West Cocalico Township
City Zoning Code
City Zoning Code
PART 21
GENERAL REGULATIONS
§ 27-2101 General Intent and Application.
[Ord. 116, 9/7/2011, § 2100]
Unless otherwise stated, the regulations and restrictions established in this Part are intended to apply to all districts in West Cocalico Township.
§ 27-2102 Height.
[Ord. 116, 9/7/2011, § 2101]
1.
Height Limit Exception. The height limitations contained in the district regulation do not apply to spires, belfries, cupolas, antennas, commercial communication antennas, water tanks, ventilators, chimneys, silos, barns, or other appurtenances usually required to be placed about the roof level and not intended for human occupancy.
2.
Height and Open Space. In any district, any principal building may be erected to a height in excess of that specified for the district provided that the required footage for the front, side, and rear yard is increased one foot for each one foot of additional height, up to a maximum of 45 feet in height.
§ 27-2103 Yards.
[Ord. 116, 9/7/2011, § 2102]
1.
Permanence of Yards and Other Open Spaces. Space applied or necessary under this chapter to satisfy the yard and area requirements in relation to any building, whether now or substantially built, shall not be counted as part of a required yard or of the required area in relation to any other building.
2.
Accessory Building. Accessory buildings may not occupy more than 25% of the rear yard.
§ 27-2104 Erection of More Than One Principal Nonresidential Structure on a Lot.
[Ord. 116, 9/7/2011, § 2103]
1.
In any district, more than one structure having permitted or permissible principal, nonresidential uses, except as provided herein Subsection 2 below, may be erected on a single lot in accordance with the following requirements:
A.
The minimum lot area required for lots which have more than one principal use shall be calculated by adding the minimum lot areas required for each use as though each use were located on a separate lot.
B.
Each structure housing a principal use shall meet all area and setback requirements of this chapter as if each were on a separate lot. The applicant for such principal use shall present a plan which shall demonstrate that each proposed principal use meets all requirements of the zoning district in which the use is located, except as such requirements may be modified by this section.
C.
When a second or subsequent principal building is constructed upon on a lot, such building shall be located in such a manner so that the lot may be subdivided in the future without such principal buildings being in conflict with the requirements of this chapter. The applicant shall obtain land development approval prior to obtaining a zoning permit for the erection of such second or subsequent principal building.
D.
An applicant may, by special exception, establish a second or subsequent principal use in buildings existing on a lot on the effective date of this chapter and must comply with area/use requirements. Such use shall restrict subdivision unless lot meets all requirements of this chapter, the West Cocalico Township Subdivision, Land Development, and Stormwater Management Ordinance [Chapter 22], and all other applicable ordinances, and is subject to the following:
(1)
The size or configuration of the existing structures makes a single use of the structures impractical.
(2)
The principal uses proposed for the lot are compatible with each other and are permitted in the district in which the lot is located.
(3)
The establishment of the proposed uses will not be detrimental to the surrounding neighborhood.
(4)
The establishment of the proposed uses will not prevent future subdivision or reuse of the lot.
2.
Principal agricultural buildings shall be exempt from the provisions of this section.
§ 27-2105 (Reserved for Future Use)
[Ord. 116, 9/7/2011, § 2104]
This section shall be reserved for future use.
§ 27-2106 Vision Obstruction.
[Ord. 116, 9/7/2011, § 2105]
On any corner lot, no wall, fence, or other structure shall be erected or altered, and no hedge, tree, shrub, crops, or other growth shall be maintained which may cause danger to vehicles or pedestrians on a public road by obscuring the view. The area to be kept free of encroachment shall form a triangle with a line of sight between points measuring 100 feet from the centerline intersection of the adjacent streets.
§ 27-2107 Lots and Structures to Have Access.
[Ord. 116, 9/7/2011, § 2106; amended by Ord. No. 141, 5/21/2018]
Each lot to be created and each principal structure erected or moved shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 22, Subdivision, Land Development and Stormwater Management.
§ 27-2108 Forestry.
[Ord. 116, 9/7/2011, § 2107]
1.
Forestry shall be permitted by right within any zoning district herein, subject to the requirements of the underlying zone, any other applicable Sections of this chapter and as follows:
2.
