Warwick Township City Zoning Code
ARTICLE II
Zone Regulations
§ 340-11 Agricultural Zone (A).
[Amended 5-18-1994 by Ord. No. 163; 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No. 199]
A.
Purpose. The primary purpose of this zone is to promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. Areas contained within the zone have been specifically identified as possessing valuable and nonrenewable natural and cultural resources. This zone also intends to protect and stabilize the Township's viable agricultural economy by eliminating uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices and related businesses. This zone limits the total number of subdivisions and the maximum lot sizes of nonagricultural uses so as to avoid the creation of farmettes which reduce the productivity of the Township's agricultural economy. This zone is also intended to be a "sending" area for the transfer of development rights. Finally, the provisions of this zone have been specifically formulated to further the objectives of the Municipalities Planning Code which provides that local zoning ordinances shall be designed to preserve prime agriculture and farmland considering topography, soil type and classification and present use.
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site and including commercial poultry operations and commercial livestock operations as defined herein.
(2)
Horticultural and forestry-related uses.
(3)
Municipal uses.
(4)
Public utilities structures.
(5)
Accessory uses customarily incidental to the above permitted uses including, but not limited to, the following:
(a)
Roadside stands, as an accessory use to the farm, for the sale of agricultural products, subject to the following:
[1]
Any structure used to display such goods shall not exceed 2,000 square feet in size, and shall be located at least 25 feet from any property line.
[2]
At least half of the products displayed for sale must have been produced on the premises.
[3]
Off-street parking shall be provided for all employees and customers.
[4]
Any signs used shall be attached to the roadside stand structure and shall not exceed 10 square feet in total area nor exceed a maximum height of 15 feet.
(b)
Family day-care facilities as defined herein.
(c)
Manure storage facilities, as an accessory use to a farm, subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and any revisions, supplements, and replacements thereof, published by the PA DEP, copies of which are available from the Water Quality Management in the PA DEP Regional Offices located at 1 Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4585.
[2]
All waste storage facilities' designs shall be reviewed by the Lancaster County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.
[3]
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Lancaster County Conservation District.
(d)
Accessory manure digesters as an accessory use to a farm (see § 340-92.1E).
[Added 7-20-2011 by Ord. No. 248[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(5)(d) as Subsection B(5)(e).
(e)
Beekeeping, on any farm within the Township, subject to the following:
[1]
The applicant shall obtain a zoning permit from the Zoning Officer.
[2]
It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance.
[3]
Colonies shall be maintained in movable frame hives.
[4]
All beehives shall be maintained in a healthy condition using locally-accepted beekeeping management procedures.
[5]
All hives shall be at least 50 feet from a public road, or shall have a minimum five high fence or vegetative obstruction between the apiary and the road, or shall be elevated above the roadway so as to direct bee flight above traffic or pedestrians.
[6]
There shall be a source of water within 1/2 mile of the apiary.
[7]
New rural apiaries of 10 hives or more shall not be established within 50 yards of any adjoining property containing a residence.
D.
Conditional uses. (Subject to the review procedures listed in § 340-131 of this chapter.)
(3)
Septage and spent mushroom compost processing and/or commercial mushroom operations (see § 340-98).
(9)
Agricultural, horticultural and forestry-related uses that contain less than 20 acres and are established after the effective date of this chapter (February 24, 1997) (see § 340-106).
(12)
Principal solar energy system (see § 340-92.1C).
[Added 7-20-2011 by Ord. No. 248]
(13)
Principal wind energy system (see § 340-92.1D).
[Added 7-20-2011 by Ord. No. 248]
(14)
Principal manure digester (see § 340-92.1F).
[Added 7-20-2011 by Ord. No. 248]
E.
Limitations on subdivision/land development.
(1)
It is the purpose and intent of the Agricultural Zone to limit the development of agricultural tracts regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Pennsylvania Municipalities Planning Code. In order to preserve the agricultural tracts, it is the express intent of this zone that the subdivision of lots from farms or the development of nonagricultural uses and structures on existing farms shall be limited. In addition, it is the express intent of these provisions that the maximum size of lots created for any use other than agriculture be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes. It is the intent of the Board of Supervisors to implement the mandate of § 604(3) of the Pennsylvania Municipalities Planning Code to preserve prime agricultural land through the enactment of these regulations.
(2)
Number of lots, dwelling or other principal nonagricultural buildings permitted. For each parent tract there shall be permitted the subdivision of one lot (which shall specifically include, but not be limited to, a subdivision to erect a single-family dwelling (subject to obtaining conditional use approval as required by Subsection D(1), above), a subdivision to create a lot for any permitted nonagricultural use (subject to obtaining any required special exception or conditional use approval), a subdivision to create a farm or farms and a subdivision to change lot lines or a "lot add-on" subdivision which removes land from the parent tract to add the land to another lot) or the erection of one single-family dwelling or other principal nonagricultural building on the parent tract (subject to obtaining any required special exception or conditional use approval), but not both, with the portion of the existing or newly created lot used for residential purposes limited to the maximum lot size set forth in Subsection F(2)(a), below, for each 20 acres or part thereof held on November 13, 1985, or if the parent tract was not classified as Agricultural Zone on November 13, 1985, on the date when such land was first included in the Agricultural Zone after November 13, 1985. A tabular example of this limitation on the creation of lots or the erection of dwellings or other principal nonagricultural uses is as follows:
Lot Area (acres) | Number of New Lots Which May Be Subdivided or Number of Dwellings or Nonagricultural Principal Uses Which May be Established | ||
|---|---|---|---|
At Least | Less Than | ||
2 | 20 | 1 | |
20 | 40 | 2 | |
40 | 60 | 3 | |
60 | 80 | 4 | |
80 | 100 | 5 | |
100 | 120 | 6 | |
120 | 140 | 7 | |
140 | 160 | 8 | |
160 | 180 | 9 | |
180 | 200 | 10 | |
200 | 220 | 11 | |
(4)
Any lot existing on the effective date of this section (February 24, 1997), which is 10 or fewer acres in size shall be presumed to be used for residential purposes. No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size set forth in Subsection F(2), except as otherwise provided in Subsection E(6).
(5)
A subdivision, the sole purpose of which is to provide for a lot-add-on, where both the parent tract from which the land is taken, and the lot to which the land is added, comply with the lot area requirements of Subsection F, and are presently being used for agricultural purposes shall not be included when computing the permissible number of lots which may be subdivided from a parent tract as set forth Subsection E(2), above.
(6)
A subdivision, the sole purpose of which is to transfer not more than 10,000 square feet of land to increase the size of an existing lot for the purpose of making a boundary line more regular, shall not be included when computing the permissible number of lots which may be subdivided from a parent tract as set forth in Subsection E(2), or when computing the maximum lot size set forth in Subsection F(2). If DEP regulations require an area greater than two acres for the dispersal of nitrogen-nitrates, the land area necessary for this dispersal shall not be permitted to be a part of the lot. The owner of the parent tract from which such lot is created shall grant a plume easement over adjoining land on the parent tract to provide for the necessary dispersal of the nitrogen-nitrates and shall record all necessary documentation to give public notice of this easement.
(7)
A subdivision to create a lot which will be transferred to the Township, or a municipal authority created by the Township, shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection E(2).
(8)
Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or establishment of principal uses, if any such right remains from the quota allocated to the parent tract on November 13, 1985, or on the date when such land was first included within the Agricultural Zone. The right of further subdivision or establishment of principal uses shall also be included in the deed for the newly-created lot. If the designation of the right of further subdivision or establishment of principal uses was not included on a subdivision or land development plan of a parent tract, it shall be conclusively presumed that the largest lot remaining after subdivision shall carry the right of further subdivision or establishment of principal uses.
(9)
The number of lots which may be created or principal uses which may be established shall be fixed according to the size of the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner of a parent tract or land remaining in a parent tract after subdivision of land which was formerly part of a parent tract shall be bound by the actions of his predecessor.
F.
Lot area requirements.
(1)
Agricultural, horticultural and forestry uses. Ten acres minimum for uses existing on the effective date of this section (February 24, 1997); 20 acres minimum for uses established after the effective date of this section (February 24, 1997).
(2)
Single-family detached dwellings.
(a)
Minimum lot area shall be one acre, with a maximum lot size of two acres; however, the minimum lot area requirement may be reduced to 15,000 square feet if both public sewer and public water are utilized.
(b)
Where an applicant desires to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this Subsection F(2) upon such existing dwelling, rather than on a proposed dwelling which may be located on the remainder of the parent tract.
(c)
The minimum and maximum lot area requirements imposed by this section assume compliance with all PA DEP regulations pertaining to sewage disposal, and sewage disposal requirements in excess of the maximum lot area shall be provided through the use of plume easements over the remainder of the parent tract.
G.
Minimum lot width. One hundred feet at the front yard setback line and 60 feet at the street frontage.
H.
Minimum setbacks and maximum height requirements.
(1)
Agricultural, horticultural and forestry uses (other than farm dwellings).
(a)
Front yard setback: 50 feet.
(b)
Side yard setback: 50 feet on each side (100 feet total).
(c)
Rear yard setback: 50 feet.
(d)
Special setback requirements.
[1]
Except as provided for in the following subsection, area for the storage or processing of manure, garbage or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock, or any building housing commercial livestock shall not be permitted within 300 feet of any property line within any of the Residential Zones.
[2]
The Zoning Hearing Board may as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.
(e)
These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six feet from any adjoining street right-of-way lines.
(f)
Maximum permitted height. One hundred fifty feet provided all structures are set back a distance at least equal to their height from all property lines.
(2)
Single-family detached dwellings (including farm dwellings).
(a)
Single-family detached dwellings established before November 13, 1985.
[1]
Front yard setback. The appropriate minimum front yard setback set forth in § 340-14 of this chapter.
[2]
Side yard setbacks. The appropriate minimum side yard setbacks set forth in § 340-14 of this chapter.
(3)
Other permitted, special exception or conditional uses. Unless otherwise specified, the following requirements shall apply to all other principal uses permitted within the Agricultural Zone:
(4)
Residential accessory uses.
(a)
For any parcel where the principal use is a residential use established before November 13, 1985, the requirements set forth in § 340-14 of this chapter relating to front yard setback, side yard setbacks, rear yard setback and maximum permitted height for accessory uses shall apply.
(b)
Unless otherwise specified, for any parcel where the principal use is a residential use established on or after November 13, 1985, the following requirements shall apply:
(c)
Front yard setback. No accessory use (except roadside stands and permitted signs) shall be located within the front yard.
(d)
Side yard setbacks: 15 feet on each side (30 feet total).
(e)
Rear yard setback: 15 feet.
(f)
Maximum permitted height: 20 feet.
I.
Maximum lot coverage.
(1)
Agricultural, horticultural and forestry-related uses: 10%.
(3)
Churches and related uses and public and private schools.
[Added 11-19-2008 by Ord. No. 234[2]]
(a)
For those churches and related uses and public and private schools existing as of November 24, 2008, the maximum lot coverage shall be 50%.
(b)
For those churches and related uses and public and private schools established after November 24, 2008, the maximum lot coverage shall be 20%.
[2]
Editor's Note: This ordinance also provided for the redesignation of former Subsection I(3) as Subsection I(4).
(4)
Other uses (unless otherwise specified): 20%.
J.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 340-33 of this chapter. All access drives serving other uses shall be in accordance with § 340-34 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements.
K.
All uses permitted within this zone shall also comply with the general provisions contained within Article III of this chapter.
L.
Agricultural nuisance disclaimer. All lands within or abutting the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including, but not limited to, noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that § 4 of the Pennsylvania Act 133 of 1982, the "Right to Farm Law," may bar them from obtaining a legal judgment against such normal agricultural operations.
M.
Agricultural setback requirement. On any separate nonfarm parcel, except on a parcel where the principal use is a residential use established before November 13, 1985, no shrub shall be planted and no accessory residential structure or fence shall be placed within 10 feet of any land used for agricultural purposes, and no tree shall be planted within 30 feet of any land used for agricultural purposes.
N.
Required conservation plan. Any agricultural, horticultural or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation, shall require the obtainment of an approved conservation plan by the Lancaster County Conservation District pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, PA DEP. All onsite activities shall then be conducted in compliance with the approved conservation plan.
O.
No farming operation shall be conducted within a public right-of-way.
P.
All agricultural, horticultural and forestry uses shall be conducted so as to minimize the conveyance of stormwater off the site.
§ 340-12 Rural/Estate Residential Zone (RE).
[Amended 2-19-1997 by Ord. No. 175; 11-19-1997 by Ord. No. 178]
A.
Purpose. This zone acknowledges areas that lie beyond the Township's planned utility service areas. Consequently, these areas should not be used for intensive development that would require the use of public utilities. In addition, these areas are not characterized by prime farmlands, and therefore, are not subject to preservation. Large-lot housing and limited nonresidential uses have been provided for, to create a pleasant rural setting.
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site and excluding commercial poultry operations and commercial livestock operations, subject to the standards listed in § 340-11 of this chapter.
(2)
Horticultural and forestry-related uses, subject to the standards listed in § 340-11 of this chapter.
(3)
Public uses and public utilities structures.
(4)
Single-family detached dwellings.
(5)
Accessory uses customarily incidental to the above permitted uses.
E.
Minimum lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum area of one acre; however, the minimum required lot size may be increased to accommodate the use of onlot sewers as determined by the PA DEP (see § 340-40).
F.
Minimum lot width: 150 feet at the building setback line and 105 feet at the street frontage.
G.
Maximum lot coverage: 20%.
J.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
K.
Agricultural setback requirement. No dwelling unit shall be located within 100 feet of any land within the Agricultural Zone. In addition, on any separate nonfarm parcel, no shrub shall be planted, and no accessory residential structures or fences shall be placed within 10 feet of any land used for agricultural purposes. Similarly, no tree shall be planted within 30 feet of any land within the Agricultural Zone.
§ 340-13 Conservation Zone (C).
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose and intent. This zone seeks to protect environmentally-sensitive areas of the Township that also have significant scenic value for passive and active recreational pursuits. Specifically, the forested areas, steep slopes, stream and creek valleys, lakes and floodplains along Warwick Road are included. Permitted uses within this zone encourage the most appropriate conservation/recreation activities for these areas; however, some forms of development are allowed under prescribed criteria. Cluster housing is provided by conditional use as a means of encouraging preservation of important natural features, in return for intensive development upon areas suitable for such uses. The provisions of this zone have been specifically formulated to satisfy § 604(1) of the Municipalities Planning Code which requires local zoning ordinances to promote, protect and facilitate the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B.
