West Hanover Township
City Zoning Code
City Zoning Code
ARTICLE 2
Zoning Districts
§ 195-201 Establishment.
The following zoning districts are hereby established in the Township.
Base Zoning Districts | Special Overlay Districts |
|---|---|
Conservation District (C) | Floodplain Overlay District (FPO) |
Rural Agriculture District (RA) | Riparian Buffer Overlay Zoning District |
Rural Residential District (RR) | |
Low Density Residential District (R-1) | |
Medium Density Residential District (R-2) | |
Suburban Residential District (R-3) | |
Neighborhood Mixed-Use District (NMU) | |
Commercial Mixed-Use District (CMU) | |
Commercial Highway District (CH) | |
Interchange District (I) | |
Light Industrial-Commercial District (LIC) | |
Industrial Enterprise District (IE) |
§ 195-202 Zoning Map.
The zoning districts established by § 195-201 are delineated on the Township's official Zoning Map, which is adopted and incorporated herein in its entirety as part of this chapter.[1]
A.
Promptly following enactment of this chapter, the Zoning Officer shall place the following legend on the official Zoning Map adopted as part of this chapter, the Township Board of Supervisors Chairperson shall execute the same on behalf of the Board of Supervisors and the Township Secretary shall attest to the same: "On <DATE>, by official action of Township Board of Supervisors, the map bearing this legend was adopted as the official Zoning Map of the Township by enactment of the Zoning Ordinance of West Hanover Township, Dauphin County, Pennsylvania."
B.
No changes of any nature shall be made in the official Zoning Map except in conformity with the procedures set forth in § 195-117, Amendments, of this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.
C.
A certified Zoning Map shall be filed with the Township Secretary, Township Planning Commission, and the Dauphin County Planning Commission.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 195-203 Rules for interpretation of boundaries.
Where uncertainty exists as to the boundaries of zoning districts as shown on the official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways, and alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following the center of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
C.
Boundaries indicated as approximately following property lines or platted lot lines shall be construed as following such lines.
D.
Boundaries indicated as approximately following Township limits shall be construed as following Township limits.
E.
Boundaries that are in unsubdivided property or where a zoning district boundary divides a lot shall be determined using the map scale as shown thereon.
§ 195-204 Conservation (C) District.
A.
Purpose. The Conservation (C) District is established to protect West Hanover's environmental sensitive areas. The application of this district is to lands identified in the Township's Comprehensive Plan and Natural Resources Inventory as having severe limitations based on their physiographic, geologic, hydrologic, soil, and vegetative characteristics. The district is intended to support policies established in the Comprehensive Plan for lands to be preserved for conservation by discouraging urban land uses and development in these areas and maintaining open areas and low-intensity land uses. This district identifies these sensitive lands and distinguishes them from other areas in the Township which are identified in the Comprehensive Plan as appropriate for urban land uses. The provisions of this district have been specifically formulated to satisfy Section 604.(1) of the Pennsylvania Municipalities Planning Code, which requires local zoning ordinances to "promote, protect and facilitate the preservation of the natural, and historic values in the environment and preservation of forests."[1]
[1]
Editor's Note: See 53 P.S. § 10604(1).
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.01 specifies the district's building form regulations.
(2)
Figure 2.01, Conservation
C
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 10% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 200 feet minimum at front setback | |
5. | Lot area | 5 acres |
D.
Setbacks: principal building.
1. | Front setback principal | 50 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 40 feet minimum |  | |
4. | Rear setback | 50 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 50 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum |  | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses maybe permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental Regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-205 Rural Agriculture (RA) District.
A.
Purpose. The Rural Agriculture (RA) District is to protect and preserve land with productive soils which are suitable for farming and for the conservation of natural open space resources which are considered highly desirable in West Hanover Township. The keeping of livestock, poultry and domestic pets is consistent with the rural aspect of the district, as long as the needs and welfare of the animals are maintained. The application of this district shall be for undeveloped lands and existing agricultural properties within West Hanover, with the intent of protecting the environment, agricultural viability, small farm preservation, and the deteriorating effects to the Township's rural character from sprawling rural development and urban encroachment.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.02 specifies the district's building form regulations.
(2)
Figure 2.02, Rural Agricultural
RA
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 20% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 200 feet minimum at front setback | |
5. | Lot area | 2 acres |
D.
Setbacks: principal building.
1. | Front setback principal | 40 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 20 feet minimum |  | |
4. | Rear setback | 50 feet minimum | ||
E.
Setbacks: accessory building.