Forestry activities on any lot of record, with or without improvements, and with an area in excess of a one acre shall require a permit that shall be obtained from the Zoning Officer.
3.
Forestry activities shall be conducted in accordance with an erosion and sedimentation pollution control plan that is consistent with current acceptable practices to control runoff, erosion, stream siltation and soil stabilization.
4.
The erosion and sedimentation pollution control plan shall be submitted to the Lancaster County Conservation District for their review and approval prior to initiating any earth moving or timber harvesting activities.
5.
The erosion and sedimentation pollution control plan, along with evidence of the review and approval of same by the Lancaster County Conservation District, shall be submitted to the Township prior to initiating any earth moving or timber harvesting activities.
6.
All roads and trails developed as part of any forestry activity shall be mud and dust stabilized when within 100 feet of any lot or street line.
7.
Clear-Cutting. No clear-cutting shall be done within 50 feet of a wetland or stream or watercourse.
§ 27-2109 Recycling Collection Facilities.
[Ord. 116, 9/7/2011, § 2108]
Existing commercial facilities which sell products containing recyclable materials such as aluminum, glass, and plastics may establish as an accessory use a recycling collection facility, with a capacity not to exceed 40 cubic yards or one roll off bin, for those materials. All collected materials shall be stored in wholly-enclosed facilities, and the area shall be kept free of litter and debris. Odors shall not be perceptible at the property line. The collection facilities shall be designed and located so that the removal of collected materials does not interfere with normal traffic flows into, out of, and through the commercial facility. Parking shall be provided in accordance with the requirements of Part 18.
§ 27-2110 Cluster Development Provisions.
[Ord. 116, 9/7/2011, § 2109]
1.
Cluster development regulations allow for the reduction in lot area and other bulk requirements so that dwellings may be grouped in certain areas of the development, while the remainder of the site is set aside as common open space. Although the intensity of development is increased in certain specific areas of the development, the overall gross density of the development is equal to that which is permitted by the prevailing zoning district.
2.
Cluster development is encouraged by the Township and is permitted by special exception in the RR and VR Residential Districts in order to promote the efficient use of undeveloped land while preserving and using restricted open space lands for recreational and aesthetic purposes.
3.
In addition to conforming to the provisions of this chapter, the cluster development proposal shall also be processed under the applicable provisions of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22] and shall adhere to all requirements thereof. Where there exists a conflict between the requirements therein and this section, the more stringent of the requirement shall prevail. Because of the nature of cluster developments, applicants are strongly encouraged to submit plans for a pre-application review prior to the submission of any formal zoning or subdivision or land development application.
A.
Permitted Uses. Cluster housing developments may consist of any residential use permitted in the respective RR and VR Residential Districts.
B.
Density and Lot Requirements.
(1)
Minimum Development Size. The minimum area for a cluster development shall be 10 acres. The tract of land to be developed shall be in one ownership or, if in multiple ownership, shall be developed according to a single plan with common authority and responsibility. The applicant is strongly encouraged to submit a sketch plan to the West Cocalico Township Planning Commission and to discuss community development, open space and resource conservation objectives with the Planning Commission prior to the preparation of a preliminary plan.
(2)
Density. The overall density of a cluster development shall not be greater than the density of conventional development in the underlying zoning district. If the proposed development is to be constructed in phases, no phase shall be developed at densities greater than permitted in the prevailing zoning district. To determine the permitted density, the number of units of each proposed dwelling type shall be multiplied by the minimum lot area for each dwelling type in the underlying district.
(3)
Density Bonus. If the proposed common restricted open space area in a cluster development proposal exceeds the required minimum area requirements as stated in Paragraph C of this subsection, one additional dwelling unit may be provided for each acre of restricted open space provided in excess of the minimum required.
(4)
All dwelling units shall be served by public water and sewer facilities.