Permitted uses.
(1)
Municipal uses.
(2)
Activities related to the preservation and conservation of natural, historical and/or archaeological resources.
(3)
Agricultural, horticultural and forestry-related uses, subject to the requirements listed in § 340-11 of this chapter. Furthermore, any agricultural, horticultural or forestry related uses which involve the disturbance of land, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the Lancaster County Conservation District. All onsite activities shall then be in compliance with the approved conservation plan.
(4)
Public uses and public utilities structures.
(5)
Single-family detached dwellings or seasonal residences.
(6)
Accessory uses customarily incidental to the above permitted uses.
E.
Minimum lot area. Ten acres; provided, however, that for existing lots (as of the effective date of this chapter) that are larger than one acre, but less than 10 acres, there may be permitted one single-family detached dwelling as a permitted use, subject to the requirements of § 340-40 of this chapter.
F.
Minimum lot width. Two hundred fifty feet at the building setback line and at the lot frontage.
G.
Minimum lot depth: 350 feet.
H.
Minimum setback requirements. All buildings and structures shall be set back at least 50 feet from all property lines.
J.
Maximum lot coverage: Not more than 15% of the total lot area.
K.
Woodland preservation requirements.
(1)
In existing wooded areas (at the effective date of this chapter) at least 80% of the number of trees of a minimum trunk caliper of five inches, measured six inches above the ground, that exist at the time of application for zoning permit shall be maintained or replaced immediately following construction, and prior to use or occupancy. Replacement trees shall be a minimum of two inches in diameter measured at a height of six inches above finished grade.
(2)
Only those areas necessary for the construction of buildings or structures, for which a zoning permit has been issued, shall be cleared of existing woodland.
§ 340-14 R-1 Residential Zone (R-1).
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose. This zone is meant to accommodate primarily suburban detached residential growth within the Township. Attached dwellings in the form of townhouses or quadraplex buildings may be permitted when mixed with single-family detached dwellings as part of a cluster development designed to maximize the permanent protection of a site's natural and cultural resources, be compatible with surrounding residential land uses, and only when public sewer and water utility services are available. Other multifamily dwellings, such as and including but not limited to apartments, are not permitted in the R-1 Residential Zone. This zone coincides with potential sewer and water utility service areas; however the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. When no public sewers are provided, minimum lot area requirements have been sized to provide for an initial and a replacement on-site sewage disposal system. Similarly, the lack of adequate groundwater within parts of the Township compels low density without the use of public water. All units that are proposed without the use of public utilities will be required to be situated to one side of a wider lot so that future in-fill development potentials can be protected when public utilities become available. Nonresidential uses have been specifically excluded to protect the low density residential character of these neighborhoods.
[Amended 8-21-2019 by Ord. No. 287]
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site, subject to § 340-11 of this chapter, and excluding commercial poultry and commercial livestock operations, as defined herein.
(2)
Single-family detached dwellings.
(3)
Municipal uses.
(4)
Public utilities structures.
(6)
Accessory uses customarily incidental to the above permitted uses.
E.
Design standards. See table below:
[Amended 11-9-2008 by Ord. No. 234]
Minimum Side Yard | |||||||
|---|---|---|---|---|---|---|---|
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | Front Yard Setback (feet) | One Side (feet) | Both Sides (feet) | Rear Yard (feet) |
None, public water or public sewer | 43,5601 | 280 | 20% | 40 | Note 3 | Note 3 | 50 |
Both public sewer and public water | 15,000 | 1002 | 35%4 | 40 | 15 | 30 | 35 |
NOTES: | |
|---|---|
1 | All uses relying upon on-lot sewer must comply with § 340-40 of this chapter. |
2 | Minimum lot width at the street right-of-way line may be reduced to no less than 70 feet when located on a cul-de-sac turnaround. |
3 | Minimum 140 feet on one side, plus a minimum of 25 feet on the other side. |
4 | The maximum lot coverage for "churches and related uses" and "public and private schools" shall not exceed 60%. |
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit shall be located within 100 feet of any land within the Agricultural Zone. In addition, on any separate nonfarm parcel, no shrub shall be planted, and no accessory residential structures or fences shall be placed within 10 feet of any land used for agricultural purposes. Similarly, no tree shall be planted within 30 feet of any land within the Agricultural Zone.
J.
Design standards for existing lots. The following design standards shall apply to single-family detached dwellings permitted by Subsection B(5) of this section:
Minimum Side Yard | ||||||||
|---|---|---|---|---|---|---|---|---|
Utilized Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | Front Yard Setback (feet) | One Side (feet) | Both Sides (feet) | Rear Yard (feet) | |
None | 20,0001 | 1002 | 30% | 30 | 10 | 20 | 35 | |
Either public sewer or public water | 15,0001 | 902 | 30% | 30 | 10 | 20 | 35 | |
NOTES: | ||
|---|---|---|
1 | All uses relying upon onlot sewer must comply with § 340-40 of this chapter. | |
2 | Minimum lot width at the street frontage may be reduced to 70% that required at the building setback line when the lot abuts a cul-de-sac turnaround. | |
§ 340-15 R-2 Residential Zone (R-2).
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose. This zone seeks to accommodate the higher density needs of the Township as well as the need and desire for moderate density housing for age-restricted development. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. Portions of this zone are located near existing multifamily developments and major transportation routes. Certain civic and residential related uses have also been allowed to enhance convenient access to this higher concentration of residents. This zone coincides with expected sewer utility service areas; however, the actual availability of these services is likely to occur at different times and in different areas. As a result, permitted densities and housing types have been adjusted according to the availability of these public utilities. All detached units that are proposed without the use of both public utilities will be required to be situated to one side of a wider lot so that future in-fill development potentials can be protected until public utilities become available. Cluster developments have been permitted by conditional use, with density bonuses, to encourage this preferred development pattern. The Village Overlay Zone (See § 340-23.) applies a comprehensive set of optional design standards that can be applied to lands within the R-2 Zone. Finally, this zone provides for age-restricted development by conditional use, provided that such development meets certain criteria.
[Amended 10-3-2012 by Ord. No. 257]
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site, and excluding commercial poultry and commercial livestock operations, as defined herein.
(2)
Single-family detached dwellings.
(3)
Duplexes.
(4)
Townhouses.
(5)
Multiple-family dwellings.
(6)
Municipal uses.
(7)
Public uses and public utilities structures.
(8)
Accessory uses customarily incidental to the above permitted uses.
E.
Design standards. See table below:
[Amended 11-19-2008 by Ord. No. 234]
Minimum Yards | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Use | Required Public Utilities | Minimum Lot Area (square feet) | Maximum Net Density (du/ac)6 | Minimum Lot Width (feet) | Maximum Lot Coverage | Front (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) | |
SFD | Both public water and public sewer | 10,000 | 4 | 802 | 35% | 40 | 15 | 30 | 35 | |
Duplexes | Both public water and public sewer | 6,000 per unit | 5 | 502 per unit | 35% | 30 | 25 | (N/A) | 30 | |
Townhouses3 | Both public water and public sewer | 2,000 per unit | 5 | 20 per unit | 60% | 30 | 15 (end units) | (N/A) | 30 | |
Multiple family4 | Both public water and public sewer | 87,120 | 5 | 200 | 60% | 50 | 30 | 60 | 50 | |
Other uses | Both public water and public sewer | 43,560 | N/A | 200 | 30%7 | 40 | 30 | 60 | 50 | |
NOTES: | |||
|---|---|---|---|
1 | All uses relying upon on-lot sewers must comply with § 340-40 of this chapter. | ||
2 | Minimum lot width at the street frontage may be reduced by a maximum of 30% for lots that abut a cul-de-sac turnaround. | ||
3 | No townhouse grouping shall contain more than six units. For each townhouse grouping containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. All townhouse buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly-held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse groupings are contained upon the same lot, the standards listed in the following Note 4 shall apply. | ||
4 | In those instances where several multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances will be provided between each building: | ||
(a) | Front to front, rear to rear, or front to rear, parallel buildings shall have at least 70 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end. | ||
(b) | A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet. | ||
(c) | A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings. | ||
5 | Any common open spaces shall comply with § 340-43 of this chapter. | ||
6 | Maximum density shall be increased by 0.5 du/ac with the utilization of a special collector street as defined in Chapter 285, Subdivision and Land Development. | ||
7 | The maximum lot coverage for "churches and related uses" and "public and private schools" shall not exceed 60%. | ||
F.
Minimum accessory structures setbacks.
(1)
Front yard. No accessory structures (except permitted signs) are permitted within the front yard; provided, further, that accessory detached garages are permitted within the front yard so long as they comply with the minimum front yard setback imposed upon principal uses.
(2)
Side and rear yards: 10 feet.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit shall be located within 100 feet of any land within the Agricultural Zone. In addition, on any separate nonfarm parcel, no shrub shall be planted, and no accessory residential structures or fences shall be placed within 10 feet of any land used for agricultural purposes. Similarly, no tree shall be planted within 30 feet of any land within the Agricultural Zone.
§ 340-15.1 R-3 Residential Zone (R-3).
[Added 2-18-2009 by Ord. No. 237]
A.
Purpose and intent. This zone seeks to accommodate the higher density needs of the Township, as well as the need and desire for communities for older persons. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. Like the R-2 Zone, certain civic and residential related uses have also been allowed to enhance convenient access to this higher concentration of residents. The R-3 Zone provides for housing for older persons developments, which are permitted by conditional use in the R-3 Zone. Providing for housing devoted to older persons is contemplated in the 2006 Lititz/Warwick Joint Strategic Comprehensive Plan and will benefit the Township because these communities will have significantly less impact on school enrollments, traffic generation, police and other public services. Because of the lesser impact, permitted densities are increased in these communities, provided that the proposed housing for older persons development meets certain criteria. This Zone coincides with sewer utility service areas.
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site, and excluding commercial poultry and commercial livestock operations, as defined herein.
(2)
Single-family detached dwellings.
(3)
Duplexes.
(4)
Townhouses.
(5)
Multiple-family dwellings.
(6)
Municipal uses.
(7)
Public uses and public utilities structures.
(8)
Accessory uses customarily incidental to the above permitted uses.
E.
Design standards. See table below:
Minimum Yards | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Use | Required Public Utilities | Minimum Lot Area (square feet) | Maximum Net Density (du/ac)5 | Minimum Lot Width (feet) | Maximum Lot Coverage | Front (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) |
SFD | Both public water and public sewer | 10,000 | 4 | 801 | 35% | 40 | 15 | 30 | 35 |
Duplexes | Both public water and public sewer | 6,000 per unit | 5 | 501 per unit | 35% | 30 | 25 | (N/A) | 30 |
Townhouses4 | Both public water and public sewer | 2,000 per unit | 5 | 20 per unit | 60% | 30 | 15 (end units) | (N/A) | 30 |
Multiple family3 | Both public water and public sewer | 87,120 | 5 | 200 | 60% | 50 | 30 | 60 | 50 |
Other uses | Both public water and public sewer | 43,560 | N/A | 200 | 30% | 40 | 30 | 60 | 50 |
NOTES: | ||
|---|---|---|
1 | Minimum lot width at the street frontage may be reduced by a maximum of 30% for lots that abut a cul-de-sac turnaround. | |
2 | No townhouse grouping shall contain more than six units. For each townhouse grouping containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. All townhouse buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly-held lands. All townhouse buildings shall be set hack at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse groupings are contained upon the same lot, the standards listed in the following Note 3 shall apply. | |
3 | In those instances where several multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances will be provided between each building: | |
(a) | Front to front, rear to rear, or front to rear, parallel buildings shall have at least 70 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end. | |
(b) | A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet. | |
(c) | A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings. | |
4 | Any common open spaces shall comply with § 340-43 of this chapter. | |
5 | Maximum density shall be increased by 0.5 du/ac with the utilization of a special collector street as defined in Chapter 285, Subdivision and Land Development. | |
F.
Minimum accessory structures setbacks.
(1)
Front yard. No accessory structures (except permitted signs) are permitted within the front yard; provided, further, that accessory detached garages are permitted within the front yard so long as they comply with the minimum front yard setback imposed upon principal uses.
(2)
Side and rear yards: 10 feet.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit shall be located within 100 feet of any land within the Agricultural Zone. In addition, on any separate nonfarm parcel, no shrub shall be planted, and no accessory residential structures or fences shall be placed within 10 feet of any land used for agricultural purposes. Similarly, no tree shall be planted within 30 feet of any land within the Agricultural Zone.
§ 340-16 Mixed Use Zone (MU).
[Amended 2-19-1997 by Ord. No. 175; 11-19-1997 by Ord. No. 178]
A.
Purpose. This zone accommodates a mixture of land uses that have evolved within the villages of Rothsville and Brunnerville. Limited businesses have been selected to provide convenient access to nearby residents and commuters. Aside from detached dwellings and public uses, all uses are evaluated via the conditional use process so that opportunities to integrate vehicular access and parking are provided during site plan review. Strict design requirements have been imposed to preserve the "small Town" character of these areas, and bonus incentives are available for uses that employ "high-quality" site design features. Overall retail size has been restricted as a means of encouraging adaptive reuse of converted dwellings, rather than the construction of new commercial buildings.
D.
(3)
Offices.
(4)
Restaurants (not including drive-through nor fast-food restaurants).
(5)
Medical or dental clinics.
(7)
Veterinarian offices, provided no outdoor keeping of animals is permitted.
(8)
Caterers.
(9)
Retail sale of goods, provided the total sales and/or display area is less than 1,200 square feet.
(10)
Personal services, including barber and beauty or tanning salons; dry cleaning and laundry pickup/dropoff facilities; music, art or photographic studios; and repair of clocks and small appliances.
(12)
Banks and similar financial institutions.
E.
Number of uses permitted. Any number of the uses allowed in this zone are permitted within each existing building, provided the building size and floor area remain the same as it was on the effective date of this chapter. For new buildings, only one principal use is permitted. For existing buildings that are enlarged, the number of uses permitted per building shall be the same number (at least one) that occupied the building on the effective date of this chapter. In all cases, one conversion apartment shall be permitted in addition to the other uses provided on the site.
F.