1. | Front setback | 35 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
NOTE: Standards in bold above are illustrated in the graphics on the right.
D.
Pennsylvania Right to Farm Law notice. All lands within the Agricultural District are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of Pennsylvania Act 133 of 1982,[1] the "Right to Farm Law," may bar them from obtaining a legal judgement against such normal agricultural operations. From the effective date of this chapter, all subsequent subdivision plans submitted with this zone shall require a note which duplicates this article, and which shall be transferred to the purchaser by the seller.
[1]
Editor's Note: See 3 P.S. § 954.
§ 195-206 Rural Residential (RR) District.
A.
Purpose. The Rural Residential (RR) District is established to provide areas for rural residential development that do not impact agricultural lands or create further sprawling patterns of development. The district is located adjacent to areas of existing residential development as identified in the Comprehensive Plan. Further residential development is encouraged for these areas. Single lot or minor subdivisions of low density are anticipated in these areas due to the limited availability of community facilities. The RR District area is adjacent to the agricultural district; however, agricultural uses are not encouraged because this district is comprised primarily of small lots. The regulations for this district are designed to protect and stabilize these essential development characteristics and promote and encourage quality rural development.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.03 specifies the district's building form regulations.
(2)
Figure 2.03, Rural Residential
RR
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration  |
2. | Accessory building | 20 feet maximum | |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 20% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 150 feet minimum at front setback | |
5. | Lot area | 1 acre |
D.
Setbacks: principal building.
1. | Front setback principal | 35 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 15 feet minimum | | |
4. | Rear setback | 50 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 35 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-207 Low-Density Residential (R-1) District.
A.
Purpose. The Low-Density Residential (R-1) District provides areas for low-density residential development. The district is located within growth areas as defined in the Township's Comprehensive Plan, and areas planned for public sewage as identified in West Hanover Township's Sewage Facilities Plan (hereinafter "Sewage Plan"). Single lot developments or subdivisions of low density are anticipated in these areas due to the future availability of community facilities. The regulations for this district are designed to protect and maintain these essential development characteristics and promote and encourage quality residential development in keeping with the Township's design standards.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.04 specifies the district's building form regulations.
(2)
Figure 2.04, Low-Density Residential
R-1
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration  |
2. | Accessory building | 20 feet maximum | |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration | |
2. | Impervious coverage | 35% maximum | ||
3. | Accessory building coverage | 10% maximum of net lot area | | |
4. | Lot width | 100 feet minimum at front setback | ||
5. | Lot area. Except as modified by the open space requirements of § 195-420, the minimum lot area is as follows: | |||
a. | With public sewer | 1/2 acre | ||
b. | Without public sewer | 1 acre | ||
6. | Maximum density | 2 dwelling units per acre | ||
D.
Setbacks: principal building.
1. | Front setback principal | 30 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 15 feet minimum | | |
4. | Rear setback | 35 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 30 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | Front separation | 30 feet minimum | Principal Buildings Separation | |
2. | Side separation | 25 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Rear separation | 70 feet minimum |  | |
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-208 Medium-Density Residential (R-2) District.
[Amended 5-15-2025 by Ord. No. 2025-04]
A.
Purpose. The Medium-Density Residential (R-2) District provides areas for medium-density residential development. The district is located within growth areas as defined in the Township's Comprehensive Plan and areas planned for public sewage as identified in the Township's Sewage Plan. Due to existing development conditions, character, and the availability of community facilities in the R-2 District, uniform residential development types similar to the existing development are anticipated and encouraged. The regulations for this district are designed to protect and maintain present single-family detached development characteristics and ensure high-quality future residential development in keeping with the Township's design standards.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.05 specifies the district's building form regulations.
(2)
Figure 2.05, Medium-Density Residential
R-2
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration | |
2. | Impervious coverage | 50% maximum | ||
3. | Accessory building coverage | 10% maximum of net lot area | | |
4. | Accessory building gross floor area | 10% of the net lot area | ||
5. | Lot width | 80 feet minimum at front setback | ||
6. | Lot area. Except as modified by the open space requirements of § 195-420, the minimum lot area is as follows: | |||
a. | With public sewer | 15,000 square feet | ||
b. | Without public sewer | 1 acre | ||
7. | Maximum density | 3 dwelling units per acre | ||
D.
Setbacks: principal building.
1. | Front setback principal | 30 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 10 feet minimum | | |
4. | Rear setback | 35 feet minimum | | |
E.
Setbacks: accessory building.
