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Washington Township Erie County
City Zoning Code

ARTICLE IV

Zoning Map and District Regulations

§ 150-10 Adoption and location of Zoning Map.

A map entitled "Washington Township Official Zoning Map" was adopted as part of the original Zoning Ordinance, and all amendments shall be added as they are approved. This Zoning Map shall be kept on file available for examination at the Township Municipal Building.

§ 150-11 Establishment of zoning districts.

[Amended 7-2-2002 by Ord. No. 3-02; 11-8-2006 by Ord. No. 6-06[1]; 5-16-2007 by Ord. No. 2-07; 6-16-2015 by Ord. No. 2-15]
A. 
The Township is divided into 10 districts, seven of these are shown by the district boundaries on the Zoning Map and known as:
A-1
Agricultural
RC-1
Rural Conservation
R-1
Rural Residential
R-2
Suburban Residential
R-3
Suburban Residential
C-1
Commercial (includes Highway Service and Commercial)
B-1
Business
I-1
Industrial
F-P
Floodplain (overlay)
CD-1
Conservation Design (overlay)
[1]
Editor's Note: This ordinance also repealed Ord. No. 4-06, adopted 9-5-2006.

§ 150-12 Interpretation of district boundaries.

A. 
District boundaries shown within the line of streets, streams and transportation rights-of-way shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines, by scale of dimension stated on the Zoning Map or by the fact that it clearly coincides with a property line shown on the Zoning Map, he shall deny the application, and the Board,[1] upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the intention and purposes set forth in all relevant provisions of this chapter.
[1]
Editor's Note: See the definition of "Board" in § 150-9.
B. 
Division of a lot or parcel in single ownership. Where a zone boundary line divides a lot or parcel in single ownership, at the time of the passage of this chapter, any use authorized or permitted in either zone may be extended a distance not to exceed 50 feet beyond the boundary in the zone in which such use is authorized or permitted.

§ 150-13 General district regulations.

[Amended 7-2-2002 by Ord. No. 3-02]
The minimum lot and yard requirements and other development standards for each zoning district are set forth within the charts located in § 150-22. These standards must be met at the minimum, as well as any other requirement(s) listed within this chapter that apply to the respective use. Any use not expressly listed for a district, or uses which the Zoning Officer cannot interpret as being of the same classification, require only normal application procedures, while conditional uses require the review of the Planning Commission and the approval of the Township Council; special exception uses require the approval of the Zoning Hearing Board.

§ 150-14 A-1 Agricultural District.

[Amended 7-27-1993 by Ord. No. 1-93; 10-7-1997 by Ord. No. 7-97; 12-2-1997 by Ord. No. 10-97; 5-1-2001 by Ord. No. 3-01; 7-2-2002 by Ord. No. 3-02; 11-8-2006 by Ord. No. 6-06]
The purpose of this district is to provide for and maintain the open and agricultural character of the Township. This district is created to provide for the lowest-density arrangement of development within the Township, and it is the intention of the Township not to allow this zone to advance to an urban- or suburban-like state.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses (§ 150-9).
(2) 
Agricultural (§§ 150-29 and 150-9).
(3) 
Agricultural business and industry (§ 150-29D).
(4) 
Bed-and-breakfast inns.
(5) 
Cemeteries.
(6) 
Conservation design development.
(7) 
Drilling operations (§ 150-32).
(8) 
Educational and religious (nonprofit).
(9) 
Essential services (§ 150-9).
(10) 
Farm ponds (§ 150-25).
(11) 
Group day-care homes.
(12) 
Home occupations (§§ 150-27 and 150-9).
(13) 
Mini warehouse.
(14) 
Private swimming pools (§ 150-25).
(15) 
Public parks and playgrounds.
(16) 
Reservoirs/stormwater retention facilities (§§ 150-25 and 150-60J).
(17) 
Signs (§ 150-26).
(18) 
Single-family detached dwellings (§ 150-9).
(19) 
Specialized animal raising and care (§§ 150-29B and 150-9).
(20) 
Riding academy.
(21) 
Surface noncoal mining (§ 150-32).
(22) 
Tractor trailer storage units (§§ 150-50 and 150-9).
(23) 
Treatment works.
(24) 
Recreation facility, minor (indoor).
B. 
Special exceptions (§§ 150-65 and 150-9). Special exceptions shall be as follows:
(1) 
Business-related water recreation and storage, i.e., fish hatcheries, commercial fishing ponds, private swim clubs, etc. (§ 150-25).
(2) 
Cellular communications towers (§ 150-22F).
(3) 
Duplexes (§ 150-9).
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(4), Roadside stands, was repealed 10-1-2013 by Ord. No. 2-13.
(5) 
Sewage lagoons subordinate to agricultural use.
(6) 
Restaurant and special tourist facility.
C. 
Conditional uses (Article IX). Conditional uses shall be as follows:
(1) 
Airport and airstrips.
(2) 
Drilling operations, oil and gas (§ 150-32).
[Added 7-5-2011 by Ord. No. 1-11[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection C(2), Auto salvage, junkyards and similar storage areas.
(3) 
Campgrounds (§§ 150-51 and 150-9).
(4) 
Heavy equipment storage (§§ 150-9 and 150-49).
(5) 
Indoor and outdoor recreation.
(6) 
Light manufacturing (§ 150-9).
(7) 
Temporary structures (§§ 150-9 and 150-23).

§ 150-14.1 RC-1 Rural Conservation District.