Lot area, lot width and lot coverage requirements. See the following table:
Public Utilities Utilized | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | |
|---|---|---|---|---|
None, public water or public sewer | 43,5601 | 200 | 35% | |
Both public sewer and public water | 15,000 | 1002 | 60% |
NOTES: | ||
|---|---|---|
1 | The minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater; such determinations will be made by the PA DEP, through its sewer module review process (see § 340-40). | |
2 | Minimum lot width at the street frontage may be reduced to 70 feet for lots that abut a cul-de-sac turnaround. | |
G.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings, structures (except permitted signs) and loading areas shall be set back at least 20 feet from the street right-of-way. No off-street parking is permitted within the front yard.
(2)
Side yard setbacks. All buildings and structures shall be set back at least 15 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least five feet from the side lot lines.
(3)
Rear yard setback. All buildings, structures, off-street parking lots and loading areas shall be set back at least 10 feet from the rear lot line.
(4)
Residential buffer strip. Any lot used for anything other than a detached residence or a public use and adjoining land within a residential zone shall maintain a fifteen-foot setback for buildings and structures, off-street parking lots and loading areas from the residentially-zoned parcels. Such area shall be used for a landscape strip.
H.
Maximum permitted height: 35 feet for principal uses and 20 feet for accessory structures.
I.
Outdoor storage. No outdoor storage is permitted.
J.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter.
K.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
N.
Screening. For properties containing a commercial principal use, a visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 340-37 of this chapter).
O.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
P.
Waste products. All dumpsters shall be set back a minimum of 25 feet from any adjoining residentially zoned properties and shall comply with § 340-26D of this chapter.
Q.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
R.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 340-42 of this chapter.
S.
Design features/bonus incentives. Because of this zone's intended purpose to reduce traffic congestion, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentive | |
|---|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto adjoining roads | A 10% increase in the maximum permitted lot coverage for each use | |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses | |
Coordinated off-street loading between two adjoining land uses sharing a single access drive that provides ready access to one or more loading spaces serving both uses | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces; provided, a cross property use easement is recorded that assures both uses may use the shared loading space(s). In addition, one side yard setback may also be waived, as it applies to off-street loading. | |
Coordinated signage with two or more uses sharing only one freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 10% increase in the maximum permitted size of any attached or freestanding signs |
§ 340-16.1 Local Commercial Zone (LC).
[Added 4-21-2010 by Ord. No. 244]
A.
Purpose. This zone provides suitable locations for smaller scale (under 30,000 square feet) and/or local and neighborhood-oriented retail, service and entertainment businesses. The uses may involve outdoor activities. The uses provided in this zone are meant to primarily serve local residents. In addition to vehicular access, pedestrian access to and among these uses is encouraged. The streetscape in this zone should create a pedestrian-oriented and recognizable sense of place similar to South Broad Street in Lititz Borough.
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions (but not including drive-through facilities).
(3)
Restaurants and taverns (but not including drive-through or fast-food restaurants or nightclubs).
(4)
Retail sales of goods and services (including auto parts stores which do not provide installation), excluding retail establishments in excess of 30,000 square feet of gross floor area and including shopping centers up to 15,000 square feet of gross floor area (but not including drive-through facilities).
(5)
Personal services shops up to 25,000 square feet of gross floor area, including barber and beauty shops or tanning salons; tailoring and seamstress shops; music, art or photographic studios; repair of clocks and small appliances; and other similar establishments (but not including drive-through facilities).
(7)
Automobile, boat, motorcycle, recreational vehicle, snowmobile, farm machinery and trailer sales (including service or repair facilities as an accessory use if conducted within a wholly-enclosed building; see § 340-52).
(8)
Theaters and auditoriums.
(9)
Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinet-making and other structural components of buildings.
(10)
Public uses and public utility structures.
(11)
Dry cleaners, laundries and laundromats (but not including drive-through facilities).
(13)
Laboratories.
(14)
Private clubhouses.
(15)
Medical and dental offices.
(16)
Accessory uses customarily incidental to the above permitted uses.
C.
D.
Conditional uses (see § 340-131).
(4)
Drive-through facilities for uses as identified above, including banks and similar financial institutions; retail sales of goods and services; personal service shops; and dry cleaners, laundries, and laundromats; but not including fast-food restaurants (see § 340-66).
(5)
Home improvement and building supply stores not exceeding 50,000 square feet of gross floor area (see § 340-77).
(7)
Retail sales of goods and services in excess of 30,000 square feet of gross floor area (including auto parts stores which do not provide installation) and shopping centers in excess of 15,000 square feet of gross floor area, neither of which uses can exceed 50,000 square feet in gross floor area (see § 340-95).
E.
Lot area, lot width and lot coverage requirements. See the following table:
Required Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | |
|---|---|---|---|---|
Both public sewer and public water | 10,000 | 75 | 65% |
F.
Minimum and maximum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings and structures (except permitted signs) shall be set back at least 15 feet, but no more than 25 feet, from the street right-of-way line; outdoor loading areas, parking areas and outdoor storage areas shall be set back a minimum of 15 feet from the street right-of-way line. In the case of drive-through facilities, these are to be located on the side or rear of proposed buildings and/or building additions. Further, they cannot be placed so as to impede pedestrian or non-motorized access. Should an applicant for a conditional use for a drive-through facility feel that this requirement cannot be met, the applicant for said conditional use must satisfy the Board of Supervisors that the drive-through facility cannot be located at the side or rear of the building and that the drive-through facility must be located at the front of the building. In so doing, if the setback distance for the drive-through facility cannot meet the above-stated maximum front yard setback requirement, the applicant is permitted to increase the maximum front yard setback distance only to the minimum distance necessary to provide relief while complying with the intent of the Township's streetscape requirements in § 340-16.1N below. Under no circumstances shall the drive-through facility be set back any further than 50 feet from the street right-of-way line, nor any less than 15 feet from the street right-of-way line.
(2)
Side yard setback. All buildings and structures (except permitted signs) and outdoor storage areas shall be set back at least 15 feet from the side lot lines. Off-street parking lots and/or loading facilities shall be set back at least 15 feet from the side lot lines, unless joint parking facilities and/or loading facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be used solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 15 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas from the residentially-zoned parcels. Such areas shall be used for a landscape strip and screen; provided, however, this residential setback may be reduced to 35 feet if, in addition to vegetative landscape materials, earthen mounds, berms and fences are employed to enhance the effectiveness of the vegetative landscape materials. Access drives shall be governed by § 340-34 of this chapter and shall not be subject to these residential buffer strip requirements.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. No off-street loading area shall be located on the side of a building facing an adjoining, external street. To the extent possible, no off-street loading area shall be permitted on any side of a building adjoining lands of a residential zone. If the loading area must be located on the side of a building facing adjoining residentially-zoned parcels, the loading area must comply with all setbacks specifically imposed thereon and listed in this section.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
J.
Bicycle parking. Tracts within the Local Commercial Zone shall integrate designated locations for bicycle parking facilities containing at least one bicycle rack which is able to accommodate at least two bicycles, or bicycle parking facilities which are able to accommodate the number of bicycles equal to 5% of the vehicular parking spaces, whichever is greater. Such bicycle parking facilities shall be provided for any new building or for any addition or enlargement of an existing building and for any change in the occupancy of any existing building that results in the need for bicycle parking facilities. In providing the required bicycle parking facilities, the following standards shall be adhered to:
(1)
Inverted U-frame racks (or equivalent) that support the bicycle in a stable, upright position, so that a bicycle, if bumped, will not fall or roll down must be provided. One or more U-frame racks (or equivalent) shall accommodate a minimum of two bicycles.
(2)
Racks must be easily usable with both U-locks and cable locks.
(3)
Bicycle parking facilities shall be located in close proximity to the entrance of the building.
(4)
Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and/or theft.
(5)
Bicycle parking facilities shall be located in highly visible, well-lighted areas to minimize vandalism and/or theft. Any lighting provided for bicycle parking facilities shall meet the approval of the Zoning Officer.
(6)
Bicycle parking facilities shall not impede pedestrian or vehicular circulation and shall be harmonious with their environment in both color and design. These facilities should be incorporated whenever possible into building design or street furniture.
(7)
Paving of the bicycle parking facility is not required, but the ground surface shall be finished or planted in a way that avoids mud and dust. Bicycle parking facilities within automobile parking areas shall be separated by a physical barrier, such as a curb, wheel stops, poles, or other similar feature, to protect bicycles from damage by automobiles.
L.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
M.
Screening. A visual screen (see § 340-37 of this chapter) must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. Further, when off-street parking is to be located in the front yard, it shall be screened in accordance with § 340-37 of this chapter.
N.
Landscaping and streetscape.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
(2)
A minimum fifteen-foot-wide landscape strip shall be provided along all property lines. Such landscape strip is not required for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
(3)
Streetscape improvements, substantially similar to those attached hereto as Appendix 1 and incorporated herein,[1] are required along all existing street frontage(s) and, where applicable and feasible, within the proposed development of the tract. Such streetscape improvements shall include curb, concrete sidewalk, brick accent strip (between the curb and sidewalk), street trees and, where applicable, street lights (mounted on poles consistent in style and height with those shown in Appendix 1).
[1]
Editor's Note: Appendix 1 is included at the end of this chapter.
O.
Waste products. All dumpsters shall be set back a minimum of 15 feet from any adjoining residentially-zoned properties and shall comply with § 340-26D of this chapter.
P.
All uses within this zone shall comply with the General Provisions in Article III of this chapter.
Q.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal laws and regulations. For a listing of some laws and regulations refer to § 340-42 of this chapter.
R.
Outdoor storage. Within the (LC) Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all setbacks specifically imposed thereon by this section and chapter.
§ 340-17 Community Commercial Zone (CC).
[Amended 6-7-1995 by Ord. No. 168; 2-19-1997 by Ord. No. 175]
A.
Purpose. This zone provides suitable locations for larger scale and/or highway oriented retail, service and entertainment businesses. The uses may involve outdoor activities and/or storage areas like automobile, boat and trailer sales and service establishments. The uses provided in this zone are meant to serve local residents as well as those motorists passing through the Township. Access to these areas is provided by adjoining major roads. Specific setbacks are imposed upon outdoor storage areas to protect adjoining properties.
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions.
(3)
Restaurants and taverns (but not including drive-through or fast-food restaurants or nightclubs).
(4)
Retail sales of goods and services (including auto parts stores which do not provide installation) excluding retail establishments in excess of 50,000 square feet of gross floor area and excluding shopping centers.
(5)
Personal services up to 50,000 square feet of gross floor area, including barber and beauty or tanning salons; tailoring and seamstress shops; music, art or photographic studios (including instruction); repair of clocks and small appliances; and other similar establishments.
[Added 11-19-2008 by Ord. No. 234[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection B(5) through (14) as B(6) through (15).
(6)
Hotels, motels and bed-and-breakfast facilities.
(7)
Automobile, boat, motorcycles, recreation vehicles, snowmobiles, farm machinery and trailer sales (including service or repair facilities as an accessory use and if conducted within a wholly-enclosed building).
(8)
Theaters and auditoriums.
(9)
Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinet making and other structural components of buildings.
(10)
Public uses and public utilities structures.
(11)
Dry cleaners, laundries and laundromats.
(12)
Churches and related uses.
(13)
Laboratories.
(14)
Private clubhouses.
(15)
Accessory uses customarily incidental to the above permitted uses.
C.
D.
Conditional uses (See § 340-131.)
E.
Lot area, lot width and lot coverage requirements. See the following table:
Required Public Utilities | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage | |
|---|---|---|---|---|
Both public sewer and public water | 15,000 | 100 | 65% |
F.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings, structures (except permitted signs) and outdoor loading areas shall be set back at least 35 feet from the street right-of-way; off-street parking lots and outdoor storage areas shall be set back a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures (except permitted signs) shall be set back at least 25 feet from the side lot lines. Off-street parking lots, loading areas and outdoor storage areas shall be set back at least 15 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 25 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas, from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building within 100 feet of adjoining lands of a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
K.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 340-37 of this chapter.)
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-37 of this chapter.)
(2)
A minimum fifteen-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
(3)
In all parking lots located immediately adjacent to any street or roadway, the required landscape strip shall be provided. The plant materials [See § 340-37B(1).] shall be arranged to shield the view of the parking lot from the street or roadway without impairing any required sight distances.
[Added 10-17-2007 by Ord. No. 229]
N.
Waste products. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties, and shall comply with § 340-26D of this chapter.
O.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
P.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 340-42 of this chapter.
Q.
Outdoor storage. Within the CC Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. The outdoor storage areas for automobiles, boats, motorcycles, farm machinery and trailer sales need not be screened from adjoining roads.
§ 340-18 Industrial-1 Zone (I-1).
A.
Purpose. This zone provides for a wide range of industrial activities that contribute to the well being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the start-up industries that are likely to emerge; however, larger and heavier industries have also been permitted. This zone provides for light industrial uses as permitted by right, but requires obtainment of a conditional use for heavier and potentially more-objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry related uses, subject to the standards listed in § 340-11 of this chapter.
(2)
Laboratories for medical, scientific or industrial research and development.
(3)
Manufacturing, packaging, storage and/or wholesaling of the following:
(a)
Furniture, cabinets, fixtures, office supplies and other household appointments.
(b)
Scientific, specialized and technical instruments and equipment.
(c)
Audio visual components, computers, vending machines, electronic equipment and video games.
(d)
Finished textile products.
(e)
Brushes, brooms and combs.
(f)
Hot tubs, spas, saunas and swimming pools.
(g)
Jewelry and other precious metals.
(h)
Photographic, lighting and timekeeping equipment.
(i)
Small household appliances, excluding major appliances.
(j)
Musical instruments and sporting equipment.
(k)
Cosmetics, toiletries and pharmaceuticals.
(l)
Optical, dental and medical supplies and equipment.
(m)
Small or novelty products from prepared materials (excluding the use of sheet metals).
(5)
Sales, storage and/or wholesaling of the following:
(6)
Bookbinding, printing and publishing operations.
(7)
Machine shop.
(8)
Repair shops for products permitted to be manufactured in this zone.
(9)
Small engine repair shops.
(10)
Welding shops.
(11)
Sign makers.
(12)
Offices.
(13)
Public buildings and public utilities.
(14)
Agricultural support businesses, including:
(15)
Vocational and mechanical trade schools.
(16)
Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced onsite so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.
(17)
Recycling collection facilities as an accessory use, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.
C.
Conditional uses. (See § 340-131).