1. | Front setback | 30 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum | | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | Front separation | 30 feet minimum | Principal Buildings Separation | |
2. | Side separation | 20 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Rear separation | 60 feet minimum | | |
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-209 Suburban Residential (R-3) District.
[Amended 5-15-2025 by Ord. No. 2025-04]
A.
Purpose. The Suburban Residential (R-3) District provides areas for medium- and high-density residential development. The district is located within growth areas as defined in the Township's Comprehensive Plan and areas planned for public sewage as identified in the Township's Sewage Plan. Due to the availability of community facilities in the R-3 District, housing variety, quality design and sound construction are anticipated and encouraged. It is anticipated that development projects in the R-3 District shall be based on performance standards that preserve existing natural features and vegetation and promote excellence in site planning and landscape design. The regulations for this district are designed to protect and maintain present suburban characteristics and ensure high-quality future residential development in keeping with the Township's design standards.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.06 specifies the district's building form regulations.
(2)
Figure 2.06, Suburban Residential
R-3
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration | |
2. | Impervious coverage | 60% maximum | ||
3. | Accessory building coverage | 10% maximum of net lot area | ||
4. | Accessory building gross floor area | 10% of the net lot area | | |
5. | Lot width | 20 feet minimum at front setback | ||
6. | Lot area. Except as modified by the open space requirements of § 195-420, the minimum lot area is as follows: | |||
a. | Single-family detached | 10,000 square feet | ||
b. | Single-family semidetached | 8,000 square feet | ||
c. | Townhouse | 2,000 square feet per unit | ||
d. | Multifamily | 2,000 square feet per unit | ||
7. | Maximum density | 4.5 dwelling units per acre | ||
D.
Setbacks: principal building.
1. | Front setback principal | 25 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | 20 feet minimum | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 10 feet minimum; 0 feet permitted for attached dwellings |  | |
4. | Rear setback | 30 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 25 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | Front separation | 25 feet minimum | Principal Buildings Separation | |
2. | Side separation | 20 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Rear separation | 50 feet minimum | | |
 | ||||
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-210 Neighborhood Mixed-Use (NMU) District.
A.
Purpose. The Neighborhood Mixed-Use (NMU) District is a small-scale zone intended to encourage low-impact, mixed-use development compatible with medium-density residential areas connecting to the Jonestown Road corridor. The zone permits a mix of residential uses supported by neighborhood-scaled commercial uses having limited impacts on surrounding residential areas. Buildings in this zone shall generally be up to three stories tall. Development is intended to be pedestrian-oriented and compatible with the scale and characteristics of adjacent residentially zoned areas or low-rise commercial areas.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.07 specifies the district's building form regulations.
(2)
Figure 2.07, Neighborhood Mixed-Use
NMU
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 35 feet maximum | Building Height and Configuration | |
a. | Single use | 1 story minimum |  | |
b. | Mixed use building | 2 stories minimum | ||
2. | Accessory building | 20 feet maximum | ||
3. | Accessory barn | 35 feet maximum | ||
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 75% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 20 feet minimum at front setback | |
5. | Lot area | None | |
6. | Maximum density | 8 dwelling units per acre |
D.
Setbacks: principal building.
1. | Front setback principal | 20 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 10 feet minimum; 0 feet minimum for attached buildings |   | |
4. | Rear setback | 15 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 20 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | The building separation standards in this district only apply to separate buildings that only contain one of the types of dwelling under the residential and lodging uses of Article 3. | Principal Buildings Separation | ||
2. | Front separation | 25 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Side separation | 20 feet minimum | | |
4. | Rear separation | 50 feet minimum |  | |
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-211 Commercial Mixed-Use (CMU) District.
A.
Purpose. The Commercial Mixed-Use (CMU) Zone is a medium-scale zone intended for development along the State Route 39 corridor connecting Interstate 81 in West Hanover Township with U.S. Route 422 in Hershey in Derry Township. The zone allows a wide range and mix of commercial and residential uses, as well as employment uses that have limited off-site impacts. Buildings in this zone shall generally be up to four stories tall or district provisions specify other height limits. Development is intended to be pedestrian-oriented, provide a strong relationship between buildings and sidewalks, and complement the scale of surrounding residentially zoned areas.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.08 specifies the district's building form regulations.
(2)
Figure 2.08, Commercial Mixed-Use
CMU
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 45 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 75% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 20 feet minimum at front setback | |
5. | Lot area | None | |
6. | Maximum density | 15 dwelling units per acre |
D.
Setbacks: principal building.