[Added 11-8-2006 by Ord. No. 6-06]
The Rural Conservation-1 District is intended to provide low-density residential and agricultural uses in order to preserve open space and the general rural character of the Township. The objective is to protect sensitive environmental resources, including groundwater and surface water for water systems, limited permeable soils for sewage systems, and natural topography for stormwater control; to maintain traffic flow and safety; and to protect scenic vistas. Development patterns and densities are to be based upon the carrying capacity of the land, with overall density of one unit per acre.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses.
(2) 
Agricultural.
(3) 
Bed-and-breakfast inns.
(4) 
Cemeteries.
(5) 
Conservation design developments.
(6) 
Drilling operations.
(7) 
Educational and religious (nonprofit).
(8) 
Essential services.
(9) 
Farm ponds.
(10) 
Group day-care home.
(11) 
Home occupations.
(12) 
Mini warehouse.
(13) 
Public parks and playgrounds.
(14) 
Professional office.
(15) 
Recreation facility, minor (indoor).
(16) 
Riding academy.
(17) 
Treatment works (sewage).
(18) 
Signs.
(19) 
Single-family detached dwellings.
(20) 
Swimming pools, private.
B. 
Special exception uses. Special exception uses shall be as follows:
(1) 
Duplexes.
(2) 
Business-related water recreation and storage.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3), Roadside stands, was repealed 10-1-2013 by Ord. No. 2-13.
(4) 
Restaurants and special tourist facilities.
(5) 
Outdoor recreation.
C. 
Conditional uses. Conditional uses shall be as follows:
(1) 
Airports and airstrips.
(2) 
Farm and construction equipment sales and service.
(3) 
Surface noncoal mining.
(4) 
Community residential facilities.
(5) 
Campgrounds (§ 150-51).
[Added 7-5-2011 by Ord. No. 1-11]
(6) 
Drilling operations (oil and gas) (§ 150-32).
[Added 7-5-2011 by Ord. No. 1-11]

§ 150-15 R-1 Rural Residential District.

The purpose of this district is to provide for and maintain a rural residential environment within the Township and to offer existing and future residents an alternative between the lower-density development as provided for in the A-1 District and the higher-density development and the more divergent and urban land uses accommodated within the Suburban Residential Districts. A single-family oriented district, allowing for nonconflicting land uses that promote a rural residential environment, is the goal of this district.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses (§ 150-9).
(2) 
Agricultural (§§ 150-29 and 150-9).
(3) 
Drilling operations (§ 150-32).
(4) 
Educational and religious (nonprofit).
(5) 
Essential services (§ 150-9).
(6) 
Farm ponds (§ 150-25).
(7) 
Fire stations.
(8) 
Home occupations (§§ 150-27 and 150-9).
[Added 10-7-1997 by Ord. No. 7-97]
(9) 
Private swimming pools (§ 150-25).
(10) 
Public parks and playgrounds.
(11) 
Signs (§§ 150-26 and 150-9).
(12) 
Single-family detached dwellings (§ 150-9).
(13) 
Conservation design development (§ 150-21).
[Added 7-2-2002 by Ord. No. 3-02]
B. 
Special exceptions (§§ 150-65 and 150-9). Special exception uses shall be as follows:
(1) 
Agricultural business industry (§ 150-29D).[1]
[1]
Editor's Note: The former entry for home occupations, which immediately followed this subsection, was repealed 10-7-1997 by Ord. No. 7-97. See now Subsection A(8).
(2) 
Outdoor recreation (§ 150-9).
(3) 
Private swim clubs (§ 150-25).
(4) 
Public swimming pools (§ 150-25).
(5) 
Reservoirs/stormwater retention facilities (§§ 150-25 and 150-60J).
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(6), Roadside stands, was repealed 10-1-2013 by Ord. No. 2-13.
(7) 
Sewage lagoons, subordinate to agricultural use (§ 150-25).
(8) 
Specialized animal training and care (§§ 150-29B and 150-9).
C. 
Conditional uses (Article IX). Conditional uses shall be as follows:
(1) 
(Reserved)[3]
[3]
Editor's Note: Former § 150-15C(1), surface mining, was repealed 7-5-2000 by Ord. No. 8-00.
(2) 
Temporary structures (§§ 150-9 and 150-23).

§ 150-16 R-2 Suburban Residential District.

The purpose of this district is to promote for a suburban neighborhood environment setting with a variety of housing types to serve the future housing needs of the Township. While a higher density and divergency of housing types is provided for within this district, the Township still intends to promote stable and desirable residential neighborhoods through strict application of development standards.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses (§ 150-9).
(2) 
Agricultural (§§ 150-29 and 150-9).
(3) 
Cemeteries.
(4) 
Drilling operations (§ 150-32).
(5) 
Duplexes (§ 150-9).
(6) 
Educational and religious (nonprofit).
(7) 
Essential services (§ 150-9).
(8) 
Farm ponds (§ 150-25).
(9) 
Fire stations.
(10) 
Funeral homes.
(11) 
Home occupations (§§ 150-27 and 150-9).
[Added 10-7-1997 by Ord. No. 7-97]
(12) 
Hospitals and nursing homes.
(13) 
Municipal buildings and libraries.
(14) 
Private swimming pools (§ 150-25).
(15) 
Public parks and playgrounds.
(16) 
Signs (§§ 150-26 and 150-9).
(17) 
Single-family detached dwellings (§ 150-9).
(18) 
Communications antennas mounted on an existing public utility transmission tower, building or other structure, other than a single-family or two-family dwelling, and their accompanying communications equipment buildings.
[Added 5-1-2001 by Ord. No. 3-01]
(19) 
Conservation design development (§ 150-21).
[Added 7-2-2002 by Ord. No. 3-02]
B. 
Special exception uses (§§ 150-65 and 150-9). Special exception uses shall be as follows:
(1) 
Manufactured home parks (§ 150-31).[1]
[1]
Editor's Note: The former entry for home occupations, which immediately preceded this subsection, was repealed 10-7-1997 by Ord. No. 7-97. See now Subsection A(11).
(2) 
Private swim clubs (§ 150-25).
(3) 
Public swimming pools (§ 150-25).
(4) 
Reservoirs/stormwater retention facilities (§§ 150-25 and 150-60J).
(5) 
Sewage lagoons, subordinate to agricultural use (§ 150-25).
(6) 
Specialized animal raising and care (§§ 150-29B and 150-9).
C. 
Conditional uses (Article IX). Conditional uses shall be as follows:
(1) 
Apartment buildings, condominiums and townhouses (§ 150-44).
(2) 
Apartment conversion (§ 150-45).
(3) 
Bed-and-breakfast inns (§ 150-9).
(4) 
Community residential facilities (§ 150-43).
(5) 
Multiple-family dwellings (§ 150-35).
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(6), Planned residential development, added 7-23-1993 by Ord. No. 1-93, was repealed 7-2-2002 by Ord. No. 3-02. This ordinance also provided for the redesignation of former Subsection C(8) as Subsection C(7).
(7) 
[3]Temporary structures (§§ 150-9 and 150-23).
[3]
Editor's Note: Former § 150-16C(7), surface mining, was repealed 7-5-2000 by Ord. No. 8-00.