(1)
Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations (see § 340-76).
(3)
Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers and other similar machinery (see § 340-75).
(7)
Septage or spent mushroom compost processing and/or commercial mushroom operations (see § 340-98).
(11)
Home improvement and building supply stores, including as accessory uses retail sales of firearms, sporting equipment, dry goods and lawn and garden equipment and materials (see § 340-77).
(12)
Principal solar energy system (see § 340-92.1C).
[Added 7-20-2011 by Ord. No. 248]
(13)
Principal wind energy system (see § 340-92.1D).
[Added 7-20-2011 by Ord. No. 248]
D.
Lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of 43,560 square feet.
E.
Maximum lot coverage: 70%.
F.
Minimum lot width: 150 feet.
G.
Minimum setback requirements.
(1)
Front yard setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters and outdoor storage areas shall be set back at least 50 feet from the adjoining right-of-way. All parking lots shall be set back at least 20 feet from any adjoining right-of-way.
(2)
Side yard setbacks. All buildings, structures, (except permitted signs) dumpsters and off-street loading areas shall be set back at least 30 feet from any side property lines. All outdoor storage areas and off-street parking lots shall be set back at least 20 feet from any side lot lines, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters and off-street loading areas shall be set back at least 35 feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.
(4)
Residential buffer strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping (see § 340-36).
(5)
Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.
H.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 35 feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all property lines.
I.
Off-street loading. Off-street loading shall be provided, as specified in § 340-36 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
J.
Off-street parking. Off-street parking shall be provided, as specified in § 340-35 of this chapter.
L.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
M.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 340-37 of this chapter).
N.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
(2)
A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
O.
Waste products. All dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties, and shall comply with § 340-26D of this chapter.
P.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
Q.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 for a partial listing.)
R.
Outdoor storage. Within the (I-1) Zone, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. Outdoor display areas for heavy equipment and vehicles need not be screened from adjoining roads.
§ 340-19 Campus Industrial Zone (I-2).
[Amended 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No. 199]
A.
Purpose.
(1)
The purpose of this zone is to provide for light industrial, manufacturing, research, warehousing, business and office uses, as well as a limited amount of accessory and related commercial uses, in a park-like setting, which promotes the preservation of the natural, cultural, scenic and historic features of the environment.
(2)
The objectives of this zone are: (1) to promote the development of industrial land through careful, coordinated and comprehensive plans, which minimize the potential for land-use nuisances (such as excessive noise, pollution, dust, odor, traffic) and hazards between adjacent land uses, residents and the natural environment; (2) to create a business and employment area which will not compete with, or threaten the viability of the Lititz Borough downtown business area; (3) to foster the development of an interdependent business community through the promotion of shared facilities (e.g., stormwater basins, site access, parking, multi-tenant, or condominium type buildings, and common, interconnected open space and trail systems; (4) to encourage an attractive built environment which does not detract from the Township's predominantly rural-agricultural landscape; (5) to permit the transfer and application of development rights from agricultural (sending) areas to this (receiving) zoning district as a means to protect the Township's valuable farmland, resource base. Specifically, maximum lot coverage provisions for developments within this zone may be increased through the acquisition of development rights from agricultural (sending) areas within the Township.
(3)
This zone is intended to apply to large parent tracts or blocks of land where the purpose, objectives and intended design elements of this zone can be effectively and equitably applied. To this end, prior to any subdivision and/or land development to effectuate the provisions of this zone, applicants shall be required to prepare, submit and gain approval of an overall, composite master plan. This approach shall ensure comprehensive and coordinated development, rather than random, piecemeal type development. The process will allow for thoughtful consideration for the development and integration of other similarly zoned adjacent properties.
B.
Permitted uses.
(1)
Agricultural and horticultural uses, including one single-family detached dwelling contained on the site, but excluding large concentrated commercial poultry or other livestock operations. With the exception of agricultural uses, no outside storage, display or sales are shall be permitted.
(2)
Manufacturing, packaging, storage uses excluding those uses which because of the nature of their business are deemed to exhibit or have the potential to be deemed to be a public hazard, noxious, a nuisance or otherwise objectionable to surrounding land uses. Such uses shall include, but are not limited to the following businesses or activities involving: agricultural chemicals, fertilizers or pesticides; animal feed; asphalt plant; auto manufacturing or repair; biological and/or pathogenic hazards; concrete, cement and brick making; distillation; explosives or ammunition; incineration; liquid fuels; radioactive materials; solid waste; tannery. Outside storage, display or sales areas are prohibited.
(3)
Animal hospitals and/or veterinarian office, excluding those which include an outdoor kennel, exercise or training area.
(4)
Bakeries.
(5)
Catering and food preparation services; provided, however, no seating area or area in which customers may consume food shall be provided.
(6)
Custom print/photocopying shops.
(7)
Emergency service facilities.
(8)
Hotels and/or motels.
(9)
Laboratories and/or research centers (excluding those offices, facilities or businesses involved with hazardous material, or likely to cause a public nuisance or hazard).
(10)
Municipal uses.
(11)
Offices.
(12)
Medical or dental clinics.
(13)
Packaging businesses (excluding recycling centers).
(14)
Public utilities, such as sewage pump stations, transformer rooms, wellhead house.
(15)
Repair service shops.
(16)
Warehousing (excluding commercial wholesaling businesses).
(17)
Accessory uses customarily incidental to the above-permitted uses.
C.
Conditional uses.
(1)
Accessory commercial retail and installation service components may be permitted, provided the applicant can demonstrate to the satisfaction of the Board of Supervisors that:
(a)
These uses are clearly associated, accessory and subordinate to a permitted principal manufacturing use.
(b)
These uses are wholly contained, or co-located, within the associated principal building, or multi-tenant, or condominium-type building, and not separately located within an independent, freestanding or stand-alone building.
(c)
These uses do not involve a drive-through component.
(d)
These uses do not involve any outside storage, display or sales area component.
(e)
Each separate accessory commercial use or installation service is limited to no more than 10% of the total floor area of the principal manufacturing use or 1,200 square feet, whichever is less.
(f)
The total aggregate floor area for all accessory commercial uses, installation service uses, banks and/or other financial institutions and restaurants is restricted to 20% of the total aggregate floor area of said building or 5,000 square feet, whichever is less.
(g)
The proposal shall be in conformity with all relevant building code (Chapter 120, Uniform Construction Code), fire protection code (Chapter 120, Uniform Construction Code), Subdivision and Land Development Ordinance (Chapter 285, Subdivision and Land Development) and other provisions of this chapter.
(2)
Banks and/or other financial institutions and restaurants may be permitted, provided the applicant can demonstrate to the satisfaction of the Board of Supervisors that:
(a)
These uses are wholly contained, or co-located, within a building in association with other permitted uses, and not separately contained within an independent, freestanding or stand-alone building devoted to their exclusive use.
(b)
These uses do not involve a drive-through component.
(c)
These uses do not involve any outside storage, display or sales area component.
(d)
The total aggregate floor area for all banks and/or other financial institutions, restaurants, accessory commercial uses and installation service uses is restricted to 20% of the total aggregate floor area of said building or 5,000 square feet, whichever is less.
(e)
The proposal shall be in conformity with all relevant building code (Chapter 120, Uniform Construction Code), fire protection code (Chapter 120, Uniform Construction Code), Subdivision and Land Development Ordinance (Chapter 285, Subdivision and Land Development) and other provisions of this chapter.
(3)
Banquet and/or conference facilities.
(4)
Courier or package delivery-distribution center, provided:
(5)
Indoor shooting ranges subject to the provisions of § 340-99 of this chapter applicable to indoor facilities.
(6)
Private clubs.
(7)
Commercial recreation facilities, limited to indoor facilities, subject to the requirements of § 340-62 of this chapter applicable to indoor facilities. Notwithstanding the foregoing, such commercial recreation facilities may include a theater limited to a 500 person seating capacity, but shall exclude drive-in motion-picture establishments.
(9)
Commercial day-care facilities for children and/or adults subject to the requirements of § 340-60.
(10)
Public schools, private schools, commercial schools and vocational and mechanical trade schools subject to the requirements of § 340-89.
(14)
Solid waste disposal, processing, transfer and recycling stations subject to the requirements of § 340-97.
(15)
Principal solar energy system (see § 340-92.1C).
[Added 7-20-2011 by Ord. No. 248]
(16)
Principal wind energy system (see § 340-92.1D).
[Added 7-20-2011 by Ord. No. 248]
D.
General site and development requirements. Lands zoned campus industrial shall be developed in accordance with the following general standards:
(1)
Development may be permitted on a single property or multiple properties.
(2)
Development shall be in accordance with a master plan as follows:
(a)
If the Township has adopted a master plan which includes the subject property, or if another landowner has prepared a master plan which has been approved by the Township which includes the subject property, development of the subject property shall be in accordance with the adopted master plan.
(b)
If no master plan containing the subject property has been approved, prior to the Township considering any subdivision and/or land development plans for the subject property, the applicant shall prepare, submit and gain approval of a master plan. At a minimum such master plan shall contain the subject property and all lots immediately adjoining the subject property.
(c)
This approach shall ensure comprehensive and coordinated development, rather than random, piecemeal type development. The process will allow for thoughtful consideration for the development and integration of other similarly zoned adjacent properties. Upon approval of a master plan containing the subject property, applicants for subdivision and/or land development need only apply for final plan approval, which must be consistent with the adopted master plan.
(d)
The master plan shall include text and illustrations providing for the general layout of the lots and blocks, the design and classification of the street pattern; shared driveway access points; the proposed densities, units of occupancy and land coverage; the location and amount of open or park space which shall include, if present, environmentally significant or sensitive areas to be protected; street, parking area and pedestrian trail light standards and sources; and the design, distribution, location, and standards for water and sewer service. The master plan shall include and be characterized by:
[1]
A connected street and access system which relates to the surrounding urban community.
[2]
A conveniently accessible transportation system which includes a pedestrian-trail system. This system shall minimize interdistrict auto travel by promoting pedestrian linkages. To achieve this objective, development shall conform to the streets, highways, and trails indicated on the Warwick Township Official Map and the Lititz Borough Official Map. The development shall also accommodate mass transit routes and stops where possible and provide access form the mass transit stops to the pedestrian trail system.
[3]
A common, interconnected open space meeting the criteria set forth in § 340-19D(4) and which shall identify environmentally significant or sensitive areas and special natural, cultural and environmental features.
[4]
A streetscape designed to provide safe pedestrian crossings and pedestrian walkways which connect the buildings and related uses, including, but not limited to, parking areas, entryways and courtyards, with an overall pedestrian path system.
[5]
A program of implementation including regulations, financing of the capital improvements and provisions for repealing or amending the master plan. Regulations may include zoning, stormwater, subdivision and land development, highway access and any other provisions which the Township is authorized by law to enact.
(3)
The use of joint or shared stormwater management facilities shall be promoted. The joint or shared stormwater management facilities shall be located at a common low point on the master plan and shall allow for positive drainage, replacing existing drainage patterns, whenever possible, from all proposed lots. The responsibility for the maintenance of such facilities shall be through a recorded landowners' association agreement which runs with the land or by municipal public ownership if a public agency expressly agrees to accept such responsibility.
(4)
The development shall include a generous amount of open space and landscaping. The minimum amount of open space on each lot shall be 25% of the area of such lot.
(a)
The design of the open space may include:
[1]
Stormwater management facilities vegetated with native plants.
[2]
Environmentally significant or sensitive areas.
[3]
Landscape and buffer areas greater than 10 feet in width.
[4]
Public outdoor spaces which may include vegetative plantings and decorative pervious paving, including paver stones, or bricks or concrete pavers set in a porous base.
[5]
Landscaped islands within parking areas with a minimum of 400 square feet of area.
(b)
The design of the open space area shall be based on a survey and analysis of the existing natural, cultural and environmental features of the site. Such design shall:
[1]
Preserve important features of the site, identified by the survey, by inclusion of these features within and as part of the common open space system.
[2]
Be visually and physically accessible through the provision of frontage onto public streets and/or public walkways. The location and design of blocks and lots shall make provision for these elements.
[3]
Be linked together through the use of pedestrian walkways and shall not be completely screened by the placement of structures from public streets or from civic use areas.
[4]
Include the location of seasonal interest vegetative planting strategically located to provide a pleasing walking environment. Any buffer shall be designed to allow for reasonable police surveillance of the site and/or parking area.
[5]
Include landscaped islands within parking compounds.
(5)
Individual lot access shall be discouraged, unless deemed necessary. Instead, access points, parking areas and aisleways should be shared wherever possible. Access or driveway intersections along collector-type streets shall be separated from one another (from the center line) by a minimum of 300 feet.
(6)
Truck loading and unloading areas and trash dumpsters shall be shielded from the streets servicing the facility through the use of vegetative buffers and building orientation.
(7)
All equipment, electrical substations and mechanical devices shall be shielded from view from streets through the use of vegetative buffers.
(8)
All electric, telephone, telecommunications and other service lines shall be underground and shall comply with all applicable Township ordinances.
(9)
An overall street, parking area and pedestrian trail lighting plan shall be submitted. The standards fixtures and light sources shall be determined as part of the master plan and shall be aesthetically compatible with the proposed architecture. All lots within the master plan shall use the preselected fixtures and light sources to provide lighting in a consistent manner throughout the development. The lighting plan shall demonstrate the following:
(a)
The lighting shall be designed to meet all requirements of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick.
(b)
Glare control shall be accomplished through proper selection and application of lighting equipment.
(c)
Lighting standards in parking areas shall be placed within landscape islands. No concrete pedestals shall be permitted.
(d)
All directional lighting fixtures used for signs shall be top-mounted and shall be aimed toward the ground.
E.
Minimum lot area: two acres.
F.
Minimum lot width: 200 feet.
G.
Maximum lot coverage.
(1)
Ten percent. For each transferable development right acquired and applied, as regulated by § 340-45 of this chapter, an additional 4,000 square feet of lot coverage shall be permitted, to a maximum of 70% lot coverage.
(2)
The Board of Supervisors may, by conditional use approval, increase the maximum lot coverage by an additional 5% if the applicant demonstrates to the satisfaction of the Board of Supervisors that the applicant shall provide public amenities in addition to those required by this chapter and by Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, for the development the applicant proposes. Those public amenities shall be amenities delineated on the Warwick Township Official Map. Such amenities may include the construction of pedestrian-bike trails, benches, athletic facilities and similar recreational facilities. In no case, however, shall the maximum lot coverage exceed 75% of the lot area.