1. | Front setback principal | 10 feet minimum | Setbacks: Principal Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 10 feet minimum; 0 feet minimum for attached buildings | | |
4. | Rear setback | 15 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 20 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses and structures permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | The building separation standards in this district only apply to separate buildings that only contain one of the types of dwelling under the residential and lodging uses of Article 3. | Principal Buildings Separation | ||
2. | Front separation | 25 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Side separation | 20 feet minimum | | |
4. | Rear separation | 50 feet minimum |  | |
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-212 Commercial Highway (CH) District.
A.
Purpose. The Commercial Highway (CH) District provides suitable development opportunities for highway-oriented commercial activities. The district is located within growth areas as defined in the Township's Comprehensive Plan and areas planned for public sewage as identified in West Hanover Township's Sewage Plan. Due to the availability of community facilities in the CH District, a variety of commercial development types are anticipated and encouraged to service local residents and the transient public. As recommended in the Township's Comprehensive Plan, highway commercial development with environmentally sensitive site and highway access design is anticipated and encouraged. The regulations for this district are intended to promote high-quality development projects in keeping with the Township design standards.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.09 specifies the district's building form regulations.
(2)
Figure 2.09, Commercial Highway
CH
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 45 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 75% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 50 feet minimum at front setback | |
5. | Lot area | None |
D.
Setbacks: principal building.
1. | Front setback principal | 20 feet minimum | Setbacks: Principal Buildings | |
2. | Secondary street front setback | 25 feet minimum | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: |
3. | Side setback | 10 feet minimum |  | |
4. | Rear setback | 15 feet minimum |  | |
E.
Setbacks: accessory building.
1. | Front setback | 20 feet minimum | Setbacks: Accessory Buildings | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | Front separation | 20 feet minimum | Principal Buildings Separation | |
2. | Side separation | 10 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Rear separation | 15 feet minimum | | |
 | ||||
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-213 Interchange (I) District.
A.
Purpose. The Interchange (I) District provides suitable development opportunities for activities which service the needs of interstate highway automobile and truck traffic at the interchange area. The district is located within growth areas as defined in the Township's Comprehensive Plan and areas planned for public sewage as identified in Township's Sewage Plan. Due to the availability of community facilities in the I District; a limited variety of high-intensity commercial developments are anticipated to service the transient public. Interchange commercial development with environmentally sensitive site and highway access design is anticipated and encouraged. The regulations for this district are designed to promote high-quality development projects in keeping with the Township's design standards.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.10 specifies the district's building form regulations.
(2)
Figure 2.10, Interchange
I
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 45 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 75% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 50 feet minimum at front setback | |
5. | Lot area | None |
D.
Setbacks: principal building.
1. | Front setback principal | 50 feet minimum | Setbacks: Principal Buildings | ||
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: | |
3. | Side setback | 10 feet minimum | | ||
4. | Rear setback | 15 feet minimum |  | Residential Compatibility Setbacks (D5 and D6) | |
5. | Side setback residential compatibility | 50 feet minimum |  | ||
6. | Rear setback residential compatibility | 50 feet minimum | |||
E.
Setbacks: accessory building.
1. | Front setback | 50 feet minimum | Setbacks: Accessory Buildings | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
Principal buildings separation.
1. | Front separation | 20 feet minimum | Principal Buildings Separation | |
2. | Side separation | 10 feet minimum | • | When multiple principal buildings are located on a single lot, the building faces must be distanced from each other as specified in Table G and as shown: |
3. | Rear separation | 15 feet minimum | | |
 | ||||
H.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-214 Light Industrial-Commercial (LIC) District.
A.
Purpose. The Light Industrial-Commercial (LIC) District is intended to:
(1)
Accommodate the location of modern, well-planned destination business uses, as well as compatible light industrial uses and industrial-related business uses;
(2)
Reserve areas of the Township where light industrial, industrial-related businesses uses can locate with limited impact on traffic circulation patterns and the community character of residential neighborhoods; and
(3)
Foster creative design of sites for development of these uses to enhance the character of the development in which they are located.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.11 specifies the district's building form regulations.
(2)
Figure 2.11, Light Industrial-Commercial
LIC
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 55 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 75% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 75 feet minimum at front setback | |
5. | Lot area | None |
D.
Setbacks: principal building.
1. | Front setback principal | 50 feet minimum | Setbacks: Principal Building | ||
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: | |
3. | Side setback | 15 feet minimum | | ||
4. | Rear setback | 15 feet minimum | | Residential Compatibility Setbacks (D5 and D6) | |
5. | Side setback residential compatibility | 50 feet minimum |  | ||
6. | Rear setback residential compatibility | 50 feet minimum | |||
E.