§ 150-17 R-3 Suburban Residential District.

The intent of this zoning district is to establish reasonable restrictions within an area at the head of Edinboro Lake which was subdivided prior to the Township Zoning Laws of 1969 with small lots, and to provide for single-family residential homes, two-family dwellings and vacation and tourist homes as a varied residential district with open space and recreational facilities free from other uses, except those which are regarded as desirable assets compatible with and convenient to the residents of such a district.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses (§ 150-9).
(2) 
Duplexes (§ 150-9).
(3) 
Campgrounds (§ 150-51).
[Added 7-5-2011 by Ord. No. 1-11[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection A(3), Educational and religious (nonprofit).
(4) 
Essential services (§ 150-9).
(5) 
Fire stations.
(6) 
Home occupations (§§ 150-27 and 150-9).
[Added 10-7-1997 by Ord. No. 7-97]
(7) 
Municipal buildings and libraries.
(8) 
Private gardens.
(9) 
Private swimming pools (§ 150-25).
(10) 
Public parks and playgrounds.
(11) 
Signs (§§ 150-26 and 150-9).
(12) 
Single-family detached dwellings (§ 150-9).
B. 
Special exception uses (§§ 150-65 and 150-9). Special exception uses shall be as follows:
(1) 
(Reserved)[2]
[2]
Editor's Note: The former entry for home occupations, which immediately preceded this subsection, was repealed 10-7-1997 by Ord. No. 7-97. See now Subsection A(6). Former Subsection B(1), Roadside stands, was repealed 10-1-2013 by Ord. No. 2-13.

§ 150-18 C-1 Commercial District.

[Amended 7-1-1997 by Ord. No. 2-97; 4-6-1999 by Ord. No. 3-99; 7-5-2000 by Ord. No. 8-00; 9-3-2002 by Ord. No. 7-02; 11-8-2006 by Ord. No. 6-06; 5-16-2007 by Ord. No. 2-07]
The purpose of this district is to maintain and provide for the commercial needs of the Township. It is designed for the shopping convenience of persons residing in nearby areas of the Township, as well as for persons from more distant places. The C-1 Commercial District is designed to provide municipal water and sewage services and is intended to permit a wide range of commercial uses in a heavy traffic corridor.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses (§ 150-9).
(2) 
Adult day care.
(3) 
Agricultural (§§ 150-29 and 150-9).
(4) 
Animal clinics.
(5) 
Automobile repair garages.
(6) 
Banks and financial institutions.
(7) 
Barber and beauty shops.
(8) 
Business office.
(9) 
Car washes.
(10) 
Child day-care center.
(11) 
Continuing care retirement communities.
(12) 
Drilling operations.
(13) 
Farm and construction equipment sales and service.
(14) 
Fire stations.
(15) 
Hospitals, clinics, and nursing homes.
(16) 
Indoor recreation.
(17) 
Libraries.
(18) 
Motels and hotels.
(19) 
Motor vehicle accessory sales and service.
(20) 
Motor vehicle sales and service.
(21) 
Municipal buildings.
(22) 
Professional office.
(23) 
Retail gasoline outlets.
(24) 
Retail business.
(25) 
Restaurants.
(26) 
Signs.
(27) 
Stormwater retention facilities.
(28) 
Tractor trailer and temporary movable storage units.
(29) 
Essential services.
[Added 9-1-2009 by Ord. No. 2-09]
B. 
Special exception uses (§§ 150-65 and 150-9). Special exception uses shall be as follows:
(1) 
Drive-in theaters (§ 150-37).
(2) 
Outdoor recreation.
(3) 
Sale of agricultural products (§ 150-29C).
[Amended 10-1-2013 by Ord. No. 2-13]
(4) 
Specialized animal raising and care (§§ 150-29B and 150-9).
(5) 
Warehouses.
C. 
Conditional uses (Article IX). Conditional uses shall be as follows:
(1) 
Bottle clubs.
(2) 
Adult entertainment uses.
(3) 
Light industrial park (§ 150-53).
(4) 
Light manufacturing (§ 150-9).
(5) 
Nightclubs, dance halls, taverns and clubs.
(6) 
Temporary structures (§§ 150-9 and 150-23).
(7) 
Medical marijuana dispensary.
[Added 6-6-2017 by Ord. No. 2-17]
(8) 
Mini warehouse.
[Added 9-5-2017 by Ord. No. 4-17]

§ 150-18.1 (Reserved) [1]

[1]
Editor’s Note: Former § 150-18.1, C-2 Commercial District, as amended, was repealed 6-16-2015 by Ord. No. 2-15.

§ 150-18.2 B-1 Business District.