(5)
A mix of dwelling unit types is required within the VR District to promote a balanced cluster development. The following standards shall be used to achieve this mix within the VR District:
Number of Dwelling Unit Types | Maximum Percent Any One Type | Minimum Percent Any One Type |
|---|---|---|
2 | 60% | 40% |
3 | 40% | 20% |
4 or more | 40% | 5% |
(6)
Lot and Yard Requirements. Specific lot and yard requirements may be reduced in accordance with the following chart:
Dwelling Type | Minimum Area | Minimum Width at Street Line | Minimum Width at Setback Line | Minimum Depth | Minimum Side Yard Depth | Minimum Rear Yard Depth |
|---|---|---|---|---|---|---|
RR - RESIDENTIAL DISTRICT | ||||||
Single-family detached | 10,000 square feet | 55 feet | 85 feet | 100 feet | 10 feet | 25 feet |
VR - RESIDENTIAL DISTRICT | ||||||
Single-family detached | 6,000 square feet | 35 feet | 50 feet | 85 feet | 8 feet | 25 feet |
Two-family detached (duplex) | 3,500 square feet | 35 feet | 60 feet | 85 feet | 8 feet | 25 feet |
Single-family semi-detached | 3,500 square feet | 25 feet | 30 feet | 85 feet | 8 feet | 25 feet |
Single-family Attached (Townhouse) | 2,000 square feet | 16 feet | 20 feet | 80 feet | 8 feet | 25 feet |
Multi-family and apartment | 2,000 square feet | 55 feet | 70 feet | 100 feet | 20 feet | 35 feet |
(7)
The minimum front yard requirement shall be that distance established in Part 18 of this chapter between the right-of-way line of a public or private road and the building line.
(8)
Accessory structures shall be set back at least five feet from any property line and shall be permitted only in rear yards.
(9)
All proposed dwelling units in a cluster development shall be situated so that they are set back a minimum distance from the pre-development perimeter boundary of the tract equal to the applicable minimum yard dimension under the base zoning district provisions. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement except that additions to such existing structures shall not further reduce required setbacks.
(10)
The maximum length of any residential building, including rows of single-family attached dwellings or buildings containing multiple family dwellings, shall not exceed 160 feet.
(11)
The maximum building heights for principal and accessory structures shall be the same as stated in the base zoning district.
(12)
The maximum lot coverage (including all impervious surfaces) for all building lots shall be 20% greater than the base zoning district according to the dwelling type. The maximum lot coverage for all restricted open space parcels shall be 30%.
(13)
No dwelling units within the cluster development shall have direct driveway access to surrounding existing Township or State roads. All driveways shall access internal street systems as designed for the project.
C.
Common Restricted Open Space Requirements.
(1)
The minimum area required for common restricted open space land shall be 50% of the gross acreage of the tract in the RR - Residential District, and 30% in the VR - Residential District. In no case shall any lands offered to meet the minimum restricted open space requirements which are unusable because of inaccessibility, excessive smallness or narrowness, or other factors rendering such lands unacceptable for building, be proposed to satisfy the minimum restricted open space area requirement. Any land offered to meet the minimum restricted open space area requirements shall meet the minimum lot requirements for single-family detached dwellings as provided in this section for the district in which the land is located. The requirement of this section shall be in addition to: (a) any land required to be dedicated as restricted open space by the West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22], or any other applicable ordinance or resolution; and, (b) the greenways requirements set forth below.
(2)
A minimum of 30% of the common restricted open space in the RR - Residential District shall be concentrated and used for active recreation within the site, and a minimum of 60% of the common restricted open space within the VR - Residential Districts shall be concentrated and used for active recreation. Active recreation shall include any activity that requires some physical exertion on the part of the participant. Active recreation shall include, but not be limited to, basketball, volleyball, tennis, soccer, football, baseball, swimming, tot lots, jogging trails, bicycle paths, and playgrounds. This land shall be relatively flat, dry ground not exceeding the average percent of slope of the development and be suitable to the intended purpose.
(3)
Common restricted open space shall be suitably improved for its intended use; however, natural features such as woodland, steep slopes, rock outcrops, wetlands, and similar areas worthy of preservation shall remain in a natural state. All such features shall be shown on the plan and shall be preserved and incorporated into the common open space.
(4)
In addition to the significant natural features, land in common restricted open space may contain land surrounding historically significant structures and sites, archaeological sites, and land suitable for recreational uses.