Setbacks: accessory building.
1. | Front setback | 50 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-215 Industrial Enterprise (IE) District.
A.
Purpose. The Industrial Enterprise (IE) District provides suitable development opportunities for assembling, fabrication, processing, production, distribution, manufacturing, and warehousing activities. It is intended to maximize industrial potential while ensuring compatibility with surrounding zoning districts. The IE District is located within growth areas as defined in the Township's Comprehensive Plan and areas planned for public sewage as identified in Township's Sewage Plan. Due to the future availability of community facilities in the IE District, a limited variety of high-intensity industrial development types is anticipated. Industrial-related development with highway access design is anticipated and encouraged. The regulations for this district are intended to promote high-quality development projects in keeping with the Township's design and performance standards.
B.
Use regulations.
(1)
Permitted uses and use regulations are specified in Article 3, Zoning Uses.
(2)
All uses permitted within this district shall also comply with the supplemental regulations contained in Article 4 of this chapter.
C.
Building form regulations.
(1)
Figure 2.12 specifies the district's building form regulations.
(2)
Figure 2.12, Industrial Enterprise
IE
.A.
Use. (See Table 3.01.)
B.
Building height.
1. | Principal building | 55 feet maximum | Building Height and Configuration |
2. | Accessory building | 20 feet maximum |  |
3. | Accessory barn | 35 feet maximum |
C.
Lot configuration.
1. | Building separation | 10 feet minimum | Building Height and Configuration |
2. | Impervious coverage | 75% maximum | |
3. | Accessory building coverage | 10% maximum of net lot area | |
4. | Lot width | 100 feet minimum at front setback | |
5. | Lot area | None |
D.
Setbacks: principal building.
1. | Front setback principal | 50 feet minimum | Setbacks: Principal Building | ||
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of principal buildings must be distanced from the lot lines as specified in Table D and as shown: | |
3. | Side setback | 15 feet minimum | | ||
4. | Rear setback | 15 feet minimum | | Residential Compatibility Setbacks (D5 and D6) | |
5. | Side setback residential compatibility | 50 feet minimum |  | ||
6. | Rear setback residential compatibility | 50 feet minimum | |||
E.
Setbacks: accessory building.
1. | Front setback | 50 feet minimum | Setbacks: Accessory Building | |
2. | Secondary street front setback | Secondary frontage qualifies as a front | • | The building faces of any accessory building must be distanced from the lot lines as specified in Table E and as shown: |
3. | Side setback | 5 feet minimum | | |
4. | Rear setback | 5 feet minimum |  | |
5. | Rear street setback | Secondary frontage qualifies as a front | ||
6. | Certain accessory structures and uses may be permitted within the required setbacks as identified in § 195-404 of this chapter. | |||
F.
Supplemental regulations.
1. | All uses permitted within this district must also comply with the supplemental regulations contained in Article 4 of this chapter. |
G.
NOTE: Standards in bold above are illustrated in the graphics on the right.
§ 195-216 Floodplain Overlay (FPO) District.
A.
Purpose. The purpose of the Floodplain Overlay (FPO) District is to:
(1)
Regulate the permitted use of flood-prone areas.
(2)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(3)
In the event any provisions concerning a floodplain district are declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
(4)
Require the utilization of appropriate construction practices and design standards in order to prevent or minimize flood damage in the future.
(5)
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise use and development of property in areas subject to flooding.
B.
Authority. Sections 604 and 605 of the MPC and the Pennsylvania Flood Plain Management Act (Act 166-1978)[1] grant municipalities the authority to identify flood-prone areas subject to periodic flooding and regulate with specific control the permitted use, type of construction and height of floor levels above base flood elevation permitted in the area to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm- or floodwaters.
[1]
Editor's Note: See 53 P.S. § 10604 and 53 P.S. § 10605 and 32 P.S. § 679.101 et seq., respectively.
C.
Applicability. Except as modified by the FPO, the provisions of the applicable base zoning district(s) shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable FPO regulations shall prevail. Whenever the FPO District is established, any subsequent application to change the base zoning district shall not be construed to be an application to eliminate the FPO District for the property covered by the application. An intent to eliminate the FPO district on a given property shall be expressly stated to be part of the application.
D.