[Added 11-8-2006 by Ord. No. 6-06; amended 10-1-2013 by Ord. No. 2-13; 6-16-2015 by Ord. No. 2-15]
This District provides for the protection of community interests in a mixed-use setting and encourages high quality development within the Township. The B-1 allows for a variety of limited commercial and light industrial businesses that are amenable with low to medium density residential uses. The B-1 provides for businesses which have limited infrastructure needs. The intent of this district is to promote stable and harmonious uses through the application of development standards.
A. 
Permitted uses.
(1) 
Accessory uses (§ 150-9).
(2) 
Adult day care.
(3) 
Agricultural (§§ 150-29 and 150-9).
(4) 
Animal clinics.
(5) 
Banks and financial institutions.
(6) 
Barber and beauty shops.
(7) 
Bed-and-breakfast inns (§ 150-9).
(8) 
Business office.
(9) 
Car washes.
(10) 
Child day-care center.
(11) 
Clinics.
(12) 
Duplexes (§ 150-9).
(13) 
Educational and religious (nonprofit).
(14) 
Electronic and computer sales and service.
(15) 
Essential services (§ 150-9).
(16) 
Funeral homes.
(17) 
Garden supply and bulk material sales.
(18) 
Group day-care homes.
(19) 
Hardware and building supply sales.
(20) 
Health, fitness, dance studios.
(21) 
Home occupations (§§ 150-27 and 150-9).
(22) 
Indoor and outdoor recreation.
(23) 
Indoor recreation.
(24) 
Libraries.
(25) 
Motor vehicle accessory sales and service.
(26) 
Motor vehicle sales and service.
(27) 
Municipal buildings and libraries. (Municipal buildings) (libraries).
(28) 
Municipal buildings.
(29) 
Outdoor recreation (§ 150-9).
(30) 
Private swimming pools (§ 150-25). (Swimming pools, private).
(31) 
Professional offices.
(32) 
Public parks and playgrounds.
(33) 
Recreation facility, minor (indoor).
(34) 
Restaurant, take-out.
(35) 
Restaurants.
(36) 
Retail shops less than 10,000 square feet.
(37) 
Signs (§§ 150-26 and 150-9).
(38) 
Single-family detached dwellings (§ 150-9).
(39) 
Stormwater retention facilities.
(40) 
Tools, appliances or equipment rentals. (Tools and equipment rentals).
B. 
Conditional uses. Conditional uses shall be as follows:
(1) 
Age-restricted residential community.
(2) 
Apartments with a business structure (§ 150-44.1).
(3) 
Automobile repair garages (§ 150-36).
(4) 
Banquet hall.
(5) 
Continuing care retirement communities.
(6) 
Farm and construction equipment sales and service.
(7) 
Hotels and motels of 20 rooms or less.
(8) 
Light manufacturing (§ 150-9).
(9) 
Mini warehouse.
(10) 
Nightclubs, dance halls, taverns and clubs, brewpubs.
(11) 
Retail business.
(12) 
Retail gasoline outlets.
(13) 
Tractor trailer storage units (§§ 150-50 and 150-9).
C. 
Special exception uses. Special exception uses shall be as follows:
(1) 
Heavy equipment storage (§§ 150-9 and 150-49).
(2) 
Restaurant and special tourist facility.
(3) 
Specialized animal raising and care (§§ 150-29B and 150-9).

§ 150-19 I-1 Industrial District.

The purpose of this district is to reserve land for development of general manufacturing and other industries that provide employment opportunities. Such industries are encouraged to develop in the Township, consistent with the fact that their operations are compatible with adjacent uses and do not create nuisances beyond the limitations established in this chapter. Other general-purpose uses not permitted in other zones because of incompatibility are also provided for in this district.
A. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Accessory uses (§ 150-9).
(2) 
Agricultural (§§ 150-29 and 150-9).
(3) 
Business-related water recreation and storage, i.e., fish hatcheries, commercial fishing ponds, private swim clubs, etc. (§ 150-25).
(4) 
Drilling operations (§ 150-32).
(5) 
Essential services (§ 150-9).
(6) 
Farm ponds (§ 150-25).
(7) 
Light industrial park (§ 150-53).
[Added 7-1-1997 by Ord. No. 2-97]
(8) 
Light manufacturing (§ 150-9).
(9) 
Office buildings.
(10) 
Reservoirs/stormwater retention facilities (§§ 150-25 and 150-60J).
(11) 
Signs (§§ 150-26 and 150-9).
(12) 
Surface noncoal mining (§§ 150-9 and 150-32).
[Amended 7-5-2000 by Ord. No. 8-00]
(13) 
Warehousing and wholesaling.
(14) 
Processing operations of noncoal surface mining (§§ 150-9 and 150-32).
[Added 7-5-2000 by Ord. No. 8-00]
(15) 
Communications antennas mounted on an existing public utility transmission tower, building or other structure, other than a single-family or two-family dwelling, and their accompanying communications equipment buildings.
[Added 5-1-2001 by Ord. No. 3-01]
B. 
Special exception uses (§§ 150-65 and 150-9).
(1) 
All uses of land and buildings not permitted in other zoning districts, so long as the highest attainable standards of health, safety, morals and general welfare are observed and, furthermore, all activities are carried out in strict accordance with any existing or new laws of the Township, county or state.
(2) 
Cellular communications towers (§ 150-22F).
[Added 12-2-1997 by Ord. No. 10-97]
(3) 
Industrial activities normally considered "heavy" but which meet the specifications of the performance standards of this chapter.
(4) 
Planned industrial projects.
(5) 
Roadside stands (§ 150-29C).
(6) 
Specialized animal raising and care (§§ 150-29B and 150-9).
(7) 
Tractor trailer storage units (§§ 150-50 and 150-9).
C. 
Conditional uses (Article IX). Conditional uses shall be as follows:
(1) 
Auto salvage, junkyards and similar storage areas (§ 150-28).
(2) 
Disposal and injection wells (§ 150-47).
(3) 
Sanitary landfills (§ 150-38).
(4) 
Temporary structures (§§ 150-23 and 150-9).
(5) 
Communications towers subject to the standards for communications towers, and their accompanying communications equipment buildings, shall be a conditional use as set forth in § 150-14 in the Agricultural District and in § 150-19 in the Industrial District.
[Added 5-1-2001 by Ord. No. 3-01]
(6) 
Drilling operations (oil and gas) (§ 150-32).
[Added 7-5-2011 by Ord. No. 1-11]
(7) 
Natural gas processing plants (§ 150-32).
[Added 7-5-2011 by Ord. No. 1-11]
(8) 
Natural gas compressor stations (§ 150-32).
[Added 7-5-2011 by Ord. No. 1-11]
(9) 
Medical marijuana grower/processor.
[Added 6-6-2017 by Ord. No. 2-17]

§ 150-20 F-P Floodplain District (overlays other districts).