(5)
Recreation areas within the common restricted open space are intended to serve all residents in a residential cluster development. Recreation areas shall be connected by greenways, sidewalks, or similar linkages. Restricted open space shall be accessible to all residents without the necessity to travel on street cartways (except where necessary to cross streets) or upon private property.
(6)
Greenways shall be established around and adjacent to housing clusters. These greenways may include bikeways, pedestrian paths, and other forms of linkages. All pedestrian ways within common restricted open space areas shall be adequately lighted. Greenways shall be so designed as to be adjacent to as many lots as possible, while connecting the major recreation areas within a cluster development. The requirements of this provision shall be in addition to the restricted open space requirements set forth above.
(7)
Wetlands shall not be part of any calculated minimum open space. In addition, no more than 25% of the minimum restricted open space shall consist of floodplains or steep slopes as defined by this chapter.
(8)
No more than 25% of any restricted open space shall consist of any stormwater management facility, detention and/or retention basin.
(9)
Standards for Ownership of Restricted Open Space. Except to provide for permitted restricted open space uses, designated restricted open space shall be restricted from further subdivision and land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Lancaster County. Subject to such permanent restrictions, restricted open space land in any cluster development may be owned by a homeowners association, the Township, a land trust or other conservation organization recognized by the Township, or may remain in private ownership.
(a)
Offer of Dedication. The Township may, but shall not be required, to accept dedication in the form of fee simple ownership of restricted open space land provided:
1)
Such land is accessible to the residents of the Township.
2)
There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance and recording fees.
3)
The Township agrees to and has access to maintain such lands.
4)
Where the Township accepts dedication of restricted open space land that contains improvements, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements, as well as, the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
(b)
Homeowners Association. The restricted open space land and associated facilities may be held in common ownership by a homeowners association through the use of a declaration and other documents approved by the Board of Supervisors. Such documents shall be in conformance with the Uniform Planned Community Act of 1996, as amended. The association shall be formed and operated under the following provisions.
1)
The developer shall provide a description of the association including its bylaws and methods for maintaining the open space.
2)
The association shall be organized by the developer and shall be operated with financial subsidization by the developer before the sale of any lots within the development.
3)
Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from the developer to the homeowners shall be identified.
4)
The association shall be responsible for maintenance and insurance on common restricted open space land, enforceable by liens placed by the homeowners association. Maintenance obligations also may be enforced by the Township that may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the restricted open space to collect unpaid taxes.
5)
The members of the association shall share equitably the costs of maintaining and developing such common land. Shares shall be defined within the association bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).
6)
In the event of a proposed transfer, within the methods here permitted, of common restricted open space land by the homeowners association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development.
7)
The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the common restricted open space land.
8)
The homeowners association may lease restricted open space lands to any other qualified person, or corporation, for operation and maintenance of such lands, but such a lease agreement shall provide:
a)
The residents of the development shall at all times have access to the restricted open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow).
b)
The common restricted open space land to be leased shall be maintained for the purposes set forth in this chapter.
c)
The operation of restricted open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners association, as the case may be.
9)
The lease shall be subject to the approval of the Board and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Lancaster County within 30 days of their execution and a copy of the recorded lease shall be filed with the Township Zoning Officer.
10)
Homeowners association documentation demonstrating compliance with the provisions herein shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft homeowners association documentation with sufficient detail to demonstrate feasible compliance with this section.
(c)
Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium, declaration and other documents, approved by the Board of Supervisors. Such documents shall be in conformance with the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq., as amended. All common restricted open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions set forth above for homeowners associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
(d)
Dedication of Easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of restricted open space land. The title of such land shall remain in common ownership by a condominium or homeowners association, provided:
(e)
Transfer of Easements to a Private Conservation Organization. With the permission of the Township, an owner may transfer easements to a private, nonprofit, organization recognized by the Township, among whose purpose it is to conserve open space and/or natural resources; provided, that:
1)
The organization is acceptable to the Board of Supervisors, and is a bona fide conservation organization with perpetual existence.