H.
Minimum setback requirements.
(1)
Front yard setback: 50 feet.
(2)
Side yard setback. All buildings, structures, dumpsters and off-street loading areas shall be set back a minimum of 35 feet from any side property line.
(3)
Rear yard setback. All buildings, structures, dumpsters and off-street loading areas shall be set back a minimum of 35 feet from any rear property line.
(4)
Off-street parking setback. All off-street parking areas shall be set back 20 feet from all right-of-way lines and property lines.
(5)
The front yard and parking setbacks shall be planted with a combination of street trees and groundcover or evergreen hedge planting. Groundcover and evergreen hedge planting shall be continuous along the length of the parking setback and shall be a minimum of 24 inches in height at the time of planting. The groundcover and hedge planting shall be maintained at a height not to exceed 40 inches to allow for reasonable police surveillance.
I.
Minimum landscaping: 25%.
J.
Maximum height:
[Amended 8-15-2012 by Ord. No. 254; 10-19-2016 by Ord. No. 278]
(1)
Maximum height shall be 45 feet.
(2)
The height of a structure may be increased to a maximum of 100 feet if the use requires a higher ceiling height, provided that in no case shall any part of the structure above 45 feet be used for the purpose of providing additional floor space for residential, commercial or industrial purposes and any such structure shall be subject to all Airport Safety Zone requirements. Any structure in excess of 45 feet shall be set back a horizontal distance at least equal to the height of the structure from all property lines.
(3)
The Board of Supervisors may, by conditional use approval, increase the maximum height of a hotel or office building structure to 65 feet, provided the applicant demonstrates to the satisfaction of the Board of Supervisors that the structure will meet the following criteria:
(a)
The subject property within which the proposed structure is to be located is part of an approved master plan pursuant to § 340-19.
(b)
The structure shall be subject to all Airport Safety Zone requirements.
(c)
The structure shall be set back a horizontal distance at least equal to the height of the structure and shall not be located within 200 feet of a residential district or residential dwelling.
(d)
The structure will be located within the master planned campus and the Campus Industrial Zone to minimize its visual intrusiveness relative to the streetscape in which the structure is located.
(f)
The applicant shall acquire one transferable development right for each 4,000 square feet of additional building area (building footprint) that would be required if the area of the structure constructed above 45 feet were constructed within the forty-five-foot maximum height, as set forth in § 340-45 of this chapter.
K.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. No off-street loading shall be permitted on any side of a building facing or adjoining residentially zoned lands, nor on any side of a building facing an adjoining street.
L.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
M.
Signs. Signs shall be permitted as specified in § 340-38 of this chapter. When a development as identified in a master plan contains more than 50 acres, the developer may elect to have the type, number and size of signs as set forth in § 340-38 or, in the alternative, may request as part of the initial master plan review and approval or review and approval of an update to the master plan to have the type, number and size of signs in this § 340-19M. In either event, all signs shall fully comply with § 340-38A, § 340-38C and the classification and construction requirements of § 340-38B.
[Amended 3-18-2015 by Ord. No. 269]
(1)
In lieu of a planned center sign at the right-of-way on which the development fronts, one wall sign may be used for identification of the development in the Campus Industrial Zone if the applicant can demonstrate to the satisfaction of the Board of Supervisors that:
(a)
The wall sign for identification of the development meets the following criteria:
[1]
The wall sign shall not exceed 15% of the total square feet of the wall on which it is located, to a maximum of 400 square feet, and the top of the wall sign shall not be more than 50 feet from grade at the location of the wall sign or the height of the building on which the sign is located, whichever is less.
[2]
The wall sign shall not be closer to the public street right-of-way than 100 feet.
[3]
The wall sign shall not be closer to a residential zone than 200 feet.
[4]
The wall sign shall not be distracting to the drivers on the public right-of-way on which the wall sign fronts or faces.
(2)
Each building complex over 20,000 square feet within the development may have a planned center ground sign and wall signs, meeting the following provisions:
(a)
One planned center sign per road frontage is permitted.
(b)
No planned center sign shall exceed a maximum of 80 square feet in size or an overall height of 25 feet from preexisting grade to the top of the sign.
(c)
Individual uses with the building may have one wall sign not exceeding 50 square feet.
(3)
If there are individual, freestanding buildings or building complexes under 20,000 square feet within the development, each building or building complex under 20,000 square feet within the development may have a ground-mounted planned center sign and wall signs meeting the following provisions:
(4)
Graphics, art work or symbols on buildings within the development shall not be deemed a sign, provided that:
(a)
The graphics, art work or symbols are not a logo or trademark of the business of the occupant or occupants of the building.
(b)
The graphics, art work or symbols may not contain lettering.
(c)
The graphics, art work or symbols may not be electronically illuminated.
(d)
The graphics, art work or symbols shall be subject to the regulations contained in § 340-38A(12).
(5)
Electronic message boards are permitted only on ground-mounted planned center signs meeting all requirements of § 340-38B(1)(n).
N.
Planting strips. Vegetative planting strips shall be provided adjacent to all public and private streets and any existing or planned residential areas. The planting strip shall have a minimum width of 20 feet, exclusive of any landscaping provided as part of the existing or proposed street right-of-way line.
§ 340-20 Quarry Zone (Q).
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose. The purpose of this zone is to reserve appropriate areas of the Township for quarrying and processing of quarry raw materials, to provide reasonable standards for quarry operations in order to prevent conditions which would interfere with the enjoyment or use of other properties, and to allow uses of a temporary nature in locations premature for quarrying.
B.
Permitted uses. All permitted uses within this zone are subject to the applicable design standards listed in § 340-11 of this chapter:
D.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 35 feet from grade shall be set back a distance at least equal to their height from all property lines.
E.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
F.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
H.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
I.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
J.
Waste products. All dumpsters shall be set back a minimum of 100 feet from any adjoining properties, and shall comply with § 340-26D of this chapter.
§ 340-21 Airport Safety Zones.
A.
Purpose and intent.
(1)
Pennsylvania Act 1984-164, Chapter 59 (known as the Airport Zoning Act) requires the limitation of building and structural height in "airport hazard areas."
(2)
Areas contained within Warwick Township have been identified as being within the "Airport Hazard Area for the Lancaster Airport" as defined in the Pennsylvania Aviation Code, and require special height controls.
(3)
These height restrictions are aimed at preventing the erection of structures that would interfere with or obstruct normal airplane approaches or airport operations. Such interference or obstruction would pose a threat to the health, safety, welfare and convenience of residents of the Township, as well as passengers aboard airport aircraft.
(4)
The Airport Safety Zone is used to impose needed height restrictions as an overlay zoning district, hereby enhancing public safety and minimizing disruption of existing zoning policies.
B.
Lands in zone defined.
(1)
The Township's Airport Safety Zones include areas depicted on the "Airport Hazard Area for Lancaster Airport Map" within Warwick Township. This map is located with the Zoning Officer and supplements the Warwick Township Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
(2)
Two separate zones have been identified. The first, Airport Safety Zone 1, includes areas most seriously affected by the airport operations. Areas contained within Airport Safety Zone 1 are located at such high elevations that normal construction up to this chapter's permitted height (35 feet) could violate state and federal law and pose a safety hazard. Accordingly, height restrictions are strict and review of proposed development is carefully scrutinized.
(3)
The second, Airport Safety Zone 2, includes areas in which buildings and structures can be built up to 35 feet, but cannot support heights up to § 340-28's maximum permitted height of 100 feet. Within this zone, regulations permit the placement of thirty-five-foot-high structures, but require special review for structures higher than 35 feet.
C.
Relationship to other parts. The Airport Safety Zone represents an overlay zoning district that is only concerned with permitted heights. The underlying zoning district shall prescribe all other zoning related standards and uses which shall be imposed upon any lands within the Township. In those instances where the Airport Safety Zone prescribes a height restriction different than that imposed by the underlying zoning district, the most restrictive standard shall apply.
D.
Regulations within Airport Safety Zone 1.
(1)
Any proposed use which involves the construction, erection or projection of a building, structure or any other object above the natural land grade shall require the following before such use can be authorized by the Zoning Officer:
(a)
Certification from the Township's Engineer that the proposed height of said use does not extend above the permitted height ceiling depicted on the Airport Hazard Area for Lancaster Airport Map.
(b)
The applicant shall furnish a letter from the Lancaster Airport Authority indicating that the proposed use has been reviewed and would not violate the permitted height restrictions listed in the Federal Aviation Regulations No. 77.
E.
Regulations within Airport Safety Zone 2.
(1)
Any proposed use involving structural height up to and including 35 feet shall be permitted by right.
(2)
Any proposed use which involves the construction, erection or projection of a building, structure or any other object exceeding 35 feet in height shall require the following before such use can be authorized by the Zoning Officer:
(a)
Certification from the Township's Engineer that the proposed height of said use does not extend above the permitted height ceiling depicted on the Airport Hazard Area for Lancaster Airport Map.
(b)
The applicant shall furnish a letter from the Lancaster Airport Authority indicating that the proposed use has been reviewed and would not violate the permitted height restrictions listed in the Federal Aviation Regulations No. 77.
§ 340-22 Floodplain Zone (F).
[Amended 11-19-1997 by Ord. No. 178; 5-18-2005 by Ord. No. 216; 3-16-2016 by Ord. No. 275]
A.
Purpose and authorization.
(1)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Township.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the Township and its residents by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. The Board of Supervisors has enacted this section in accordance with the Flood Plain Management Act, the Second Class Township Code, and the MPC.[1]
[1]
Editor's Note: See, respectively, 32 P.S. § 679.101 et seq., 53 P.S. § 65101 et seq., and 53 P.S. § 10101 et seq.
B.
Floodplain Zone (F) applicability and administration.
(1)
The regulations of the Floodplain Zone (F) shall apply throughout the entire Township as overlay zoning regulations that supplement the zoning district regulations. Where the regulations of this section differ from the regulations of any other section of this chapter, the provision that is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in this section shall not be interpreted to allow any structure or construction that is not expressly authorized by this section. If the Zoning Hearing Board grants a variance to allow a structure or construction not authorized by this section, such structure or construction shall comply with all construction and floodproofing standards in this section unless the Zoning Hearing Board also grants a variance from a specific construction or floodproofing standard.
(2)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(3)
This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter and provisions of other ordinances, the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce this section and for all purposes shall be considered and may sometimes be referred to as the Floodplain Administrator. The Floodplain Administrator may fulfill the duties and responsibilities set forth in these regulations, delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the Township of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22. In addition to the powers and duties generally set forth in this chapter, when serving as Floodplain Administrator, the Zoning Officer shall have the following powers and duties:
(a)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made. In the case of existing structures, prior to the issuance of any permit, the Floodplain Administrator shall also review the history of repairs to the subject building so that any repetitive loss concerns can be addressed before the permit is issued.
(c)
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(e)
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning Township participation in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated, but the ultimate responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements of the UCC.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed, enlarged or structurally altered, or land used, except in full compliance with these floodplain regulations and other provisions of applicable Township ordinances. A Township zoning permit is required for any development within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the one-hundred-year floodplain, including development, redirecting drainage ways, changes in grade or filling in, shall only occur after a determination by the Zoning Officer that all Township ordinances have been complied with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration or relocation of a waterway shall be given prior notice of such proposal, with copies of such notice provided to the DCED and FEMA.
D.
Permits for uses, structures and grading within the identified floodplain area. Applications for such a permit shall be made in writing to the Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed construction, as well as any existing buildings or structures, and also showing the one-hundred-year flood line.
(g)
A brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
(2)
If any proposed construction or development is located entirely or partially within any identified floodplain area, permit applicants shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d)
Structures will be anchored to prevent flotation, collapse, or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn in at a scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development.
[4]
The location of all existing streets, driveways and other access ways.
[5]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[2]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area, when combined with all other existing and anticipated development, will not cause any increase in the BFE on adjacent upstream or downstream properties.
[4]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood elevation. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(e)
Detailed information needed to determine compliance within § 340-22P(6), Storage, and § 340-22Q, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 340-22P(6) and § 340-22Q which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the PA DEP "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting PA DEP requirements to implement and maintain erosion and sedimentation control.
E.
Review of permit applications by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., Conservation District, Planning Commission, Township Engineer, etc.) for review and comment.
F.
Changes to permits. After the issuance of a permit by the Zoning Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. Requests for any such change shall be in writing and shall be submitted by the applicant to the Zoning Officer for consideration.
G.
Placards. In addition to the permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit and the date of its issuance, and shall be signed by the Zoning Officer.
H.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit, or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under the proposed subsurface footings, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted by the applicant which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request.
I.
Identification of Floodplain Zone (F).
(1)
The Floodplain Zone (F) is all those areas of Warwick Township, Lancaster County, Pennsylvania, classified as special flood hazard areas in the Flood Insurance Study (FIS) and the accompanying FIRM dated April 5, 2016, and issued by FEMA, or the most recent version thereof, including all digital data developed as part of the FIS and FIRM.
(2)
The above-referenced FIS and FIRM, and any subsequent revisions and amendments, are hereby adopted by Warwick Township and declared to be a part of this section and the Floodplain Zone (F).
(3)
The Floodplain Zone (F) shall also include the low area adjoining and including any water or drainage course or body of water subject to periodic flooding or overflow and delineated as floodplain soils by the U.S. Department of Agriculture, Soil Conservation Service, in maps and data comprising the Soil Survey, Lancaster County, Pennsylvania, issued May 1985, or any subsequent revision.
(4)
In those areas delineated as approximated floodplain on the FIRM or in low areas delineated as alluvial soils in § 340-22I(3), the one-hundred-year flood elevation shall be determined by using other existing sources of data, such as those provided by the U.S. Army Corps of Engineers, the U.S. Geological Survey or the Susquehanna River Basin Commission. In lieu of this, the Zoning Officer may require the applicant for a permit to determine the one-hundred-year flood elevation through a hydrologic and hydraulic study. Such study shall be signed, sealed and certified by a licensed professional registered by the Commonwealth of Pennsylvania to perform such studies and surveys. Copies of such study shall be submitted to the Township Engineer for review.
(5)
Studies used to establish the Floodplain Zone (F) boundaries shall be available for reference in the Township Office.
J.
Description and special requirements of identified floodplain areas of Floodplain Zone (F).
