In accordance with the requirements and purposes [including Sections 604 and 605 or their successor section(s), which are included by reference] of the Pennsylvania Municipalities Planning Code, as amended.[1]

In accordance with goals and objectives of the West Lampeter Township Comprehensive Plan, which are hereby included by reference.

To carry out the following major objectives:

Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.

Special exception procedure.

Consideration of special exception applications. When special exceptions are allowed by this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by this chapter, including the following:

Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building and zoning permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.

Purpose. The conditional use approval process is designed to allow the Board of Supervisors to review and approve or deny certain uses that could have significant impacts upon the community and the environment.

Procedure. The Board of Supervisors shall consider the conditional use application and render its decision in accordance with the requirements of the State Municipalities Planning Code.[1]

Consideration of conditional use application. The Board of Supervisors shall determine whether the proposed conditional use would meet the applicable requirements of this chapter, including the following:

Conditions. In approving conditional use applications, the Board of Supervisors may attach conditions it considers necessary to protect the public welfare and meet the standards of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.

Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on non-man-made steep slopes, preliminary review of a parcel prior to sale, or any other review, approval, communications, or permit under this chapter by an officer, employee, board, commission, solicitor, consultant, agent, volunteer, or agency of the Township shall not constitute a representation, guarantee or warranty of any kind by the Township, or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision, and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.

If the Zoning Officer mistakenly issues a permit under this chapter, the Township shall not be liable for any later lawful withdrawal of such permit.

For the purpose of this chapter, West Lampeter Township is hereby divided into the following zoning districts, with the following abbreviations:

For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.[1]

All those areas of West Lampeter Township identified as being subject to the base flood in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) dated April 5, 2016, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by West Lampeter Township and declared to be a part of this chapter. All those areas identified by the Federal Emergency Management Agency as floodplain areas having special flood hazards.

The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.

No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

Boundary change. Any territory which may hereafter become part of the Township through annexation, or a boundary adjustment shall be classified as the Conservation Zoning District of West Lampeter Township until or unless such territory is otherwise classified by the Board of Supervisors.

A map entitled "West Lampeter Township Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Township Building.[1]

Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the State Municipalities Planning Code.[2] All changes should be noted by date with a brief description of the nature of the change either on the map or within an appendix to this chapter.

Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Township Supervisors may, by resolution, adopt a new copy of the Official Zoning Map, which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.

District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.

Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.

The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.

Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.

Intent. To continue the objective of compatible land uses across municipal boundaries.

This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within West Lampeter Township regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in West Lampeter Township.

Central water service. A use shall not be considered to be served by Township-approved central water service unless:

Central sewage service. A use shall not be considered to be served by Township-approved central sewage service unless:

On-lot septic systems.

Well and septic system locations. Every plan for a subdivision or land development and every application for a building permit for a new principal building that will be served by a well and/or septic system shall designate the proposed well and primary and alternate septic system locations.

Expansion of septic use. If the Zoning Officer has reason to believe that a proposed increase in the number of bedrooms, dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.

Purposes. The following provisions are primarily intended to avoid erosion, sedimentation, stormwater management and winter driving hazards, particularly considering the Township's climate, in addition to serving the overall purposes of this chapter.

Regrading. Non-man-made slopes of over 15% shall not be regraded after the adoption of this chapter in such a manner that circumvents the requirements of this chapter. This section shall not regulate slopes that were clearly man-made prior to the adoption of this chapter.

Slopes over 15%. A new principal building shall not be located on a slope greater than 15%.

Single-family dwellings and steep slopes. The following provisions shall only apply to any lot that is submitted for preliminary subdivision approval after the effective date of this section or which is submitted for final subdivision approval if a preliminary plan submittal was not required, if the lot contains areas with slopes of 15% or greater:

Steep slopes and other uses. A lot shall only be used for a building for principal uses other than single-family detached dwellings if the proposed building area includes an average slope of less than 15%.

Changes to building area. The building area may show the outer extent of areas being considered for a proposed building without showing an exact location, provided all of those potential areas still meet the requirements of this section. An applicant may change the proposed building area after subdivision approval is granted, provided that the applicant proves that the new building area will still comply with this section. However, the building area shall not be so large as to attempt to circumvent the average slope provisions of this section that apply to a building site.