2)
The conveyance contains appropriate provision for proper reverter or transfer in the event that organization becomes unwilling or unable to continue carrying out its functions.
3)
A maintenance agreement acceptable to the Board of Supervisors is entered into by the developer and the organization.
(f)
Private Ownership of Restricted Open Space.
1)
Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
2)
All or portions of the designated restricted open space, where permitted by the Board of Supervisors, may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.
(10)
Required Restricted Open Space Management Plan.
(a)
All cluster development plans shall be accompanied by a conceptual plan for the long-term management of the restricted open space that is to be created as part of the development. Such plan shall include a discussion of 1) the manner in which the restricted open space will be owned and by whom it will be managed and maintained; 2) the conservation, land management and agricultural techniques and practices which will be used to conserve plan(s) approved by the Lancaster County Conservation District where applicable; 3) the professional and personnel resources that will be necessary in order to maintain and manage the property; 4) the nature of public or private access that is planned for the restricted open space; and 5) the source of money that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the restricted open space resource protection objectives stated in this section shall be factors in the approval or denial of the cluster development plan by the Zoning Hearing Board.
(b)
The conceptual management plan shall be transformed into a more detailed restricted open space management plan and presented to the Township for review and approval with the preliminary subdivision and land development plan. The Board of Supervisors may require that the management plan be recorded, with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Lancaster County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors, so long as the proposed change is feasible and consistent with the purposes of preservation of restricted open space set forth in this section and so long as the plan for such change avoids a likelihood of the obligation of management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors. The Board's approval of such application shall not be unreasonably withheld or delayed.
(c)
Restricted Open Space Performance Bond.
1)
All landscape improvements, plantings, access points, and recreational facilities within designated restricted open space areas shall be provided by the developer as applicable. A performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under Part 5 of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].
2)
An appropriate portion of the performance bond or other security will be applied by the Township should the developer fail to install the planting or recreational facilities.
D.
Supplemental Requirements.
(1)
Within any cluster development, two off-street parking spaces per dwelling unit shall be provided.
(a)
Cluster developments with single-family attached dwellings or multi-family dwellings shall include adequate parking for visitors. Such visitor parking areas shall provide a minimum of one parking space per two dwellings or fraction thereof.
(b)
Where adjacent curb cuts accessing separate residential properties are separated by less than 25 feet, one additional off-street parking space shall be provided on each property which abuts the curb cut or in an off-street common parking area.
(c)
Some of this additional parking may be provided within separate parking areas. Any separate parking areas shall be located within 200 feet of the housing clusters intended to be served by this parking.
(d)
The developer shall provide one off-street parking space for each two acres of open space, which parking spaces shall be adjacent to the restricted open space area to which they are associated.
(e)
Any parking related to a recreation area within a cluster development may be located within the common open space.
(f)
Off-street parking shall also be provided adjacent to active recreation areas with the number of spaces being subject to the approval by the Zoning Hearing Board and based upon the character and intensity of the active recreation use.
(2)
The applicant shall provide a landscape plan of the development and the restricted open space which shall include, but not be limited to, street plantings, parking lot landscaping, and screening, where appropriate. Said plan shall be sealed by a landscape architect licensed to practice in the Commonwealth of Pennsylvania and shall follow the below listed criteria:
(a)
Yard Groundcover. Any part of the site which is not used for agricultural operations, buildings, other structures, parking areas or aisles, sidewalks, designated storage areas, and any natural area acceptable as restricted open space shall be planted with an all-season groundcover approved by the Zoning Hearing Board (i.e., grass, ivy, vetch, pachysandra, etc). Said groundcover shall be maintained to provide an attractive appearance, and all non-surviving plants shall be replaced promptly.
(b)
Landscaping Materials. Landscaping materials shall include, but not be limited to, a combination of deciduous trees, groundcovers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees, and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be native vegetative in composition.
(c)
Street and Lot Plantings. Street trees shall be provided in accordance with the requirements of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22]. In addition, one tree per lot shall be provided for each single-family detached, duplex, and semi-detached lot in a cluster development. Evergreen plantings may be utilized as lot plantings and shall have a minimum planted height of six feet.