The purpose of this district is to provide for the protection of life and property in the recognized one-hundred-year floodplain of the Township, as is identified in the Flood Insurance Study and mappings prepared for the Township by the Federal Insurance Administration, dated April 3, 1981. The Floodplain District as mapped generally on the Zoning District Map[1] and specifically within the Flood Insurance Study shall be considered an overlay to the Zoning District Map of the Township and, as such, the basic regulations and use restrictions within the F-P District are those of the A-1, R-1, R-2, R-3, C-1 and I-1 Districts where the floodplain may traverse. In addition to the standards provided within the respective zoning districts that the floodplain may traverse, the standards and provisions of Chapter 69, Floodplain Management, must also be met.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.

§ 150-21 CD-1 Conservation Design Overlay District.

[Added 7-2-2002 by Ord. No. 3-02[1]]
A. 
Purposes. The intent of this district is to provide for conservation design development within the A-1, R-1 and R-2 Districts.
(1) 
In conformance with the state enabling legislation, the purposes of this section are as follows:
(a) 
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(b) 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(c) 
To reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes;
(d) 
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences so that the community's population diversity may be maintained;
(e) 
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Township's Comprehensive Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
(f) 
To implement adopted land use, transportation, and community policies, as identified in the Township's Comprehensive Plan;
(g) 
To protect areas of the Township with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;
(h) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(i) 
To provide for the conservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents;
(j) 
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls);
(k) 
To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and
(l) 
To conserve scenic views and elements of the Township's rural character and to minimize perceived density by minimizing views of new development from existing roads.
(2) 
In order to achieve these purposes, § 150-21 provides for flexibility in designing new residential subdivisions by allowing four forms of by-right development referred to as "options," as summarized below:
(a) 
Option 1: Neutral Density and Basic Conservation, providing for residential uses at the density permitted by the underlying zoning. Greenway lands comprise approximately half the tract. The flexibly designed layouts work well with either individual wells and septic systems located in the open space or with central wells and sewage treatment facilities.
(b) 
Option 2: Enhanced Density with Greater Conservation, providing for higher density residential uses and a larger percentage (60% or more) of greenway land in more flexibly designed layouts, with other improvements serving the community such as central wells and sewage treatment facilities.
(c) 
Option 3: Estate Lots, providing for rural-suburban residential uses at lower densities in conventional layouts of standard house lots, where homes and streets are located carefully to minimize impacts on resource lands.
(d) 
Option 4: Country Properties, providing for very low densities appropriate to rural situations, with flexible and reduced design standards in instances where a permanent conservation easement is offered to maintain such uses.
(3) 
Section 150-21.E sets forth the development densities and required greenway land percentages.
B. 
Applicability. The optional Conservation Design (CD-1) Overlay District shall apply to all lands within the A-1, R-1 and R-2 Districts. In the case of a conflict with underlying regulations, the more restrictive regulations shall apply.
C. 
General regulations. The design of all new subdivisions in the optional Conservation Design (CD-1) Overlay District shall be governed by the following minimum standards:
(1) 
Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(2) 
Site suitability. As evidenced by the existing resources and site analysis plan, the preliminary plan, and the detailed final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration. See Chapter 119, Subdivision and Land Development.
(3) 
Combining the design options. The various layout and density options described herein may be combined at the discretion of the Township Council, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular the stated purposes of § 150-21A, as compared with applying a single option to the property.
(4) 
Intersections and access. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 15 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.
(5) 
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Lands within the one-hundred-year floodplain, wetlands, slopes in excess of 25%, and rock outcroppings constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and the detailed final plan.
(6) 
Water disposal systems. Sewage collection and disposal shall be provided in accordance with § 119-30 of Chapter 119 of the Code, the Subdivision and Land Development Ordinance.
D. 
Use regulations. Land in the optional Conservation Design (CD-1) Overlay District may be used for the following purposes:
(1) 
Single-family detached dwellings. Single-family detached dwellings in Options 1, 2, 3, and 4 subdivisions:
(a) 
On tracts of six acres or more, single-family detached dwellings are permitted under the standards found in §§ 150-21E and 150-21F herein.
(b) 
On tracts of less than six acres, existing on the effective date of this section, single-family detached dwellings are permitted under the standards for Options 1 and 2 found in §§ 150-21E and 150-21F, and conventional 60,000 square foot lots with no required greenway land, as formerly permitted throughout the district under the prior Zoning Ordinance.
(2) 
Multiple-household residential buildings. Residential buildings for two, three and four households in Option 1, 2, 3, and 4 subdivisions in accordance with §§ 150-22 and 150-44.
(3) 
Greenway land. Greenway land comprising a portion of residential development, as specified above, and according to requirements of § 150-21G.
(4) 
Nonresidential uses. The following nonresidential uses in accordance with the standards of § 150-21I:
(a) 
Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and buildings related to the same.
(b) 
Woodlots, arboreta, and other similar silvicultural uses.
(c) 
Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.
(d) 
Municipal or public uses; public park or recreation area owned and operated by a public or private nonprofit agency; governmental or public utility building or use; not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, private or municipal sanitary landfills.
(5) 
Accessory uses. Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use.
(a) 
Accessory dwelling units (including elder cottages and tenant houses) proposed in Option 4 subdivisions (country properties) are subject to the following provisions:
[1] 
Accessory dwelling units in principal residences or in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses) shall be designed to harmonize with vernacular rural buildings in the Township's historic landscape.
[2] 
There shall be a maximum of one accessory dwelling unit (ADU) on any legal building lot in an Option 4 subdivision, and a maximum of two accessory dwelling units (ADU's) on any legal building lot containing 10 or more acres in an Option 4 subdivision, provided all performance standards of this section are met.
[3] 
The gross floor area in the first ADU shall not exceed 900 square feet. In the second ADU, where permitted, the maximum area shall be 750 square feet. However, on lots exceeding 15 acres, the second ADU may take the form of a tenant house containing up to 2,000 square feet of floor space. Under this section, existing historic accessory buildings more than 75 years old that exceed these floorspace limits may be permitted by the Board to be used as ADU's without having to meet the dimensional setback requirements of this section.