(1)
Floodway area.
(a)
Description: the area identified as floodway in the FIS and FIRM which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS and FIRM.
(2)
Special floodplain area.
(a)
Description: the areas identified as Zones AE and A1-30 in the FIS and FIRM which are subject to inundation by the one-percent annual chance flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the PA DEP Regional Office.
[2]
In special floodplain areas without a designated floodway, no new development shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one foot.
(c)
Permitted uses. The following uses are permitted only if done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended;[6] the rules and regulations of the PA DEP; § 340-22J(2)(c) and (d), and all other applicable provisions of this chapter:
[1]
Agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 340-11, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
[2]
Erosion and sedimentation control measures, facilities, and structures, provided that no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.
[3]
Public and private recreational uses such as parks, play areas, picnic groves, lawns, gardens, golf courses, driving ranges, archery ranges, game farms, paved bicycle paths, and hiking and horseback trails, all excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
[4]
Open space and front, side, or rear yards required by other sections of this chapter.
[5]
Stream improvements whose sole purpose is to improve aquatic life habitat and which are approved by the Pennsylvania Fish Commission and reviewed by the Conservation District, and subject to the provisions of § 340-22D.
[6]
Floodproofing and flood hazard reduction structures to protect only lawfully existing and registered nonconforming structures and lawfully existing and registered nonconforming uses within structures.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
(d)
Special exception uses. The following uses are permitted in the Floodplain Zone (F) only when special exceptions are granted by the Zoning Hearing Board as provided for herein and in Article VI, when permitted by the underlying zone as permitted use or special exception uses, and when done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended;[7] the rules and regulations of the PA DEP; and all other provisions of this chapter:
[1]
Parking lots, loading areas, driveways, and aircraft landing strips and taxiways.
[2]
Water-oriented uses such as docks, piers, wharves, marinas, boat liveries and boat-launching ramps.
[3]
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to the following conditions:
[a]
Facilities such as pipelines, gas lines, storm sewers, sanitary sewers, water lines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and underground communication facilities, shall, together with associated structures, but excepting necessary vents, be designed and installed underground so as to be at or below the existing natural surface grade within the floodplain and in such a manner as will prevent flotation, minimize or eliminate flood damage, and not alter the cross-sectional area of the floodplain.
[b]
All new or replacement water supply facilities and/or sanitary sewage facilities shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters.
[c]
All gas lines shall have a system of shutoff valves for service to the Floodplain Zone (F) to allow positive control during flood emergencies.
[4]
Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish Commission, but excluding other structures.
[5]
Culverts, bridges, and approaches to private culverts and bridges that meet all the following conditions:
[a]
Review and/or approval by the Lancaster County Planning Commission, if required.
[b]
Approval by the Susquehanna River Basin Commission, if required.
[c]
Approval by the PA DEP, if required.
[d]
Approval by the United States Army Corps of Engineers, if required.
[e]
Approval by PennDOT, if required.
[f]
If approval by PennDOT is not required, the proposed use must still meet all of the appropriate minimum design standards of PennDOT.
[g]
The proposed structure must be designed in such a way as to have the capacity to allow the unrestricted passage of waters of maximum flood elevation below and through it without any increase in water surface elevation on adjacent upstream or downstream properties.
[6]
Extraction of sand, gravel and other mineral resources, excluding topsoil.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
(e)
Prohibited uses. The following uses are prohibited in the Floodplain Zone (F):
[1]
All uses prohibited either expressly or implicitly in the underlying zoning district for the land in question.
[2]
All structures, with the exception of those specifically allowed in § 340-22J(2)(c) and (d).
[3]
Sanitary landfills, dumps, junkyards and salvage yards, and outdoor storage of vehicles and/or materials.
[4]
Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading necessary to accomplish and carry out those uses permitted in § 340-22J(2)(c) and (d); provided, however, that no grading is permitted which would cause any increase in flood heights or frequency on adjacent upstream or downstream properties.
[5]
Damming or relocation of any watercourse, except as provided for in § 340-22J(2)(c) and (d).
[6]
Any parts of new on-site sewage disposal systems.
[7]
Stockpiling, storage, or disposal of buoyant materials, logging slash, herbicides, pesticides, domestic or industrial waste, radioactive materials, petroleum or other flammable materials, explosives, poisonous materials, hazardous materials or other material which, if flooded, would pollute the watercourse or be injurious to human, animal, or plant life.
[8]
Any new or substantially improved structure which will be used for the production or storage of any of the following materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances on the premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulfur and sulfur products, pesticides (including insecticides, fungicides and rodenticides), radioactive substances, insofar as such substances are not otherwise regulated, and other substances defined as "hazardous waste" under Section 75.261, Chapter 75, Title 25 of the Pennsylvania Code (PA DEP's Hazardous Waste Management Regulations).[8]
[8]
Editor's Note: The Department of Environmental Resources was split into two and reorganized by Act 1995-18, now the Department of Environmental Protection, 71 P.S. § 510-1, or Department of Conservation and Natural Resources, 71 P.S. § 1340.301 et seq. For the list of hazardous wastes, see now 25 Pa. Code Ch. 261a, Identification and Listing of Hazardous Waste.
[9]
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[10]
Fully and partially enclosed space below the lowest floor (including basement).
(3)
Approximate floodplain area.
(a)
Description: the areas identified as Zone A in the FIS which are subject to inundation by the one-percent annual chance flood event, determined using approximate methodologies. Because detailed hydraulic analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the PA DEP Regional Office.
[2]
When available, information from other federal, state, and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[3]
In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
K.
Changes in identified floodplain area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. As soon as practicable, but not later than six months after the date such information becomes available, the Township shall notify FEMA of the changes by submitting technical or scientific data.
L.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Zoning Officer, and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
M.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the PA DEP Regional Office. It is the responsibility of the applicant to provide all studies and pay all required fees.
(b)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(c)
FEMA and DCED shall be notified prior to any alteration or relocation of any watercourse regulated by FEMA.
(2)
Submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE for any watercourse regulated by FEMA.
(3)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.
N.
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements other than those expressly authorized by § 340-22J shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 340-22W, then the following provisions shall apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 340-22J(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 340-22J(3)(b)[2] and [3].
(c)
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(d)
The design and construction standards and specifications contained in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(3)
Space below lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
O.
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(1)
The accessory structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2)
The floor area shall not exceed 200 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(6)
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
P.
Design and construction standards. Within any identified floodplain area, any new construction or substantial improvements other than those expressly authorized by § 340-22J shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 340-22W, then the following minimum standards shall apply for all construction and development proposed within any identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and Township regulations for such systems. If any such system is permitted, is shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities From Flood Damage, and the International Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 340-22Q, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b)
All air ducts, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory flood elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications of the UCC shall apply to the above and other subsections of this section, to the extent that they are more restrictive and/or supplement the requirements of this section.
Q.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[9] and the regulations adopted by the DCED as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances, shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Hydrochloric acid | |
Hydrocyanic acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Petroleum products (gasoline, fuel, oil, etc.) | |
Phosphorus | |
Potassium | |
Sodium | |
Sulfur and sulfur products | |
Pesticides (including insecticides, fungicides, and rodenticides) | |
Radioactive substances, insofar as such substances are not otherwise regulated |
[9]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any floodway area, any structure of the kind described in § 340-22Q(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 340-22Q(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the BFE.
(b)
Designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
R.
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where BFE data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
S.
Special requirements for manufactured homes and recreational vehicles. Within any identified floodplain area, manufactured homes and recreational vehicles are prohibited. If a variance is obtained for a manufactured home or recreational vehicle in the identified floodplain area in accordance with § 340-22W, then the following provisions apply:
(1)
Within any floodway, manufactured homes and recreational vehicles shall be prohibited.
(2)
Within the approximate floodplain or special floodplain area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance with the manufacturer's installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the International Residential Building Code adopted as part of the UCC or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply.
(5)
Consideration shall be given to the installation requirements of the UCC where appropriate and/or applicable to units where the manufacturer's standards for anchoring cannot be provided or were not established for the unit's proposed installation.
T.
Prohibitions. In accordance with the administrative regulations promulgated by the DCED to implement the Pennsylvania Flood Plain Management Act,[10] the following activities shall be prohibited within any identified floodplain area.
(2)
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[10]
Editor's Note: See 32 P.S. § 679.101 et seq.
U.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 340-22V shall apply. Historic structures, as defined in this section, undergoing repair or rehabilitation that would constitute a substantial improvement, as also defined in this section, must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
V.
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(1)
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the BFE.
(2)
No expansion or enlargement of an existing structure shall be allowed within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this section.
W.
Variances.
(1)
If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article VI of this chapter and the following:
(a)
No variance shall be granted for any construction, development, use or activity within any floodway that would cause any increase in the BFE on adjacent upstream or downstream properties.
(b)
No variance shall be granted for any construction, development, use, or activity within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life.
(d)
If granted, a variance shall involve only the least modification necessary to provide relief.
(e)
Whenever a variance is granted, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.
(g)
(h)
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(3)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent annual chance flood.
X. ACCESSORY STRUCTURE OR USE BASE FLOOD BASE FLOOD DISCHARGE BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN AREA FLOODPROOFING FLOODWAY HIGHEST ADJACENT GRADE HISTORIC STRUCTURE LOWEST FLOOR MANUFACTURED HOME(1) (2) (3) (4) (5) MANUFACTURED HOME PARK OR SUBDIVISON NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION OBSTRUCTION PERSON RECREATIONAL VEHICLE REGULATORY FLOOD ELEVATION REPETITIVE LOSS SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT UNIFORM CONSTRUCTION CODE (UCC) VIOLATION
Definitions. Unless specifically defined below, words and phrases use in this section shall be interpreted so as to give this section its most reasonable application.
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
The elevation shown on the FIRM for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor below ground level on all sides.
A combination of materials forming a permanent structure and which has walls and a roof. This term shall include manufactured homes and trailers used for human habitation.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading and excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
A manufactured home park or subdivision for which the construction or facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the Township.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The official map on which FEMA or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.
The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
An historic structure as defined in § 340-10, i.e., a structure that is on the National Register of Historic Places, is recognized by the Pennsylvania Historical and Museum Commission as being historically significant, is recognized by the Historic Preservation Trust of Lancaster County as being historically significant or is recognized on the Township's list of Class 1 and Class 2 historically significant structures.
The lowest floor of the lowest fully enclosed area, including any basement. An unfinished flood-resistant partially enclosed area used solely for the parking of vehicles, building access and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.
A type of single-family detached dwelling that meets all of the following requirements:
It is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations;
It may be constructed so that it may be used without a permanent foundation.
It is not a recreational vehicle.
A parcel, or contiguous parcels, of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced on or after the effective date of these floodplain regulations that were adopted by the Township, and includes any subsequent improvements thereto. Any construction started after November 19, 1980, and before the effective date of these floodplain regulations is subject to the regulations in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Township.
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, culvert, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water, or is placed where the flow of the water may carry the matter downstream to threaten life and property.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
The BFE or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on an average, equals or exceeds 25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
A subdivision as defined in the MPC.[11]
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, regardless of the actual repair work performed. The term does not include either any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Township code enforcement official and which are the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
The failure of a structure or other development to be fully compliant with the Township's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[11]
Editor's Note: See 53 P.S. § 10107.
§ 340-23 Village Overlay Zone (VO).
[Amended 2-19-1997 by Ord. No. 175; 4-7-1999 by Ord. No. 191]
A.
Purpose and intent.
(1)
In compliance with §§ 605(2) and 605(3) of the Act, this zone provides an optional set of design standards that can be applied to property located within the R-2 Residential Zone. These optional design standards seek to achieve a village type setting that is characteristic of much of Lancaster County's built environment and heritage. All of the design standards of this zone are vital if the village atmosphere is to be achieved. While many of the following requirements deal with issues that typically transcend zoning jurisdiction, they are provided as design options, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township.
(2)
It is the further intent of the Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within the R-2 Residential Zone of the Township. To this end, the Board of Supervisors shall, by conditional use approval, permit the developer to modify the design standards of this section if such modification will enable the design of a better development. It is the specific intent of the Board of Supervisors to permit developers to consider and utilize innovative methods of design.
(3)
Some of the specific development objectives of the zone include the design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of important natural and cultural features.
(b)
Provide for a diversity of housing types, sizes and costs with particular emphasis on scattered-site affordable housing opportunities.
(c)
Provide for convenient vehicular access to the neighborhood's edge but increased reliance upon pedestrian movements within its bounds.
(d)
Integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities.
(e)
Make efficient use of local infrastructure and services.
(f)
Reflect the historic and traditional building styles so abundant within the region.
(g)
Reserve and feature civic uses and open spaces as community focal points.
(h)
Provide safe, efficient and compatible linkages with existing nearby land uses, streets, sidewalks, etc.
(i)
Invite regular and frequent social interaction among its inhabitants.
(j)
Blend all of these above described features in a way that promotes community identification and a sense-of-belonging for the residents.
(4)
These development objectives will be used as a measure of conformance with any proposed development within this zone.
B.
Relationship to other ordinances and sections of this chapter. The provisions of this section create a conditional use overlay zone which may be applied to lands within the R-2 Zone. This zone may only be applied to property upon approval by the Board of Supervisors and written acceptance by the landowner of all requirements of this section, and any valid conditions of approval attached by the Board of Supervisors. Such overlay zone establishes different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more, or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Township shall remain in full force.
C.
Severability and repealer. Should any part of this section be declared invalid by the courts, the entire § 340-23 shall be automatically repealed.
D.
Review procedures. All proposals within this zone are considered and shall be governed by the application and review procedures for conditional uses according to § 340-131 of this chapter. The remaining requirements of this zone shall be used as the specific criteria for evaluating the approval of any conditional use(s).
E.
Conditional uses.
(1)
Public uses and public utilities structures.
(2)
Municipal uses.
(3)
Churches and related uses.
(4)
Single-family detached dwellings.
(5)
Duplexes.
(6)
Townhouses with no more than four units per building.
(7)
Quadraplexes.
(8)
Apartments. Where the apartments are in a townhouse design, no more than eight units per structure. Where the apartments are in a design with a common street entrance or with apartments being located in an over/under configuration, the building shall have a maximum width and length of 200 feet.
(9)
Accessory building apartments with no more than one dwelling unit, subject to the criteria listed in § 340-64 of this chapter.
