West Manheim Township
City Zoning Code
City Zoning Code
PART 6
Zoning Overlay Districts
§ 270-56 Purpose.
The purpose of the Natural Features Overlay District is to ensure the public health, safety and welfare through the protection of slopes, streams, wetlands, and surface waters which are considered some of the Township's most important natural resources. The Natural Features Overlay includes the following:
§ 270-57 Construal of provisions.
A.
In the event that the provisions of this article and the provisions of other applicable Township ordinance standards are in conflict, the more restrictive provisions shall apply.
B.
In the event that two or more natural resource areas identified in this article overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regarding, clearing, or building) shall apply to the area of overlap.
§ 270-58 Steep Slope Protection Overlay Zoning District.
A.
Purpose. Steep slopes and hillsides are unique areas. Slope areas are fragile and susceptible to erosion, landslides, mudslides, degradation of their natural vegetation and increased flooding using conventional development practices. By protecting this asset, the Township intends to:
(1)
Guide development away from steep areas;
(2)
Minimize grading and other site preparation in steep areas;
(3)
Provide safe means for ingress and egress while minimizing scarring from hillside construction;
(4)
Preserve the natural conditions in steep areas; and
(5)
Prevent flooding and the deteriorating effects of erosion to streams and drainage areas.
B.
Establishment of Steep Slope Protection Overlay boundaries and use standards.
(1)
The Steep Slope Protection Overlay Zoning District shall consist of all land which has a 12% or greater slope, as determined by a professional land surveyor or professional engineer licensed in Pennsylvania, based on a field or aerial survey of the property. A map entitled "Zoning Overlays" has been provided with this chapter[1] for general informational purposes only and shall not be used to determine the location of the overlay district.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(2)
Permitted uses.
(a)
On slopes less than 25%, uses shall be regulated by the underlying zoning district.
(b)
On slopes equal to or greater than 25.0%, the following uses shall be permitted by right, provided they are in compliance with the provisions of the underlying zoning district and are not prohibited by another ordinance, and provided that they do not require structures:
[1]
Yard areas of uses permitted by the underlying zoning district.
[2]
Agriculture, including general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, no-till planting and wild crop harvesting, excluding agribusiness;
[3]
Common open space;
[4]
Educational or scientific use not involving buildings or structures;
[5]
Trails and open space and greenways;
[6]
Parks and passive recreational areas not involving structures;
[7]
Accessory residential and/or commercial uses such as gardens, play areas, picnic areas or fences; and
[8]
Essential services provided they are installed underground.
(4)
Disturbance limits.
(a)
Based upon the slope of the land, the following disturbance limits shall be the maximum area of such slopes that may be regraded and/or stripped of vegetation. Such percentages shall be based on the slopes contained within the entire lot or lots to be developed at the time of application for subdivision or land development plan approval, or upon application for a zoning permit if no subdivision or land development plan is required.
Slope Range (percent) | Maximum Disturbed Area (percent) |
|---|---|
12.0% to 14.9% | 75% |
15% to 17.9% | 50% |
18% to 24.9% | 25% |
25.0% + | 0% |
(b)
Grading or earthmoving on all steep slope areas shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except where no reasonable alternatives exist for construction of public roads, drainage structures, and other public improvements, in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed 3:1, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately. The landscape shall be preserved in its natural state insofar as practicable.
(5)
Minimum lot size standards. No portion of a lot containing a slope equal to or greater than 25% shall count toward the minimum lot size required by the underlying zoning district.
(6)
Setbacks. No change in existing topography, which results in a slope greater than the predevelopment condition, may be located within 10 feet of the neighboring property.
(7)
Design information. All applications for subdivision or land development plan approval or for a zoning permit shall include a detailed description of the methods that are being used for construction in areas containing slopes of 12% or greater to attain the following:
(a)
Protection and stabilization of areas that have a high potential for soil erosion;
(b)
Accommodate stormwater runoff;
(c)
Assure structural safety and minimize harm to the environment associated with development on steep slopes;
(d)
Protection and preservation of on-site and off-site valuable natural wildlife and/or plant habitats;
(e)
Protection and preservation of on-site and off-site water quality; and
(f)
Protection of steep slopes on abutting properties.
C.
Standards.
(1)
The Steep Slope Protection Overlay Zoning District shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.
(2)
In all subdivision and land development applications, the Steep Slope Protection Overlay Zoning District and each slope range within the district shall be described by metes and bounds. A conservation easement covering the Steep Slope Protection Overlay Zoning District shall be provided in accordance with Chapter 235, Subdivision and Land Development.