[4] 
Building permits for ADU's shall not be issued until the applicant demonstrates to the Board that a restrictive easement has been placed on the subject property prohibiting future enlargement of the ADU's or the creation of additional ADU's beyond the limits described above. Issuance of permits for ADU's shall be contingent upon Erie County Health Department approval for any on-site septic sewage disposal systems needed.
E. 
Dimensional standards and density determination.
(1) 
Dimensional standards for Option 1: Neutral Density and Basic Conservation.
(a) 
Density factor: One dwelling unit per 80,000 square feet as determined through the adjusted tract area approach or yield plan described in § 150-21E(3), herein. This is "density-neutral" with the preexisting zoning provisions for this district.
(b) 
Minimum required greenway land.
[1] 
The subdivision must include at least 50% of the adjusted tract area, plus all of the constrained land calculated in § 150-21E(3)(a) below, as greenway land. Greenway land shall not be used for residential lots, except as provided below.
[2] 
Large conservancy lots of at least 10 acres, conforming to the standards for Option 4 subdivisions found in § 150-21E(5), and owned by individuals may occupy up to 80% of the greenway land, with the remainder (not less than 20%) deeded to a homeowners' association, land trust, or the Township. However, the greenway land within each conservancy lot remains subject to the standards for greenway land in § 150-21G, herein.
(c) 
Average minimum lot area: 15,000 square feet, on average. Up to 20% of the lots may be reduced to a minimum of 10,000 square feet.
(NOTE: The typical lot area is likely to be much closer to 40,000 square feet because applicants can use this lot size and still meet the fifty-percent-minimum conservation land requirement.)
(d) 
Minimum lot width at building line: 80 feet.
(e) 
Minimum street frontage: 20 feet.
(f) 
Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
[1] 
Front: 20 feet.
[2] 
Rear: 40 feet.
[3] 
Side: 30 feet separation for principal buildings, with no side yard less than five feet.
(g) 
Maximum impervious coverage: 25% limit on each lot.
(h) 
Maximum height regulations: 35 feet.
(2) 
Dimensional standards for Option 2: Enhanced Density with Greater Conservation.
(a) 
Density factor: One dwelling unit per 60,000 square feet as determined through the adjusted tract area approach or yield plan described in § 150-21E(3), herein.
(b) 
Minimum required greenway land.
[1] 
The subdivision must include at least 60% of the adjusted tract area, plus all of the constrained land calculated in § 150-21E(3)(a) below, as greenway land. Greenway land shall not be used for residential lots, except as provided below.
[2] 
Large conservancy lots of at least 10 acres, conforming to the standards for Option 4 subdivisions found in § 150-21E(5), and owned by individuals may occupy up to 80% of the greenway land, with the remainder (not less than 20%) deeded to a homeowners' association, land trust, or the Township. However, the greenway land within each conservancy lot remains subject to the standards for greenway land in § 150-21G, herein.
(c) 
Average minimum lot area: 10,000 square feet, on average. Up to 20% of the lots may be reduced to a minimum of 7,500 square feet.
(NOTE: The typical lot area is likely to be closer to 24,000 square feet because applicants can use this lot size and still meet the minimum sixty-percent greenway land requirement.)
(d) 
Minimum lot width at building line: 80 feet.
(e) 
Minimum street frontage: 20 feet.
(f) 
Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
[1] 
Front: 20 feet minimum.
[2] 
Rear: 40 feet minimum.
[3] 
Side: twenty-five-foot separation for principal buildings, with no side yard less than five feet.
(g) 
Maximum impervious coverage: 30% limit on each lot.
(h) 
Maximum height regulations: 35 feet.
(3) 
Dimensional standards for Option 3 subdivisions: Estate Lots.
(a) 
Maximum density: one dwelling unit per four acres, adjusted tract area.
(b) 
Minimum lot area: one acre. All lots created under Option 3 that are less than four acres shall be permanently restricted through a conservation easement from the development of more than one dwelling.
(c) 
Minimum street frontage: 150 feet.
(d) 
Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
[1] 
Front: 150 feet from the right-of-way of existing municipal roads, but 40 feet from the right-of-way of new subdivision streets, country lanes, or common driveways (where applicable).
[2] 
Rear: 50 feet minimum for principal buildings and 10 feet for accessory buildings (except that accessory buildings with a ground floor area exceeding 500 square feet shall conform to the setback requirements for principal structures).
[3] 
Side: 50 feet.
(e) 
Maximum impervious coverage: 4% limit on entire subdivision tract.
(f) 
Maximum height regulations: 35 feet.
(4) 
Density determination for Option 1, 2, and 3 subdivisions. Applicants for Option 1 and 2 subdivisions shall have the choice of the adjusted tract area approach or the yield plan approach for determining the maximum permitted residential building density on their properties. Applicants for Option 3 subdivisions shall use the adjusted tract area approach.
(a) 
Adjusted tract area approach. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site. The adjusted tract area equals the gross tract area minus the constrained land (described below).
[1] 
Constrained land equals the sum of the following:
[a] 
All land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines;
[b] 
All land under existing private streets;
[c] 
Wetlands: multiply the acreage of designated wetlands and soils classified as "very poorly drained" by a sensitivity deduction factor of 0.80;
[d] 
Floodway: multiply the acreage within the floodway by a sensitivity deduction factor of 1.0;
[e] 
Floodplains: multiply the acreage within the one-hundred-year floodplain (excluding floodways and wetlands) by a sensitivity deduction factor of 0.50;
[f] 
Steep slopes: multiply the acreage of land with natural ground slopes exceeding 25% by a sensitivity deduction factor of 0.80;
[g] 
Extensive rock outcroppings: multiply the total area of rock outcrops, boulder fields, and soils with bedrock at the surface more than 1,000 square feet by a sensitivity deduction factor of 0.80; and,
[h] 
Moderately steep slopes: multiply the acreage of land with natural ground slopes of between 15% and 25% by a sensitivity deduction factor of 0.60.
[2] 
If a portion of the tract is underlain by more than one natural feature subject to a sensitivity deduction factor, that acreage shall be subject to the most restrictive (highest) sensitivity deduction factor.
[3] 
Since acreage that is contained within the public or private rights-of-way, access easements, or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.
[4] 
Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor. [See § 119-26.2B(1) of the Subdivision and Land Development Chapter for a hypothetical example.]
(b) 
Yield plan approach (Options 1 and 2 only). As an alternative to the adjusted tract approach described above, the applicant may choose to use the yield plan approach to determine the maximum number of permitted dwellings. The yield plan approach assures that the number of dwellings permitted using conservation design principles is the same number as would be otherwise permitted using conventional subdivision layout. yield plans shall meet the following requirements:
[1] 
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision Ordinance, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
[2] 