(12)
The following locally oriented businesses:
(a)
Barber, beauty, tanning and health salons.
(b)
Tailors, off-site dry cleaning and shoe repair services.
(c)
Retail sales and/or rental of goods such as, but not limited to, antiques, apothecaries, packaged beverages, recorded music and video materials, books, clothing, confections, dry goods, flowers, fresh or packaged food, furniture, gifts, hardware, jewelry, newspaper, notions, personal and household supplies, photographic supplies, sporting goods, stationery and tobacco (excluding adult-related uses).
(d)
Delicatessens, bakeries, ice cream shops, caterers, restaurants and fast-food restaurants, provided no drive-through facilities are used.
(e)
Photographic, music, art and dance studios.
(f)
Professional, medical and/or dental office.
(g)
Banks, including outdoor tellers if pedestrian-oriented, and similar financial institutions, provided no drive-through facilities are utilized.
(h)
Repair of clocks, jewelry, cameras, electronics and small household appliances.
(i)
Convenience stores with accessory gasoline facilities meeting the following criteria for village overlay development on a tract containing a minimum lot size of 50 acres which will be developed with not less than 200 dwelling units:
[1]
The building shall contain no more than 3,000 gross square feet in area.
[2]
There shall be no more than three multiproduct gasoline dispensers which shall be able to serve no more than six motor vehicles at any one time.
[3]
The convenience store shall front on and gain access from a collector road or an arterial road or the convenience store shall be located at the intersection of two collector roads, two arterial roads or a collector road and an arterial road.
[4]
There shall be not more than one pole sign which shall contain not more than 36 square feet of sign area for the convenience store. No signage shall be permitted on the canopy over the multiproduct gasoline dispensers. Signage on the building shall be regulated in accordance with Article III of this chapter.
[5]
Applicant shall separately address the traffic impacts of the proposed convenience store in the required traffic study for the project.
[6]
Applicant shall limit lighting of the convenience store property in accordance with the illumination criteria of § 285-28A(7) of Chapter 285, Subdivision and Land Development, subject to the following:
[7]
[8]
If applicant installs one or more canopies over the multipurpose gasoline dispenser(s), the maximum under clearance of such canopy shall be 15 feet and the maximum height of the canopy shall be 20 feet.
[9]
The architectural design and signage for the convenience store shall be consistent with the character of the village neighborhood as determined by the reasonable discretion of the Board of Supervisors.
(16)
Accessory uses customarily incidental to the above-permitted uses.
F.
Minimum area requirements. All applications for this zone shall contain no less than 30 contiguous acres, unless applicant proposes to include a use which requires a greater minimum lot area. However, applications that expand previously approved Village Overlay Zone development shall have no minimum area requirements.
G.
Required mixture of uses. All Village Overlay Zone developments shall provide a mixture of uses that conform with the following ratios of net acreage (excluding streets, alleys and utility rights-of-way):
Use | Required Percentage | |
|---|---|---|
Public, civic, open spaces | Minimum 30% | |
Single-family detached dwellings (including accessory apartments) | Minimum 35% | |
Other dwellings (duplexes, townhouses, quadraplexes) | 10% to 30% | |
Local commercial uses | Maximum 5% |
H.
Maximum coverage. In no case shall more than 55% of a Village Overlay Zone development site be covered with buildings and/or other impervious surfaces.
I.
Architectural considerations. All proposals within the Village Overlay Zone must incorporate architectural treatments and styles that complement the Township's historic resources. All applications shall include the preparation of textual and (typical) graphic descriptions by a commonwealth registered architect, of proposed architectural features and styles, which shall be presented and analyzed with the following criteria:
(1)
Proportion of building's front facades. The relationship between the width of the front of the building and the height of the front of the building.
(2)
Proportion of openings within the building. The relationship of width to height of windows and doors.
(3)
Rhythms of solids to voids in the front facade. Since rhythm is a repeated and recurrent alteration of strong and weak architectural elements, a rhythm of masses to openings in a building should be maintained.
(4)
Rhythm of spacing of buildings on streets. In moving past a series of buildings, a rhythm of recurrent or repeated building masses to spaces between them should be experienced.
(5)
Rhythm of entrance and/or porch projections. Moving past a series of structures, one experiences a rhythm of entrances or projections at an intimate scale.
(6)
Relationship of materials. Within an area, the predominant materials may be brick, stone, stucco, wood siding or other material.
(7)
Relationship of textures. The predominant textures of an area may be smooth, such as stucco or rough as brick with tooled joints or horizontal wood siding, or other textures.
(8)
Walls of continuity. Physical ingredients, such as brick walls, wrought iron fences, evergreen landscape masses, building facades or combinations of these form continuous, cohesive walls of enclosures along the street.
(9)
Relationship of landscaping. There may be a predominance of a quality and quantity of landscaping, although emphasis herein shall be with the amounts and continuity of landscaping.
(10)
Paving materials. There may be a predominance in the use of brick pavers, cobblestones, granite blocks or others.
(11)
Directional expression of front elevation. Structural shape, planning of openings and architectural detail may provide a predominantly vertical, horizontal or nondirectional character to the building's facade.
(12)
Scale. Scale is created by the size of units of construction and architectural detail that relate to the size of man. It can also be determined by building mass and how it relates to open space. The major elements of scale may be brick or stone units, window or door openings, porches and balconies, etc.
(13)
Relationship of color. Insofar as the mass and detail, such as trim, are concerned, a predominant color that may be of a natural material or a patina colored by time. Blending colors of trim is also a factor.
(14)
Relationship of architectural details. Architectural details and their relationship to the structure in question and adjacent ones including, but not limited to, cornices, lintels, arches, quoins, balustrades and ironwork, chimneys, etc.
(15)
Relationship of roof shapes. Buildings should have compatible roof shapes, such as gable, mansard, hip, flat, gambrel and/or other kinds of roof shapes.
(16)
A description of any nonstructural site improvements (buffering, landscaping and screening) that will be used to protect the integrity of the historic resources.
J.
Residential design requirements.
(1)
Lot design standards. See following table:
Required Setbacks2 | ||||||||
|---|---|---|---|---|---|---|---|---|
Permitted Dwelling Type | Maximum Permitted Density (units/ net acre) | Minimum Lot Width at Building Line (feet) | Maximum Lot Coverage3 | Front Build-to Line1 (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) | |
Single-family detached | 74 | 50 | 50% | 10-15 | 6 | 12 | 20 | |
Duplex | 8 | 40 per unit | 70% | 10-15 | 6 per unit | N/A | 20 | |
Townhouse5 | 8 | 18 per unit | 70% | 10-15 | 10 end units | N/A | 20 | |
Quadraplex | 8 | 30 per unit | 70% | 10-15 | 10 end units | N/A | 20 | |
Apartments6 | 7 | 20 per unit | 70% | 10-20 | 30 end units | 60 | 20 | |
NOTES: | |||
|---|---|---|---|
1 | No less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line; except, however, no less than 50% of any townhouse or quadraplex building must be located on the front build-to line. Front build-to lines shall be measured between the edges of the street right-of-way and the closest facade of the building; including porches. No part of any building shall extend closer to a street than the front build-to line. | ||
2 | Required setbacks for accessory structures shall be 10 feet from rear lot lines and six feet from side lot lines. No accessory buildings shall be permitted within the front yard. | ||
3 | Maximum lot coverage requirements shall not apply to porches located within the front yard. | ||
4 | In addition to the principal dwelling, an accessory building apartment is permitted by special exception, subject to the criteria listed in § 340-64. Such accessory building apartments shall not be calculated as part of the maximum permitted density depicted for single-family detached dwellings in this table. | ||
5 | No townhouse building shall contain more than four units. For each townhouse building containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be five feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives, or parking facilities contained on commonly-held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the following separation distances will be provided between each building: | ||
(1) | Front to front, rear to rear or front to rear parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end. | ||
(2) | A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet. | ||
(3) | A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings. | ||
(4) | All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands. | ||
6 | No apartment building designed in a townhouse configuration shall contain more than eight dwelling units. An apartment building designed in a configuration where all units share a common street entrance or where the units are in an over/under configuration shall have a maximum width and length of 200 feet. All buildings shall be separated in accordance with the multiple-family design criteria set forth in § 340-15E of this chapter. | ||
(2)
Modified lot design standards.
(a)
Up to 10% of the single-family lots included within the Village Overlay Zone development may have a lot width as narrow as 40 feet; provided, however, that an equal percentage of single-family lots shall have a minimum lot width of not less than 60 feet.
(b)
All single-family detached dwelling lots which have a lot width of less than 50 feet shall be located on the side of a street where on-street parking is prohibited. The applicant shall, while the streets are private, erect appropriate no parking signs and enforce the no parking requirements. If such streets are dedicated to and accepted by the Township, the applicant shall prepare a traffic study necessary to support such parking prohibition and shall bear all costs necessary to enact an ordinance establishing the parking prohibition.
(c)
All single-family detached dwellings located on lots with a width less than 50 feet shall be provided with basements.
(d)
All single-family detached dwellings located on lots with a width less than 50 feet shall be provided with basements.
(e)
No more than two lots which are less than 50 feet in width may be contiguous. Each lot or lots which are less than 50 feet in width shall be separated by two or more lots which are 50 feet or greater in width.
(f)
Lots which are less than 50 feet in width may be located only on local streets as established by § 340-39 of this chapter.
(g)
Lots which have a width of less than 50 feet shall not be located on the outside of a horizontal curve or around the bulb of a cul-de-sac.
(3)
Residential building design standards. All residences shall comply with the following:
(a)
Building height. All principal residences shall be between 1 1/2 and three stories in height. Accessory buildings shall be no more than 15 feet high unless an accessory apartment is provided; in such cases, an accessory building can extend up to two stories.
(b)
Building orientation and porches. All residential buildings' main entrances shall face the lot's front yard. At least 50% of all detached dwellings located along a public street within the same block shall include porches within the front yard. When a dwelling with a porch is located on a corner lot, the porch shall extend parallel along both front lot lines.
(c)
Residential building width. No residential dwelling shall be greater than 100 feet wide as measured parallel, or approximately parallel, with any street line.
(4)
Vehicular access and parking requirements for residences.
(a)
All driveways and off-street parking shall be provided within the rear yard. However, one joint-use driveway shall be permitted to extend into the front yard to connect with a public street, along a common lot line serving at least two adjoining residences. Driveway widths shall range between 10 and 12 feet. In no case shall any joint-use driveway serve more than four dwelling units.
(b)
For purposes of this zone, § 340-32 of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots must front along a commonly held pedestrian path, and have direct access to a public alley, or a joint use driveway. In such cases, the lot's front yard shall be that which is along the common pedestrian path. Furthermore, the lot's front build-to line shall be measured from the edge of the common pedestrian path.
(c)
Notwithstanding the requirements of § 340-35 of this chapter, a minimum of two off-street parking spaces may be provided for each one bedroom apartment. An applicant for conditional use approval shall specify the number of one bedroom apartments which shall be developed. The applicant shall specify the buildings within which the one bedroom apartments shall be located and shall include notes within which the one bedroom apartments shall be located and shall include notes on the final land development plan indicating the minimum number of one bedroom apartment dwellings which must be developed to enable providing two off-street parking spaces for such apartment dwelling units. Garages shall not be counted toward the off-street parking requirements for apartment dwellings.
(5)
All mail and newspaper boxes shall be attached to the building's front facade.
(6)
No aboveground accessory residential swimming pools, except portable kiddie pools, shall be permitted.
K.
Commercial design requirements. Within the Village Overlay Zone, those limited commercial activities listed in § 340-23E(12) shall be permitted in one or a combination of the two following alternative design schemes and subject as well to the following common design requirements:
(1)
Commercial courtyard. This design scheme provides for a centralized pedestrian-oriented commercial courtyard that provides a maximum separation of commercial patrons from vehicular traffic.
(a)
Commercial courtyards shall also be integrated upon a system of sidewalks and/or pedestrian pathways, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the commercial courtyard.
(b)
Where practicable, commercial courtyards will be contiguous or directly across a street from common greens as required by § 340-23L(1) of this chapter. Furthermore, commercial courtyards shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community center or pavilions, playgrounds, etc.).
(c)
Commercial courtyards shall consist of one minimum thirty-five-foot-wide pedestrian path which generally runs perpendicular from adjoining streets. Such pedestrian path shall have a dust free impervious surface with lamp posts, trash receptacles, shade tree beds, pedestrian benches and similar amenities.
(d)
Each commercial building's main facade, sign and customer entrance must front on the commercial courtyard. At least 50% of the commercial buildings' main facades shall be placed upon a five-foot build-to-line, as measured from the nearest edge of the courtyard's pedestrian path; however, this requirement can be waived for outdoor cafes, so long as a three-foot-high fence is placed along the same build-to-line.
(e)
Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs and trash receptacles are permitted, so long as they architecturally and visually complement the overall appearance and function of the commercial courtyard. All activities onsite shall be controlled so as not to constitute a nuisance by means of noise and litter.
(f)
One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the courtyard's pedestrian path. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours.
(g)
Signs for commercial uses within the commercial courtyard shall only include flat wall signs, wall projecting signs or roof projecting signs. Overall sign size shall be limited to six square feet per sign, per business. Each business will be permitted one such sign along the courtyard pedestrian path, plus another oriented to its street side. The commercial courtyard is also permitted one freestanding archway which crosses over the common pedestrian path. Such archway must be used to identify a common name of the commercial courtyard. Notwithstanding the foregoing, signs for convenience stores with accessory gasoline facilities shall be permitted in accordance with § 340-23E(12)(i).
(h)
Vehicular access, off-street parking and off-street parking loading shall be located in the commercial use's front yard (directly opposite the common pedestrian path or courtyard) between the building and a public street. As an alternative, off-street parking and loading can be provided on a separate common area shared by adjoining businesses. Such common parking and loading shall be not more than 300 feet from any of the uses it serves, shall be linked via a sidewalk to the courtyard's common pedestrian path and shall be screened from the common pedestrian path, adjoining roads and adjoining residential areas.
(i)
Required off-street parking.
[1]
Minimum required off-street parking spaces for commercial uses are computed on the basis of one per 300 square feet of total floor area, except that convenience stores, and/or offices of physicians, dentists and veterinarians shall require one space per 200 square feet of total floor area.