Floodplain Management Ordinance. Chapter 108, Floodplain Management, of the Code of the Township of West Hanover establishes the requirements for floodplain management, including general provisions, interpretations and definitions, establishes floodplain areas, boundary disputes, alterations, criteria for building and site plan approval, administration, appeals and penalties, government actions, and municipal liability.
E.
Boundaries of district.
(1)
To the extent the Zoning Map and Chapter 108, Floodplain Management, of the Code of the Township of West Hanover identify areas prone to or otherwise at risk of flood, including without limitation by reference to a Flood Insurance Rate Map or FEMA Flood Insurance Study, such areas shall be deemed identified as flood-prone areas for purposes of this chapter and included within the FPO District.
(2)
Boundaries indicated as approximately following the center lines of street or alley rights-of-way shall be construed to follow such center lines;
(3)
Boundaries indicated as parallel to, or extensions of features indicated in the above shall be so construed; and
(4)
Where physical or cultural features existing on the ground are different from those shown on the Flood Insurance Rate Map, or in other circumstances not covered by the above, the Zoning Officer shall interpret the FPO District boundaries.
F.
Interpretation of ordinance provisions. In interpreting the language of the Floodplain Overlay District and the extent of underlying zoning district regulation upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to the Township's interpretation of the applicability of the Floodplain Overlay Zoning District shall be appealed in accordance with the requirements outlined § 195-113, Appeals and boundary interpretation and appeals procedure, of this chapter and Article IX, Zoning Hearing Board and Other Administrative Proceedings, of the MPC.
§ 195-217 Riparian Buffer Overlay (RPO) District.
A.
Purpose. Under the authority of the MPC, as amended, other commonwealth and federal statutes, and in recognition of the fact that natural features contribute to the quality of life in the Township, the following riparian buffer regulations are enacted to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors by establishing a designated Riparian Buffer Overlay Zoning District.
B.
The Riparian Buffer Overlay Zoning District shall apply to all properties or any other improvements that require subdivision or land development plan submission if they are within or touch the Riparian Buffer Overlay Zoning District within West Hanover Township.
C.
Any required riparian buffer preservation and maintenance shall remain the sole responsibility of each individual property owner or as otherwise stipulated by the West Hanover Township Stormwater Management Ordinance, Chapter 168 of the Code of the Township of West Hanover.
D.
In addition, the specific purposes and intent of this section are to:
(1)
Conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, prime wildlife habitats).
(2)
Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the region's benefit.
(3)
Reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by stabilizing. Further, to minimize concentrated flows through the use of level spreaders and/or similar stormwater management devices used to disburse concentrated flow uniformly over the ground as sheet flow.
(4)
Improve and maintain the safety, reliability, and adequacy of the Township's water supply for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic plants and animals.
(5)
Regulate the land use, siting, and engineering of development to be consistent with the intent and objectives of this section and accepted conservation practices, as well assure that the impacts of such development remain within the carrying capacity of existing natural resources.
(6)
Assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically erosion control, of the Pennsylvania Clean Streams Law, Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157 P.L.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Dauphin County Conservation District.
E.
Definition; establishment; width determination; applicability; and interpretation.
(1)
Definition. The Riparian Buffer Overlay is a zoning district consisting of areas surrounding swales, creeks, streams, water bodies, intermittent watercourses and delineated wetlands as well as those encountered during subdivision and land development. These areas intercept surface water runoff, subsurface flow, and deep groundwater flows from upland sources and remove or buffer the impact of nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters.
(2)
Establishment. The establishment of a Riparian Buffer Overlay Zoning District applies to the following areas which are identified on the officially adopted Zoning Map of West Hanover Township:
(a)
Lands adjacent to streams within West Hanover Township.
(b)
Lands adjacent to intermittent watercourses within West Hanover Township.
(c)
Lands, water bodies and wetlands as regulated by state and/or federal designation.
(d)
Similar land and/or water to those outlined above as encountered during the process of subdivision and land development within West Hanover Township.
(3)
Width determination.
(a)
Except as required by Chapter 102 of the Pennsylvania State Code, the Riparian Buffer Overlay shall be measured to be the greater of the limit of the 100-year floodplain or a minimum of 35 feet from the top of the streambank (on each side). Where the edge of waterway of an intermittent watercourse cannot be determined, the width of the Riparian Buffer Overlay Zoning District shall be measured beginning from the center line of the channel. Where a defined bed and bank exist, the edge shall be established based on bank full flow.
(b)
Where slopes of 25% or greater are located within the Riparian Buffer Overlay area defined in Subsection E(3)(a), this buffer area shall extend the entire distance of the steep sloped area, not to exceed 100 feet past the nearest point of the Riparian Buffer Overlay area defined in Subsection E(3)(a). The sloped area shall be measured where there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 25%.