(d)
Screening Requirements. All single-family detached areas shall be protected with screening from any permitted more dense clustering, and all residential uses shall be screened from adjacent parking compounds and active recreation areas. The location of screening shall be subject to the approval of the Zoning Hearing Board. Materials which may be used for screening purposes include native evergreens (trees, hedges, or shrubs), walls, fences, earth berms, or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass, woven chain link, or sheet metal. Screening shall be arranged to block the ground level views between grade and the height of six feet. Landscape screens shall achieve this visual blockage within two years following installation.
(e)
Selection of Plant Materials. Trees and shrubs shall be typical of their species and variety, have normal growth habits, well-developed branches, and be densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project. Any tree or shrub which dies within 18 months of planting shall be replaced. No less than 80% of the required landscape area shall be native vegetative in composition.
§ 27-2111 Landscaping and Screening.
[Ord. 116, 9/7/2011, § 2110]
1.
Landscaping.
A.
Any part or portion of a non-agricultural site where landscaping is required and which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with landscaping.
B.
Except for agricultural uses and single-family detached, single-family semi-detached, two-family detached dwellings and two-family semi-detached dwellings, any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan prepared and approved as part of a subdivision or land development plan required by the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].
2.
Planting Strip. All commercial, industrial and nonresidential uses, but excluding agricultural uses, shall be separated from all side and rear property lines and all street right-of-way lines by a planting strip. The planting strip may be included in the required yard space and shall be based on the following criteria:
A.
The planting strip shall be a minimum of 15 feet wide, measured from the property line or street right-of-way line.
B.
Said planting strip shall be planted in grass, shrubbery, trees, or other plant material, but in no case shall these areas be paved or covered by an impervious surface.
C.
Said planting strip shall only be broken by approved entrances or exits.
D.
Accessory buildings or structure shall be permitted within a planting strip provided they conform to the specific zoning district requirements of this chapter.
3.
Screening.
A.
Screening requirements shall be applicable under the following circumstances:
(1)
Where a proposed commercial, industrial, or institutional use abuts an existing residential use or residential district.
(2)
Where any proposed multi-family residential use abuts an existing single-family detached, single-family semi-detached, two-family detached or two-family semi-detached dwelling.
(3)
Any other instance where screening is required by this chapter or by the Township.
B.
Screening shall comply with the following requirements:
(1)
Trees and shrubs used for screening shall consist of at least 75% native evergreen trees and shrubs and shall be so arranged as to provide an immediate visual screen of 50%.
(2)
Plant materials used in the screen planting shall be at least six feet in height when planted and be of a species which will produce a complete visual screen of at least eight feet in height at maturity.
(3)
All trees shall have a minimum trunk diameter of 2 1/2 inches at a height of six inches above finished grade.
(4)
No plantings shall be placed with their center closer than five feet from the property line of the tract.
(5)
All existing trees within the required planting strip above three inches in caliper and/or eight feet in height shall be preserved wherever possible.
(6)
When additional height is deemed necessary, an additional row of native deciduous trees with calipers of not less than 2 1/2 inches shall be planted within the screening area at intervals of not more than 40 feet on center.
(7)
Vegetative screening shall incorporate earthen mounds or berms, wherever possible, to improve sound as well as visual buffering, and shall only be broken at points of vehicular or pedestrian access.
(8)
Screening design, including the type of plant materials used, spacing of plant materials, and the use and location of earthen berms, shall be subject to review and approval by the Township.
(9)
Vegetative screens shall be perpetually maintained during the period the principal use causing the need for screening is in operation. Any plant material which does not survive shall be replaced within six months.
(10)
Walls, ornamental structures, fences and berms, or a combination of these, not less than five feet in height may be used in combination with appropriate plant material subject to the specific land use areas involved and as approved by the Township.
(11)
Innovative means of screening are encouraged; however, as a guideline to quantity of materials required, there shall be a minimum of one tree for each 12 lineal feet of property line.
(12)
Screening shall be designed so as to not obstruct the clear-sight triangles at driveway, access drive, or street intersections.
C.
Exceptions. No screening along a rear property line is required when the rear property line abuts a public alley.
4.