Yield plans should also reflect the dimensional standards for eighty-thousand-square-foot lots, when Option 1 is chosen, and sixty-thousand-square-foot lots when Option 2 is chosen, found in § 150-21E(3)(b)[4] below. The yield plan must identify the site's primary and secondary resources, as identified in the existing resources and site analysis plan, and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance by allocating this area to proposed single-family dwelling lots which conform to the density factor of the chosen option.
[3] 
Yield plans shall account for limitations on the number of dwellings due to unsuitable soils where on-lot sewage disposal systems are proposed. The applicant shall provide evidence in the form of Sewage Enforcement Officer reports of the maximum number of permitted on-lot sewage disposal systems possible using a conventional subdivision design approach. The number of permitted dwelling units on the yield plan shall not exceed the number of on-lot disposal sites listed on the Sewage Enforcement Officer's reports. On sites not served by central sewage disposal facilities, density shall be further determined by evaluating the number of homes that could be supported by individual septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Township Council shall select a ten-percent sample of the lots considered to be marginal for on-lot sewage disposal. The applicant is required to provide evidence that these lots meet the standards for an individual septic system. If so, the applicant shall be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual septic system, those lots shall be deducted from the yield plan and a second ten-percent sample shall be selected by the Township Planning Commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual septic system.
[4] 
Yield plan dimensional standards. The following dimensional standards shall be used in the development of yield plans for Option 1 and 2 subdivisions. These minimum area dimensions are exclusive of all wetlands, slopes greater than 25%, and land under high-tension electrical transmission lines (69kV or greater). No more than 25% of the minimum required lot area may consist of land within the one-hundred-year floodplain, and then only if it is free of wetlands.
Standard
Option 1
Option 2
Minimum lot area
80,000 square feet
60,000 square feet
Minimum street frontage
250 feet
60 feet
Front yard setback
80 feet
60 feet
Rear yard setback
60 feet
40 feet, with both side yards totaling 100 feet
Side yard setback
60 feet
40 feet, with both side yards totaling 100 feet
(5) 
Dimensional standards for Option 4 subdivisions: Country Properties.
(a) 
Maximum density: one dwelling unit per 10 acres (gross).
(b) 
Minimum lot area: 10 acres. The lot shapes shall not be irregular, except as allowed for flag lots, and shall not have a lot depth-width ratio exceeding 5:1 unless such lots are deed restricted from the development of more than one dwelling. The minimum lot size may be reduced to one contiguous acre in subdivisions of two or more principal dwelling units, provided that all remaining land (a minimum of nine acres per principal dwelling) is permanently protected from future development through a conservation easement.
(c) 
Minimum lot width at building line: 200 feet.
(d) 
Yard regulations.
[1] 
Front: 150 feet from the right-of-way of existing municipal roads, but 40 feet from the right-of-way of new subdivision streets, country lanes, or common driveways (where applicable).
[2] 
Rear: 50 feet minimum for principal buildings and 10 feet for accessory buildings (except that accessory buildings with a ground floor area exceeding 500 square feet shall conform to the setback requirements for principal structures).
[3] 
Side: 25 feet.
(e) 
Maximum impervious coverage: 4% limit on entire subdivision tract.
(f) 
Maximum height regulations: 35 feet.
F. 
Design standards for Option 1 and 2 subdivisions.
(1) 
House lots shall not encroach upon primary conservation areas as identified in § 119-14.1 of the Subdivision Ordinance, and their layout shall respect secondary conservation areas as described in both the Zoning Ordinance and in the Subdivision Ordinance.
(2) 
All new dwellings shall meet the following setback requirements:
(a) 
From all external road ultimate right-of-way: 100 feet.
(b) 
From all other tract boundaries: 50 feet.
(c) 
From cropland or pastureland: 100 feet.
(d) 
From buildings or barnyards housing livestock: 300 feet.
(e) 
From active recreation areas such as courts or playing fields (not including preschool play areas): 150 feet.
(3) 
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Subdivision and Land Development Ordinance.
(4) 
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
(5) 
At least 3/4 of the lots shall directly abut or face greenway land across a street.
(6) 
Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the greenway land created under this article are contained in §§ 150-21G through 150-21J of this section.
G. 
Greenway land use and design standards. Protected greenway land in all subdivisions shall meet the following standards:
(1) 
Uses permitted on greenway lands. The following uses are permitted in greenway land areas:
(a) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);
(b) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors. [See also § 150-21D(4)(a)]
(c) 
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required greenway land.
(d) 
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry.
(e) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board.
(f) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.
(g) 
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required greenway land but shall not include driving ranges or miniature golf.
(h) 
Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway.
(i) 
Easements for drainage, access, sewer or water lines, or other public purposes;
(j) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
(2) 
Greenway design standards.
(a) 
Greenway lands shall be laid out in general accordance with the Township's Comprehensive Plan and by each developer to ensure that an interconnected network of open space will be provided. The required greenway land consists of a mixture of primary conservation areas (PCA's), all of which must be included, and secondary conservation areas (SCA's). PCA's are comprised of floodplains, wetlands, and slopes over 25%. SCA's should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in §§ 119-26.1 through 119-26.5 (greenway design review standards) in the Subdivision Ordinance.
(b) 
In Option 1 and 2 subdivisions, the greenway land comprises a minimum of 50% and 60% of the adjusted tract area, respectively. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township or by a private individual (typically as part of the original farmhouse). However, in no case shall less than 30% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
(c) 
In Option 3 subdivisions, the required greenway land comprises all of the PCA's within the total tract and may lie within the estate lots. However, because the minimum lot size is one acre, up to 80% of the secondary conservation land may be included within undivided open space, if the developer so chooses.
(d) 
Greenway lands in Option 4 developments may be contained within the country property lots, or up to 80% may be set aside as undivided land with common rights of usage among the subdivision residents.
(e) 
Up to 5% of the total tract acreage in any of the options may be subject to the Township's public land dedication requirement (typically to provide potential connections with the municipal long-range trail network). Also, see § 119-26.4.
(f) 
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Township Council may require vegetative screening to be planted or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
(3) 
Other requirements.
(a) 
No portion of any building lot may be used for meeting the minimum required greenway land, except as permitted within country properties. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
(b) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with § 150-21D herein, shall be provided to greenway land in accordance with the following requirements:
[1] 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.
[2] 
Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
H. 
Permanent greenway protection through conservation easements.
(1) 
In Option 1, 2, and 3 subdivisions. In Option 1, 2, and 3 subdivisions, the greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Township Council. A list of permitted and conditional uses of greenway lands is contained in this article in §§ 150-21D and 150-21G.
(2) 
In Option 4 subdivisions (country properties). In Option 4 subdivisions (country properties) where applicants voluntarily opt to develop their properties at densities conforming with Option 4 standards (minimum 10 acres per principal dwelling) and offer to place a restrictive conservation easement preventing future subdivision of the newly created parcels, the Township Council shall review and approve the proposed easements provided their wording accomplishes the purposes of this section and is consistent with the comprehensive plan.
I. 
Discretionary density bonuses. Additional density may be allowed by the Township Council when one of the following public benefits is proposed:
(1) 
Public usage of greenway land.
(a) 
The Township Council may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards: A density bonus for public usage of greenway land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of greenway land or per 2,500 feet of trail that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate greenway land to public usage within a proposed subdivision shall be at the discretion of the Township Council, which shall be guided by the recommendation contained in the comprehensive plan to acquire, preserve, and protect as much of the natural areas of the Township as possible.
(2) 
Endowment for greenway maintenance.
(a) 
When greenway land is to be donated to a land trust or to the Township, the Township Council may allow up to a ten-percent density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the greenway land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. An agency, firm, or organization with experience in managing conservation land and recreational facilities shall prepare such estimate for the Council.
(b) 
Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the greenway maintenance endowment fund for the greenway lands within the subdivision. The developer shall transfer this fund to the designated entity with ownership and maintenance responsibilities at the time this entity is created.
(c) 
When estimating the projected maintenance costs of the greenway land, greenway land that is not accessible by the subdivision residents for their common enjoyment need not be included in the calculations. Such lands would typically include areas designated on the final plan for conservancy lots or as land reserved for future agricultural, horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
(3) 
Provision of affordable housing. A density increase is permitted where the subdivision proposal provides on-site or off-site housing opportunities for low- or moderate-income families. When off-site housing provision is proposed, the Township Council shall require evidence that these units will in fact be constructed by a certain date. The amount of density increase shall be based on the following standard: For each affordable housing unit provided under this section, one additional building lot or dwelling unit shall be permitted, up to a maximum 15% increase in dwelling units. "Affordable housing" is herein defined as units sold or rented to families earning up to 120% of the area median income, adjusted for family size, as determined by the United States Department of Housing and Urban Development.
(4) 
Implementation. For each of the above categories of public purposes, density bonuses may be implemented by reducing the amount of required greenway land by up to 10%, reducing the minimum lot area requirements by up to 10%, or by a combination of these approaches, at the discretion of the Township Council. The cumulative reductions may total up to 30% if the Board is satisfied that the public purposes are being served.
J. 
Ownership and maintenance of greenway land and common facilities.
(1) 
Development restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 150-21.
(2) 
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(a) 
Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:
[1] 
There is no cost of acquisition to the Township; and,
[2] 
The Township agrees to and has access to maintain such facilities.
(b) 
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as common element.
(c) 
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
[1] 
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
[2] 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
[3] 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
[4] 
The association shall be responsible for maintenance and insurance of common facilities;
[5] 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues with accrued interest shall be paid before the lien may be lifted;
[6] 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Township no less than 30 days prior to such event; and
[7] 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d) 
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the county, provided that:
[1] 
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
[2] 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Erie County becomes unwilling or unable to continue carrying out its functions;
[3] 
The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
[4] 
A maintenance agreement acceptable to the Township is established between the owner and the organization or Erie County.
(e) 
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the Township holds the easements. In addition, the following regulations shall apply:
[1] 
There shall be no cost of acquisition to the Township;
[2] 
Any such easements for public use shall be accessible to the residents of the Township; and
[3] 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(f) 
Noncommon private ownership. Up to 80% of the required greenway land may be included within one or more large conservancy lots of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 150-21G, and that the Township is given the ability to enforce these restrictions.
(3) 
Maintenance.
(a) 
Unless otherwise agreed to by the Township Council, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b) 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements.
[1] 
The plan shall define ownership;
[2] 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
[3] 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
[4] 
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and,
[5] 
Any changes to the maintenance plan shall be approved by the Township Council.
(c) 
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may, at its complete discretion, assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(d) 
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Erie County.
K. 
Community wastewater systems: preferred alternative types. The preferred types of sewage collection and disposal shall be provided in accordance with § 199-30 of Chapter 119 of the Code, the Subdivision and Land Development Ordinance. The preferred types of wastewater treatment systems shall be based upon the Township's acceptance of a Pennsylvania Department of Environmental Protection preferred method of treatment and the recommendation of the Township Engineer. Applicants for new development proposals involving community sewage treatment systems shall be required to demonstrate to the Township Council that they cannot utilize preferred types of wastewater treatment before they may be permitted to utilize a less-preferred alternative.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 150-21 and 150-22 as §§ 150-22 and 150-22.1, respectively.

§ 150-22 Charts.

[Amended 7-2-2002 by Ord. No. 3-02]
The Lot Area and Size, Height and Yard Requirements Chart is located at the end of this chapter.