(c)
The Riparian Buffer Overlay Zoning District shall also include a minimum buffer width of 35 feet around the entire perimeter of the outer edge of wetlands and water bodies greater than 5,000 square feet in area that are not located along a stream.
(4)
Applicability. The provisions of this section shall apply as follows:
(a)
The developer/applicant shall be responsible for identifying the location of the Riparian Buffer Overlay Zoning District boundary on any plan that is submitted to West Hanover Township for the following:
[1]
Subdivision or land development as defined in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.
[2]
Approval for improvements that require a zoning or building permit. Although mitigation may not be required for such activity, the boundary must still be delineated. Such permit(s) shall only be required when construction or erection of any buildings or structure(s) within or touching the Riparian Buffer Overlay Zones of West Hanover Township is located on the ground or attached to something on the ground and is greater than 1,000 square feet in size.
(b)
This initial delineation of the overlay district boundary shall be subject to review and approval by the West Hanover Township Zoning Officer.
(c)
These requirements shall not apply to any existing primary or accessory buildings or to any of the following: agricultural uses, transportation facilities, fences, lawns, gardens, utility lines, decks and piers, or to interior renovations, septic and essential services.
(5)
Interpretation of ordinance provisions. In interpreting the language of the Riparian Buffer Overlay District and the extent of the underlying zoning district(s) regulating the use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to the Township's interpretation of the applicability of the Riparian Buffer Overlay Zoning District shall be appealed in accordance with the requirements outlined § 195-113, Appeals and applications, of this chapter.
F.
Uses permitted. The following uses not involving buildings or structures are permitted, either by right or as a conditional use, in the Riparian Buffer Overlay Zoning District. (NOTE: Within any riparian buffer, no construction, development, use, activity, or encroachment shall be permitted unless the activity has been first authorized by the Township Zoning Officer.)
(1)
Uses permitted by right. The following uses, when permitted in the underlying zoning district, shall be permitted by right:
(a)
Common open space.
(b)
Forestry operation in accordance with the Pennsylvania Clean Stream Law (35 P.S. §§ 691.1 through 691.1001) and regulations at 25 Pa. Code Chapter 102, plus the best management practices outlined in the 2001 edition of the Pennsylvania State University College of Agricultural Sciences' publication entitled "Best Management Practices for Pennsylvania Forests."
(c)
Level spreaders or other similar stormwater structures used to disperse concentrated stormwater runoff uniformly over the ground surface as sheet flow. These devices shall be located a minimum of 50 feet from the edge of any identified watercourse or water body, subject to any other conditions imposed by the Board of Supervisors.
(d)
Naturalized stormwater basins in compliance with the Pennsylvania Clean Stream Law (35 P.S. §§ 691.1 through 691.1001) and regulations at 25 Pa. Code Chapter 102. The entire basin shall be located a minimum of 50 feet from the edge of any identified watercourse or water body, subject to any other conditions imposed by the Board of Supervisors.
(e)
Nature preserve.
(f)
New stream crossings for roads, centralized sewer and/or water lines and public utility transmission lines and/or their related appurtenances (i.e., towers, well houses, pump and lift stations), provided that they are:
[1]
Designed and installed in accordance with the stream crossing standards outlined under § 195-217H of this chapter.
[2]
All disturbance must be mitigated at a ratio of 1:1 for each square foot of disturbance and compliance with the Pennsylvania Clean Stream Law (35 P.S. §§ 691.1 through 691.1001) and regulations at 25 Pa. Code Chapter 102, plus the best management practices outlined in the latest edition of the Pennsylvania State University College of Agricultural Sciences' publication entitled "Best Management Practices for Pennsylvania Forests."
(g)
Park.
(h)
Passive use areas, such as camps, campgrounds and picnic areas, and active recreation areas, such as ball fields, playgrounds and courts. These uses shall be designed in a manner that shall not create concentrated stormwater flow, subject to any other conditions as imposed by the Board of Supervisors. The use of level spreaders or similar devices may be required.
(i)
Placement of research and monitoring devices, such as staff gauges, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.
(j)
Removal of trees where such removal is necessary as a means to eliminate dead, diseased or hazardous stands of trees that jeopardize public safety, provided that such removal is in compliance with the Pennsylvania Clean Stream Law (35 P.S. §§ 691.1 through 691.1001) and regulations at 25 Pa. Code Chapter 102, plus the best management practices outlined in the 2001 edition of the Pennsylvania State University College of Agricultural Sciences' publication entitled "Best Management Practices for Pennsylvania Forests."