Off-Street Parking Areas. Except as modified elsewhere in this chapter, the following shall apply to the landscaping and screening of off-street parking areas:
A.
Any off-street parking lot perpendicular to and within 100 feet of a public street or intersection shall be screened with a hedge, berm or other measure to prevent distraction or confusion from parking car's headlights.
B.
No parking lot shall be located closer to side or rear of any nonresidential or non-agricultural building than 10 feet to allow adequate room for landscaping.
C.
No more than 25 parking spaces shall be placed in a continuous row without an intervening planting island of at least 10 feet in width and the length of the parking stall.
D.
A minimum of 10% of any parking lot facility over 2,000 square feet in gross area (measured from the outside edge of paving to outside edge of paving), including aisles, but not including access drives with no parking providing access to parking lots, shall be devoted to landscaping. This landscaping shall include a minimum of one tree per 20 parking spaces and all planting beds within a parking lot shall be surfaced in lawn or ground cover planting. Landscaping that is situated along the perimeter of the parking area and areas surrounding buildings shall not be included in calculations demonstrating compliance with interior landscaping requirements.
E.
For any land use where the total number of parking spaces exceeds 100 stalls, the parking area shall be divided by continuous islands perpendicular to the spaces every 130 feet (130 feet assumes four rows of parking at twenty-foot length and two aisles at twenty-five-foot width). These divider islands shall be a minimum of 10 feet wide.
F.
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residential district, the said parking lot shall be screened from such adjoining lot by a wall, fence, or hedge. Such screening shall be not less than three nor more than eight feet in height.
G.
Whenever a parking area of over five spaces is located across the street from other land in any residential district, it shall be screened from the view of such land by a hedge, wall, or fence located along a line drawn parallel to the street and a distance of 20 feet there from; such screening to be interrupted only at points of ingress and egress. Such screening shall be not less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.
5.
Service, Loading and Trash Disposal Areas.
A.
All service, delivery, loading areas shall be screened from all residential districts, adjoining residential uses, public streets, adjoining parking lots and all pedestrian walkways.
B.
All outdoor storage and trash disposal areas shall be screened from all residential districts, adjoining residential uses, public streets, parking lots and all pedestrian walkways.
C.
All mechanical equipment not enclosed in a structure shall be fully and completely screened in a matter compatible with the architectural and landscaping style of the remainder of the lot.
D.
These areas shall be totally screened from the above-listed places by the use of fences, walls, berms, evergreen plant material, or a combination of these, not less than six feet in height.
§ 27-2112 Municipal Uses.
[Added by Ord. No. 141, 5/21/2018]
Notwithstanding any other provision of this chapter, as of the effective date of this section, municipal uses shall be permitted as of right within all zoning districts. Municipal uses shall be exempted from minimum lot areas, minimum lot width, minimum lot depth, yard, impervious surface area, off-street parking and all other requirements of this chapter.
§ 27-2113 Deer (Cervid) Farming Regulations.
[Added by Ord. No. 141, 5/21/2018]
1.
Purpose. Chronic wasting disease presents a significant risk to both wild and raised deer and cervidae livestock (deer, elk, moose, reindeer, caribou, and the hybrids of such animals). Chronic wasting disease has been discovered within the Township. The Board of Supervisors desires to address this issue.
2.
All properties on which deer or any other cervid is maintained shall maintain such animals in an enclosure surrounded by two perimeter fences which shall be at least four feet and not more than eight feet apart. Such fences shall be constructed of such material, strength and design to contain the animals within the enclosure, to prevent transmission of disease by contact between the captive animals and wild cervids; and to prevent wild cervids from entering the enclosure. Each fence shall have a minimum height of eight feet. Such fencing shall be installed within 90 days after the effective date of this section.
3.
The landowner shall follow all applicable nutrient management regulations and shall have a conservation plan. The conservation plan shall be prepared by a certified individual and shall be submitted to the Township.
4.
The landowner shall maintain the enclosure for the deer or other cervid in a nonerodable condition.
5.
The landowner shall keep all captive animals free from parasites, sickness or disease. If sick, the animals shall be given professional medical attention or be humanely destroyed and, where required, tested for chronic wasting disease.