Site plan and tree protection. If an applicant proposes to alter or build upon slopes of 15% or greater, then a site plan shall be submitted to the Zoning Officer and the Lancaster County Conservation District. A separate site plan is not required if the same information was included in an approved subdivision or land development plan.

This § 285-16 provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. (Note: As of 2005, such provisions were in 42 U.S.C. § 3607.)

In order to be approved by the Township as age-restricted residential development, every dwelling unit (except a unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: 1) a minimum of one head of household of each dwelling unit shall be age 55 years or older or physically disabled as defined by social security disability regulations; and 2) no person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year. Any violation of such age restrictions shall be a violation of this chapter. In addition, in order to be approved as elderly housing, the applicant shall establish an appropriate legal entity, such as a property owners' association, that has the duty, authority and responsibility to enforce such age restrictions over time.

If a residential development is approved under this § 285-16, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. An age-restricted residential development shall meet all other requirements of Township ordinances. A medical residential campus development shall not be eligible for age-restricted residential development bonus.

Archaeological investigations. Developments affecting or potentially affecting historical and archaeological properties are subject to review by the Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation under the provisions of both Section 106 of the National Historic Preservation Act of 1966 and Section 10 of the 1978 Pennsylvania Historic Preservation Act. No development shall occur on a site identified by the PHMC as containing or likely to contain features of archaeological or historic significance or Table 2-33 of the West Lampeter Comprehensive Plan, National Register Listed or Eligible Properties, until procedures for compliance with federal and state regulations have been realized and the review process has been completed. All development plans which meet the above-mentioned requirements shall provide a letter of determination and/or report from the PHMC and/or the BHP addressing the following:

Purposes. This section implements the mandatory requirements of the Pennsylvania Municipalities Planning Code[1] to use zoning to preserve historic buildings. This section implements Sections 603(b), 603(g), 604(1) and 605 of the Pennsylvania Municipalities Planning Code,[2] which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value.

Consideration of demolition. The following shall apply to buildings that are identified as historic by the BHP. Unless an accessory building is specifically included on the Historic Buildings Table, this § 285-17 shall only apply to principal buildings.

In addition to or in lieu of the penalties and enforcement remedies provided in this chapter, any violations of the provisions of this § 285-17 may be abated or enforced by proceedings seeking equitable relief against the violator.

In order to vest the future implementation of large cluster development proposals that may take more than five years to build-out, the following procedures are provided. If used, these procedures shall specifically protect the future development rights of any approved cluster development proposal involving 10 or more dwelling units from any subsequent amendments to this chapter or the Official Zoning Map for a period of up to five years from the date of concept plan approval, as described below.

Concept plan. Prior to, or coincidental with, the approval of a conditional use for a cluster development, an applicant may submit a concept plan for approval by the Township. The Board of Supervisors shall approve concept plans after review by the Township Planning Commission. The Township Planning Commission shall provide its recommendation to the Township Board of Supervisors within 30 days after receipt of the submission of the concept plan application; should the Township Planning Commission fail to make such recommendations within this time frame, the Township Board of Supervisors may render its decision without receipt of the Planning Commission's recommendations. Such concept plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

Specific phase plan:

The minimum area devoted to a cluster development shall be 10 acres.

All units contained within a cluster development shall be served by public sewer and public water utilities.

At least 20% of the cluster development site shall be devoted to common open space, as defined in § 285-33. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Zoning Hearing Board need not require, as a condition of the approval of a cluster development, that land proposed to be set aside from common open space be dedicated, or made available for public use.

In the event that common open space is not dedicated for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall be either: constituted of the property owners within the cluster development; or consist of a bona fide organization among whose purpose is the preservation, conservation and protection of open space and/or natural features. The plan may provide that the organization may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

In the event that the organization that owns and maintains common open space, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that deficiencies of maintenance be correct or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development and shall become a lien on said properties. The Township at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the cluster development.

Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building 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 the Township Subdivision and Land Development Ordinance.[1] In the case of townhouses, manufactured/mobile home park or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Township standards.

Number of principal uses and principal buildings per lot.

No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.

Exceptions to minimum lot areas, lot widths and yards.

Setback from water bodies.

As a conditional use, the Board of Supervisors may approve or deny the subdivision of land to create a flag lot only if the applicant proves that a flag lot is necessary to minimize the amount of disturbance of natural features on the tract, such as non-man-made steep slopes and mature woodland. A flag lot shall not be used to increase the number of dwelling units that otherwise would be allowed on a tract of land.

A maximum of one flag lot shall be allowed in any subdivision or land development, except that if a subdivision or land development involves more than 50 dwelling units, then one flag lot may be approved for every 50 dwelling units.

A lot that is deed-restricted or restricted by a conservation easement to not include any building or that only includes a water supply well or wastewater pumping station may be approved by the Township as a flag lot as a permitted use.

If a flag lot is approved, the lot shall meet the minimum lot width requirement at the proposed front yard building setback line, instead of the minimum building setback line. The principal building shall only be placed on portions of the lot where the minimum lot width requirement is met.

The flag lot shall have a minimum of 25 feet of frontage along a public street, measured at the street right-of-way line. The driveway and the street frontage shall be part of the same lot as the proposed building site. No portion of the flag lot shall be less than 25 feet in width.

A flag lot shall only be approved if the applicant agrees to place a permanent deed restriction on the flag lot that prevents the future subdivision of the flag lot.

A minimum thirty-foot-wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot with a principal nonresidential use that is contiguous to a residentially zoned lot or occupied by a dwelling. The Zoning Officer may require greater buffering requirements, including requiring buffer yards on all sides of a nonresidential use.

A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way.

The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage, or display signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.

Fence. Any fence in a buffer yard shall be placed on the inside of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished or smoother side shall face the outside of the buffer yard.

A well or septic system may be placed within a buffer yard, provided the landscaping and tree preservation provisions are still met.

Each planting screen shall meet the following requirements:

Buffer yard plans. Prior to the issuance of a permit under this chapter, where a buffer yard would be required and on any required subdivision or land development plan, the applicant shall submit plans showing:

Dumpster screening and location.

Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish and noxious weeds.

See also the buffer yard provisions in § 285-22.

Street trees. As part of the creation of a new lot or the construction of a new principal nonresidential building or development of parking area for six or more parking spaces, deciduous shade street trees shall be planted between such lot lines, building and/or parking area and any adjacent public street(s). This requirement shall not apply along street segments where existing healthy trees will be preserved and protected during construction that will serve the same purpose.

Parking lot landscaping. See also Design standards for off-street parking, § 285-29.

Review and approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.

Landscaping maintenance. All shade tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet an ordinance requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.

Proof and registration of legal nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it was lawfully established. A property owner may request a written statement of legal nonconformity from the Zoning Officer after providing sufficient evidence.

Continuation of legal nonconformities.

Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under Subsection D.

Damaged or destroyed nonconformities. A nonconforming structure or nonconforming use that has suffered substantial damage as defined in § 285-33 may be rebuilt in a nonconforming fashion only if 1) the application for a building permit is submitted within 18 months after the date of damage or destruction; 2) work begins in earnest within 12 months afterwards and continues; and 3) no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.

Abandonment of a nonconformity.

Changes from one nonconforming use to another:

District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.

Where a front, side or rear yard would abut an existing street, then such yard shall be measured from the following minimum distances from the center line of the street right-of-way, unless the property line or street right-of-way would provide a wider, more restrictive distance:

Applicants are strongly encouraged to dedicate additional right-of-way as may be appropriate to PennDOT or the Township for future street widenings and utility and stormwater improvements. If such area is not accepted for current dedication, then the approved plan should state that it is reserved for future dedication at such time as PennDOT or the Township may determine that the area is needed.

No building, fence or other structure (except for mailboxes, utility poles, street signs, and similar structures typically found within a right-of-way) shall be placed within the setback required by Subsection A.

Number per lot. No more than two driveway connections onto a street per lot shall be permitted.