[2]
Off-street parking lot design standards shall follow those specified for all commercial uses contained within § 340-34 of this chapter. All off-street parking for commercial uses shall be set back no less than 25 feet from any adjoining property used principally for residential purposes. Furthermore, any street access to any off-street parking space must be set back at least 40 feet from the right-of-way lines of any intersecting street or five feet from a fire hydrant.
(j)
Minimum required setbacks. See following table:
Use | Front Yard (feet) | Side Yards Abutting Other Commercial Uses | Side Yards Abutting Public or Residential Uses (feet) | Rear Yard | |
|---|---|---|---|---|---|
Building | 541 | None | None | See § 340-23K(1)(e) | |
Off-street parking | See § 340-23K(1)(i) | None | 25 | Not permitted | |
Off-street loading | 10 | None | 50 | Not permitted | |
Dumpster | 25 | None | 50 | Not permitted | |
Gasoline dispensing facility | 502 | None | 50 | Not permitted |
NOTES: | ||
|---|---|---|
1 | Building front yard setbacks can be reduced in two separate instances. First, a minimum twenty-foot setback can be used when no off-street parking nor loading is provided between the building and the adjoining street. In such cases, this area shall be used for a minimum eight-foot-wide sidewalk and a planting strip that comprises at least 25% of the area contained within the front yard. Second, the building front yard setback can be reduced to 30 feet when perpendicular or angled head-in parking spaces directly front an access easement. In this case, the thirty-foot strip shall be comprised of a minimum ten-foot-wide landscape strip with sidewalk, and the balance used for actual parking space. | |
2 | For corner lots, the setback adjacent to the street of lesser classification may be provided in accordance with Footnote 1 of this table. | |
(2)
Main street setting. This design scheme provides for a centralized main street streetscape similar to that characterized by many of the historic villages and boroughs of the county.
(a)
Main street settings shall be integrated upon a system of sidewalks, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the main street area.
(b)
Where practicable, main street settings will be contiguous to or directly across a street from common greens as required by § 340-23L(1) of this article. Furthermore, main street settings shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.).
(c)
Main street settings shall require that commercial uses front along a new arterial or collector road serving the development.
(d)
Main street settings shall include sidewalks with lamp posts trash receptacles, pedestrian benches, shade trees and other similar amenities.
(e)
Each commercial building's facade, sign and customer entrance must be oriented toward its adjoining street. At least 50% of the commercial buildings' main facades shall be placed upon a five-foot front build-to-line; however, this requirement can be waived for outdoor restaurant cafes, so long as a three-foot-high fence is placed along the same build-to-line.
(f)
Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs and trash receptacles are permitted so long as they architecturally and visually complement the overall appearance and function of the main street setting. All activities onsite shall be controlled so as not to constitute a nuisance by means of noise and litter.
(g)
One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the main street sidewalk. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours.
(h)
Signs for commercial uses within the main street setting shall only include flat wall signs, wall projecting signs or roof projecting signs. Overall sign size shall be limited to six square feet per business. Each business will be permitted only one such sign. Another two square foot wall sign is permitted facing the building's off-street parking area. Notwithstanding the foregoing, signs for convenience stores with accessory gasoline facilities shall be permitted in accordance with § 340-23E(12)(i).
(i)
Required parking and loading.
[1]
Minimum required off-street parking spaces for commercial uses are computed on the basis of one per 300 square feet of total floor area, except that convenience stores and/or offices of physicians, dentists and veterinarians shall require one space per 200 square feet of total floor area. Required off-street loading spaces shall be determined by § 340-36K of this chapter. Such off-street parking and loading areas shall be located behind any commercial building in the rear yard. All off-street parking and loading space areas shall be provided on an integrated basis so that all uses are physically interconnected and share available parking and loading spaces. Cross access easements to ensure such integration shall be required in language acceptable to the Township's Solicitor. For the purposes of this zone, the schedule of required parking spaces listed in § 340-35H and the reduction of required parking spaces provided for by § 340-35F shall not apply. However, all other design standards shall be enforceable. All vehicular access to such areas shall be via common access drives, preferably not directly from the main street area, but from an intersecting side street.
[2]
In addition to the above described off-street parking, on-street parking shall be provided as parallel parking along any side of the street upon which commercial uses front.
(j)
Minimum required setbacks. See the following table:
Use | Front Yard | Side Yards Abutting Other Commercial Uses | Side Yards Abutting Noncommercial Uses (feet) | Rear Yard Abutting Other Commercial Uses (feet) | Rear Yard Abutting Noncommercial Uses (feet) |
|---|---|---|---|---|---|
Building | See § 340-23K(1)(i) | None | 0 | 50 | 50 |
Off-street parking | Not permitted | None | 15 | None | 15 |
Off-street loading | Not permitted | None | 25 | None | 25 |
Dumpster | Not permitted | None | 50 | None | 50 |
Gasoline dispensing facility | Not permitted | None | 50 | None | 50 |
(k)
Height requirements. All buildings shall have two, or 2 1/2 stories. Notwithstanding the foregoing, convenience stores with accessory gasoline facilities shall be subject to the requirements of § 340-23E(12)(i) of this chapter and shall be permitted to be one story in height.
(l)
Outdoor storage. No outdoor storage is permitted.
(m)
Waste products. Dumpsters are permitted within the rear yard. All dumpsters shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
(n)
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-36). Convenience stores shall also be subject to all requirements of § 340-23E(12)(i) of this chapter.
(o)
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
(3)
Common design standards. Commercial uses, whether in a centralized pedestrian-oriented commercial courtyard or in a main street setting shall meet the following requirements:
(a)
Where practicable, all commercial land uses shall be centralized within one area which is generally equidistant from the peripheral edges of the development, or any adjoining residential neighborhood(s) whose residents would also patronize the commercial uses.
(b)
For each commercial use (except for convenience stores with accessory gasoline facilities), one upper-floor apartment with a separate ground level access and one off-street parking space must be provided.
(c)
No business shall comprise more then 2,000 square feet of gross floor area (excluding the upper-floor apartment). Notwithstanding the foregoing, convenience stores with accessory gasoline facilities shall be subject to the requirements of § 340-23E(12)(i) of this chapter.
(d)
For each 30 dwelling units occupied, one commercial use may be constructed.
(e)
Lot area requirements. Five thousand to 10,000 square feet per store. For convenience stores with accessory gasoline facilities, a minimum of one acre shall be required.
(f)
Lot width requirements: 25 feet to 80 feet per store front, except that, when a commercial use adjoins a lot or lots used principally for residential purposes, the maximum lot width shall be increased to accommodate a required twenty-five-foot-wide landscape buffer strip.
(g)
Maximum lot coverage: 90%.
(h)
Height requirements. All buildings shall have two, or 2 1/2 stories. Notwithstanding the foregoing, convenience stores with accessory gasoline facilities shall be subject to the requirements of § 340-23E(12)(i) of this chapter and shall be permitted to be one story in height.
(i)
Outdoor storage. No outdoor storage is permitted.
(j)
Waste products. Dumpsters may be permitted within the side or front yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence. All waste receptacles shall be complete enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
(k)
Architectural considerations. All commercial buildings are subject to the regulation of Subsection I of this section. Convenience stores with accessory gasoline facilities shall also be subject to requirements of § 340-23E(12)(i) of this chapter.
(l)
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative groudcover and other ornamental plantings (see § 340-36). Convenience stores with accessory gasoline facilities shall also be subject to all requirements of § 340-23E(12)(i)[7] of this chapter.
(m)
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
L.
Open space design requirements. As specified in § 340-23G, no less than 30% of the total development site's net acreage shall be devoted to public, civic and/or open space uses. The following standards shall also be applied to these areas:
(1)
Of the total 30% required, no less than 1/3 shall be used for commonly held public open spaces. Any remaining area shall be reserved for centralized common greens, such as playgrounds, picnic pavilions and neighborhood parks or public schools, churches, meeting halls, swimming pools, libraries, museums and other similar uses.
(2)
The location and design of required public open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site. Qualified experts must identify and plot each of the following found on the proposed site:
(a)
One-hundred-year floodplains.
(b)
Steep slopes (greater than 15%).
(c)
Wetlands, streams, ponds or other water bodies.
(d)
Sinkholes, caves, vistas or other significant geologic features.
(e)
Threatened or endangered species habitats.
(f)
Archaeologic resources.
(g)
Historic resources.
(h)
Significant stands of mature trees.
From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the Village Overlay Zone development minimizes disturbance of, but integrates, these features to provide a safe and attractive network of common pedestrian paths that link areas within the proposed development and connect with nearby uses of the Township. All common pedestrian paths shall consist of an all-weather durable surface that is at least five feet wide. |
(3)
An essential element of the Village Overlay Zone development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication, or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in a manner to insure its preservation. This shall be accomplished through one of the following:
(a)
An offer of dedication to the Township. The Township shall not be obligated to accept dedication of the common open space.
(b)
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space, or a portion thereof, to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Township.
(c)
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners; associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor:
[1]
Such organization shall not dispose of the common open space by sale or otherwise except to the Township, unless the Township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.
[2]
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
[3]
The Township may require the establishment of a reserve fund to provide for maintenance of, or capital improvements to, the common open space.
M.
Streets, sidewalks and alleys. Within the Village Overlay Zone, the following design standards shall be applied to streets, sidewalks and alleys:
(1)
The following table lists required street, sidewalk and alley widths:
Functional Street Classification | Number of Travel Lanes | Number of Parallel Parking Lanes | Minimum Required Cartway Width (feet) | Minimum Required Sidewalk and Related Planting Strip Width (feet) | Minimum Required R.O.W. Width (feet) | |
|---|---|---|---|---|---|---|
Arterial or collector | 2 | 2 | 40 | 20 | 60 | |
Local | 2 | 2 | 36 | 20 | 56 | |
Local | 2 | 1 | 28 | 20 | 48 | |
N/A | 2-way alleys | 02 | 16 | 0 | 16 | |
N/A | 1-way alleys | 02 | 11 | 0 | 11 | |
N/A | 1-way access drives | 0 | 9 | 0 | 9 | |
N/A | 2-way access drives | 0 | 18 | 0 | 18 | |
N/A | Joint use driveway | 0 | 16 | 0 | 16 |
NOTES: | ||
|---|---|---|
1 | Sidewalks shall be provided in accordance with § 340-23M(4) of this section. | |
2 | No parking shall be permitted within alleys. | |
(2)
Where practicable, the design of streets, alleys and sidewalks should provide for through traffic and pedestrian movements, and should interconnect with existing nearby streets, alleys and sidewalks. The use of cul-de-sac streets and alleys is forbidden, unless accompanied by plans of future adjacent street connections.
(3)
All public streets that connect with existing arterial or collector roads (as depicted on the Official Zoning Map[2]) provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum center line turning radius of 150 feet. All other roads shall be designed with a minimum center line turning radius of 80 feet. All intersections of driveways, joint-use driveways, access drives and/or streets shall provide a clear sight triangle in accordance with § 340-33 of this chapter.
[2]
Editor's Note: The Zoning Map is on file in the Township offices.
(4)
Both sides of all public streets shall be lined with five-foot-wide sidewalks, and five-foot-wide sidewalk planting strips; however, where sidewalks directly abut on street parking spaces fronting commercial uses, such sidewalks shall be at least eight feet wide. Sidewalks and sidewalk planting strips should weave beside, and in-and-out of, one another. At driveway, access drive and street intersections, all sidewalks shall include aprons for access by handicapped persons according to standards contained within the latest version of the Pennsylvania Universal Accessibility Standards. Sidewalk planting strips shall stop no less than 20 feet from the curbline of an intersecting street; in these areas, ten-foot-wide sidewalks shall be provided. In addition, sidewalk planting strips can be replaced with ten-foot-wide sidewalks at locations of passive pedestrian nodes (e.g., benches, fountains, public transit stops and access points of public uses and parks). One shade tree shall be provided every 50 feet, or fraction thereof, of linear sidewalk planting strip.
N.
Public utility and service requirements. All proposals within the Village Overlay Zone must comply with the following:
(1)
Both public sewer and public water shall be used throughout the development.
(2)
Where practicable, the retention and regenerative percolation of stormwater runoff shall be located within common passive open spaces.
(3)
All utility lines shall be located underground and within public streets, alleys or other public rights-of-way. Any required utility structures, buildings, pump stations, transformers or other similar devices shall be screened from adjoining properties and roads.
(4)
All public streets shall be provided on one, or both, side(s) with streetlights. Such streetlights shall be placed every 100 lineal feet and shall be of such design and light intensity to complement the development's architecture.
(5)
Bus stops shall be placed at appropriate location(s) along major roads serving the proposed development. Their distribution shall be such that no residence within the development shall be situated more than 1,000 feet from its bus stop. Furthermore, the selection of bus stops shall be logically connected with any existing bus routes. Bus stops shall consist of a minimum pedestrian node consisting of one ten-foot by twenty-foot sidewalk section, one permanently anchored park bench and a shade tree. Such bus stops shall be provided, even if existing bus routes do not currently serve the area.
(6)
Applicants are required to obtain a letter from the fire chief of the company that would provide first-call service to the proposed development. Such letter should describe any foreseeable problems regarding fire protection for the proposed development. Particular attention should focus upon the location of fire hydrants and street turning radii.
O.
Subsequent revisions within the Village Overlay Zone.
(1)
Except as provided in Subsections O(2) and (3), any change proposed within a previously approved Village Overlay Zone will require the obtainment of a conditional use according to the procedures and standards listed in § 340-131 of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of § 340-23 and other applicable provisions of this chapter, as well as any conditions of approval attached to the original approval.
(2)
Minor revisions of existing uses which were previously approved as part of a Village Overlay Zone are permitted by right, if they:
(a)
Do not violate any design standards specifically imposed upon the proposed use and its site.
(b)
Do not change any principal use.
(c)
Do not violate any of the standards imposed upon the entire development.
(d)
Do not violate any conditions attached to the original approval of the Village Overlay Zone.
(e)
Do not adversely affect the architecture of the approved existing development.
P.
Modifications of design standards. The Board of Supervisors may, by conditional use approval, permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for village development, as required by this section, also make application for conditional use approval under this section. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards shall be subject to the following standards:
(1)
Such modifications of design standards better serve the intended purposes of this zone, as expressed in Subsection A of this section.
(2)
Such modifications of design standards would not result in adverse impact to adjoining properties, nor future inhabitants within the Village Overlay Zone development.
(3)
Such modifications will not result in an increase in residential densities permitted for the site.