(k)
Streambank stabilization and/or recommended native tree reforestation, in compliance with the recommendations of this section and as outlined in the latest edition of the Pennsylvania State University College of Agricultural Sciences' publication entitled "Best Management Practices for Pennsylvania Forests."
(l)
Stream crossings for farm vehicles and/or livestock if part of a federal, state and/or privately funded Dauphin County Conservation District and/or local nonprofit riparian buffer improvement project.
(m)
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands and native planting and reforestation in compliance with the recommendations of this section and the best management practices outlined in the latest edition of the Pennsylvania State University College of Agricultural Sciences' publication entitled "Best Management Practices for Pennsylvania Forests."
(2)
Required yards. The required setback area may incorporate a portion of the zoning overlay; however, at least 1/2 of each required front, side or rear yard on any private lots shall be entirely outside of the Riparian Buffer Overlay District.
G.
Riparian buffer management. No development activities shall be permitted within the Riparian Buffer Overlay Zoning District unless specifically permitted by this section. All such activities are subject to the following:
(1)
Subdivision and land development. Within the Riparian Buffer Overlay Zoning District, subdivision, land development or redevelopment shall only be permitted when the impacts of such actions are mitigated at a 1:1 square foot replacement ratio.
(2)
Zoning and building permits. For activities that only require a zoning and/or building permit and include improvements within the Riparian Buffer Overlay Zoning District, riparian buffer replacement or restoration is recommended only. If provided, the buffer should be at a 1:1 square foot replacement ratio for all disturbances.
(3)
Projects for which mitigation is only recommended and for which a buffer is provided shall identify the existing conditions (vegetation, floodplain, wetlands, soils, slopes, etc.), all proposed activities and, if applicable, any proposed management techniques, including any measures necessary to offset disturbances to land within the Riparian Buffer Overlay Zoning District.
(4)
Vegetation selection.
(a)
To function properly, dominant native vegetation in the riparian buffer should be selected from the list of native plants most suited to riparian areas. The Township may also require that the suitability of planting species be verified by local qualified experts at the Dauphin County Conservation District, the Pennsylvania State Cooperative Extension and/or other state and federal forest agencies.
(b)
As part of riparian buffer restoration, it is required that any/all noxious species existing within the buffer area and/or within the site be removed. Property owners and developers should ensure that invasive species are removed to not adversely impact any native species planted.
(c)
For maximum effect, the riparian buffer should be composed of three layers of vegetation or more.
[1]
Canopy and understory trees to form a tree canopy. Canopy and understory trees should be 1 1/2 to 2 1/2 calipers in diameter at breast height, eight feet to 10 feet tall at planting. Canopy trees should be planted a minimum of 20 feet to 25 feet on center in staggered rows, and understory trees should be planted a minimum of 15 feet on center, also in staggered rows.
[2]
Shrubs to support a dense, healthy and diverse understory. Shrubs should be planted in between canopy and understory trees at a minimum distance of between three feet and five feet apart.
[3]
Grasses, sedges, flowering perennials and other ground cover. Grasses, sedges, flowering perennials and ground covers should be planted one foot to three feet apart.
H.
Stream crossing standards. All stream crossings permitted under § 195-217F(1) shall comply with and incorporate as required the following minimum standards:
(1)
Any stream crossings requiring any activity in, under and/or over any body of water shall first consult the Department of Environmental Protection's South Central Regional Office, Watershed Management Permitting and Technical Services Section.
(2)
The width of any right-of-way shall not be greater than the minimum right-of-way width required by Township ordinances unless additional right-of-way is offered for dedication.
(3)
Stream crossings shall be designed to cross in a manner that minimizes disturbance.
(4)
Stream crossings shall be separated by a minimum of 1,000 feet of stream length.
(5)
Bridges, with the appropriate federal and/or state permits, shall be used in place of culverts when crossings would require a seventy-two-inch-or-greater diameter pipe. When culverts are installed, they shall be designed to retain the natural stream channel bottom to ensure the passage of water during low flow or dry weather periods.
I.
Inspection of Riparian Buffer Overlay Zoning District. The Riparian Buffer Overlay Zoning District may also be inspected periodically by the Township Engineer and/or Zoning Officer Administrator to determine compliance with this section or when excessive or potentially problematic erosion, sedimentation, hazardous trees or an unauthorized activity or structure is brought to the attention of West Hanover Township officials.