A lot shall have at least 125 feet of frontage and driveway openings on the same lot shall be a minimum of 40 feet apart.

Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, nor within five feet of a fire hydrant. Driveways shall be set back at least five feet from any side lot line, unless a common or joint driveway location is proposed.

Slope. No part of a driveway shall have a slope greater than 15%. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines.

Street classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.

Driveway openings at the cartway and through the right-of-way, unless otherwise regulated elsewhere in this chapter, shall be a minimum of 12 feet in width and a maximum of 20 feet in width.

PennDOT permit. Any driveway intersecting with a state-owned road shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation.

Turnaround. Driveways which intersect an arterial or collector street shall provide adequate turnaround area, minimum 10 feet by 20 feet within the lot so that vehicles do not back out onto the street.

Driveways shall be a minimum of 22 feet in length as measured outside the street right-of-way.

Driveways are required to be paved from the cartway through 20 feet into a lot, or more if required by the Roadmaster. The driveway shall be made of a dust-free, all-weather surface for its entire length. This does not apply to agricultural farm lanes used solely for access to crop fields by farm equipment.

Clear sight triangle. Driveways shall be located and constructed so that a clear sight triangle of 75 feet as measured along the street center line and five feet along the driveway center line is maintained; no permanent obstructions and/or plant materials over three feet high shall be placed within this area.

Access drives.

Overall requirements.

General. Parking spaces and access drives shall be laid out to result in safe and orderly use, and to fully take into account all of the following: vehicular access onto and off the site, vehicular movement within the site, loading areas, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic off the lot.

Existing parking.

Change in use or expansion. A structure or use in existence at the effective date of this chapter that expands or changes in use an existing principal building shall be required to provide all of the required parking for the entire size and type of the resulting use.

Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter. No required parking area or off-street loading spaces shall be used for any other use (such as storage or display of materials) that interferes with the area's availability for parking.

Location of parking.

Reduction of parking requirements as a special exception.

General requirements.

Size and marking of parking spaces.

Aisles.

Paving, grading and drainage.

Lighting of parking areas. See "light and glare control" in Article VI.

Parking for persons with disabilities/handicapped parking.

Location. Handicapped parking spaces shall be located where they would result in the shortest reasonable accessible distance to a handicapped-accessible building entrance. Curb cuts shall be provided as needed to provide access from the handicapped spaces.

Planting strips and paved area setbacks (including off-street parking setbacks).

Parking setback from buildings. Parking spaces serving principal nonresidential buildings, condominiums, and apartment buildings shall be located a minimum of 10 feet from any principal building wall, unless a larger distance is required by another provision. This distance shall not apply at vehicle entrances into or under a building.

Speed bumps. Speed bumps, speed tables and similar raised areas to reduce speeds shall be allowed on private streets and parking areas, provided the raised area is maintained in a highly visible color or pavement markings and a sign warns motorists of the raised pavement.

Each use shall provide off-street loading facilities, which meet the requirements of this section, sufficient to accommodate the maximum demand generated by the use and the maximum size vehicle in a manner that will not routinely obstruct traffic on a public street and traffic entering and exiting the lot. If no other reasonable alternative is feasible, traffic may be obstructed for occasional loading and unloading along an alley, provided traffic has the ability to use another method of access.

At the time of review under this chapter, the applicant shall provide evidence to the Zoning Officer on whether the use will have sufficient numbers and sizes of loading facilities. The Planning Commission and/or Board of Supervisors may provide advice to the Zoning Officer on this matter as part of any plan review by such boards. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.

Each space and the needed maneuvering room shall not intrude into approved buffer areas and landscaped areas.

Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot or, where applicable, by the property owners' association.

Fire lanes shall be provided where required by state or federal regulations or other local ordinances.

Access shall also be provided so that fire equipment can reach all sides of principal nonresidential buildings and multifamily/apartment buildings. This access shall be able to support a loaded fire pumper truck but shall not necessarily be paved.

The specific locations of fire lanes and fire equipment access are subject to approval by the Township, after review by local fire officials. Township staff will request comments from the local fire officials.