only accept ownership of open space if the Board of Commissioners has agreed, in writing, in advance, to accept such ownership. If the preserved open space will not be owned by the Township, then the preserved open space shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Commissioners:
[i]
Dedication to the county as public open space, if the County Commissioners agree, in writing, to such dedication.
[ii]
Dedication to the school district if such Board of Education agrees, in writing, to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education and/or related open space.
[iii]
Dedication to a homeowners' association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for preserved open space that is not publicly owned. Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Township may delay a dedication of maintenance responsibilities by a developer to a homeowners' association until such association is incorporated and able to maintain such land.
[iv]
Dedication of the land to an established nature conservation organization acceptable to the Board of Commissioners for maintenance as a nature preserve or passive recreation area.
[v]
Dedication of a permanent conservation easement that results in the land being used for a Township-approved agricultural use, such as crop farming, a tree farm, or a horse farm, and which may include one of the allowed dwelling units on the lot.
[vi]
Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees, in writing, in advance, to accept the dedication and to maintain the land for public recreation.
[vii]
Preservation of the preserved open space as part of one privately owned lot that is restricted against subdivision by a conservation easement, if the applicant proves that none of the other alternatives are feasible. In such case, the preserved open space shall be in addition to the land area that would be needed to meet the requirements for any dwelling on the lot. The conservation easement shall control alteration of natural features on the lot and shall limit nonresidential use/nonagricultural use of the lot.
[8]
Legal documents providing for ownership and/or maintenance of required preserved open space shall be reviewed by the Township Solicitor and be subject to approval by the Board of Commissioners prior to recording of the final plan.
[9]
A legally binding system shall be established to oversee and maintain land that will not be publicly owned. The applicant shall prove compliance with state law governing homeowner associations. Proper notations shall be required on the recorded plan. For example, if the preserved open space is intended to be owned by a homeowner association as recreation land, a statement should be included that the designated open space shall not be further subdivided and shall not be used for the construction of any nonrecreation buildings.
[10]
Changes in open space uses. If the required preserved open space is proposed to be used for purposes that were not authorized in the Township approval, then a revised approval shall be required for the changed use.
(4)
Steep slopes. Within an open space development, the steep slope provisions of § 295-99 shall still apply.
(5)
Phasing. The development shall include a phasing system that shall be approved by the Board of Commissioners. Such phases shall ensure that the requirements of this article will be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.
(6)
Landscaping plan. An application for an open space development involving over 10 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.
(a)
Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.
(b)
Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.
(c)
Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.
§ 295-36 Development along streams and wetlands.
A.
Permits or approvals may be required for activity within or adjacent to a waterway from the State Department of Environmental Protection, the Army Corps of Engineers, the Federal Emergency Management Agency or other entities.
B.
Any street, driveway or utility crossing of a stream shall be approximately perpendicular to the stream, to the maximum extent feasible. As part of any street, driveway or utility construction within or adjacent to a stream, the applicant shall complete remedial measures to mitigate the impact upon the stream, including planting of trees and thick lower-level vegetation and use of best management practices.
C.
All areas within 50 feet from the top of the primary bank of a perennial creek or natural lake or pond shall not be occupied by any of the following: a building, vehicle parking, or business outdoor storage. This width shall be increased to 75 feet along the Susquehanna River, including on islands.
D.
Vegetation. Where existing trees and/or shrubs are removed from lands that are less than 50 feet from the top of the primary bank of a river or creek or natural lake or pond, as part of, or in preparation to, a subdivision, land development or permitted construction of a new building, then new trees and shrubs shall be planted and maintained. The new trees and shrubs shall have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.
(1)
During the time period of any maintenance agreement with the developer, the developer shall replace, within 120 days, any such trees or plants that do not survive. If such trees and plants do not survive beyond the maintenance agreement time period, they shall be replaced, within 120 days afterwards, by the current owner of the property.
§ 295-37 Retirement village.
A.
This section provides a density bonus and additional options for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. (NOTE: As of 2010, such provisions were in 42 U.S.C. § 3607.)
B.
In order to be approved by the Township as a retirement village, every dwelling unit (except units for full-time managers) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: a minimum of one head of household of each dwelling unit shall be age 55 years or older, or more restrictive age limits, or have significant physical disabilities; and no person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year. The age restriction shall not apply to one dwelling of an on-site manager. Any violation of such age restrictions shall be a violation of this chapter. In addition, in order to be approved as a retirement village, the applicant shall establish an appropriate legal entity, such as a property owner association, that has the duty, authority and responsibility to enforce such age restrictions over time.
C.
Dimensional requirements. The requirements of the applicable zoning district shall apply except for the following additional requirements:
(1)
Minimum tract area: 10 acres.
(2)
Setback of nonresidential buildings and parking lots of six or more vehicles from lot lines of existing dwellings that are not within the retirement village: a minimum of 40 feet.
(3)
The maximum permitted overall density is 10 dwelling units per acre, except that the maximum overall density shall be seven dwelling units per acre for land within the A District, where allowed. A minimum of 30% of the total lot area shall be preserved in permanent open space. For purposes of this section, any three beds that are not within a dwelling unit shall be calculated as one dwelling unit for the purposes of density.
(4)
A retirement village may include single-family detached dwellings, semidetached dwellings, townhouses, apartments, duplexes, a nursing home, or a personal care/assisted living center. A retirement village may also include noncommercial recreation facilities and dining facilities that are primarily intended to serve residents of the development and their invited guests. A retirement village may also include administrative offices and maintenance facilities for the development and facilities for support services of residents. A retirement village may also include medical and dental offices and support facilities, a financial institution and accessory commercial service businesses that primarily serve residents and that do not have their own exterior customer entrance, such as a barbershop/beauty shop or gift shop. Fuel sales and drive-through facilities shall be prohibited.
(5)
The maximum permitted height is 50 feet, provided that an additional three feet of required building setback from the tract boundaries shall be provided for that portion of building height exceeding 35 feet.
(6)
No more than 30% of the tract shall be covered with impervious surfaces.
(7)
Each building shall be served by Township-approved public sewage service and central water service.
(8)
The applicant shall prove that buildings and driveways will be provided with sufficient access for emergency vehicles.
(9)
A system of sidewalks or pathways shall be provided between buildings, which shall be ADA-accessible to the maximum extent feasible.
(10)
The applicant shall communicate with the public transit provider to seek public transit service. The Township may require that loading areas be provided for any bus, paratransit and/or shuttle services.
(11)
In addition to other allowed signs, one maximum twenty-square-foot sign per street frontage may be placed in front of or attached to each apartment building, support building, nursing home, personal care home or recreation building.