(3)
In all zoning permit applications, the Steep Slope Protection Overlay Zoning District and each slope range within the district shall be shown on a drawing indicating the location and measurements of the overlay district in accordance with the above standards.
§ 270-59 Stream Protection Overlay Zoning District.
A.
Purpose. Streams, creeks, and the natural areas around them are important hydrological and environmental assets. It is the intent of this chapter to preserve natural and man-made watercourses.
B.
Establishment of Stream Protection Overlay boundaries. The Stream Protection Overlay District shall be established around all streams and watercourses (including intermittent ones) that are typically inundated throughout the year. The size of the Stream Protection Overlay District shall be based on critical environmental features present in the area surrounding the watercourse. The overlay district shall be drawn to encompass all critical areas as described below. A map entitled "Zoning Overlays" has been provided with this chapter[1] for general informational purposes only and shall not be used to determine the location of the overlay district.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Critical areas to be included in Stream Protection Overlay District. The Stream Protection Overlay District shall be drawn to include all of the following critical areas:
(1)
All land within 25 feet of the edge of a watercourse under typical flow conditions.
(2)
Alluvial soils located within 50 feet of the water's edge;
(3)
Springs located within 50 feet of the water's edge; and
(4)
Slopes of 25% or greater located within 50 feet of the water's edge. In this case, the overlay district shall extend to the uppermost edge of the twenty-five-percent slope area.
D.
Permitted uses. The following uses shall be permitted by right in the Stream Protection Overlay District, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by another ordinance, and provided that they do not require building(s), fill or storage of materials and equipment.
(1)
Common open space, nature preserves, forest preserves, passive recreational areas, and similar uses requiring no structures, improvements, or man-made features.
(2)
Trails to and along the watercourse.
(3)
Stream bank and watershed improvements approved by the York County Conservation District and/or DEP.
(4)
Crossings by farm vehicles, livestock, recreational trails, roads, railroads, sewer and waterlines, and public utility transmission lines, provided that all necessary permits and approvals from federal, state, and local agencies are received and that required plantings are maintained to the greatest extent possible.
F.
Required vegetation. Within the Stream Protection Overlay District, native species of trees, shrubs and ground cover must be provided and maintained for stream bank stabilization, soil stability and habitat for native animal species. Where adequate vegetation does not already exist, new plantings shall be provided.
G.
Standards.
(1)
The Stream Protection Overlay shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.
(2)
In all subdivision and land development applications, the Stream Protection Overlay shall be described by metes and bounds. A conservation easement on the plan covering the Stream Protection Overlay shall be provided in accordance with Chapter 235, Subdivision and Land Development.
(3)
In all zoning permit applications, the Stream Protection Overlay shall be shown on a drawing indicating the location and measurements of the overlay district in accordance with the above standards.
§ 270-60 Surface Water Protection Overlay Zoning District.
A.
Purpose. Lakes and ponds and the natural areas around them are important hydrological and environmental assets. It is the intent of this overlay district to preserve these natural and man-made assets. By protecting these assets, the Township intends to:
B.
Establishment of surface water protection overlay boundaries. The Surface Water Protection Overlay Zoning District shall be established as the area in or within 25 feet of a lake or pond. All natural and man-made lakes, ponds and established easement areas shall remain in permanent open space. Because these areas may relate to other hydrologic features, no development or diverting of these water bodies shall be permitted without proper approval from PA DEP.
C.
Permitted uses. Permitted uses are as follows:
(1)
Common open space;
(2)
Educational or scientific use not involving buildings or structures;
(3)
Fishing, swimming, boating or hunting;
(4)
Boat-launching facilities, provided that parking areas and other uses associated with the boat launch are placed outside of the Surface Water Protection Overlay District;
(5)
Passive recreational areas not involving structures;
(6)
Trail access to adjacent open space; and
(7)
Nature preserve and wildlife sanctuary.
D.
Standards.
(1)
All lands identified in § 270-60B of this chapter shall contain no more than 15% impervious surface.
(2)
At least 70% of the Surface Water Protection Overlay District shall remain in its natural state as open space.
(3)
The Surface Water Protection Overlay Zoning District shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.
(4)
In all subdivision and land development applications, the Surface Water Protection Overlay Zoning District shall be described by metes and bounds. A conservation easement on the plan covering the Surface Water Protection Overlay Zoning District shall be provided in accordance with Chapter 235, Subdivision and Land Development.
(5)
In all zoning permit applications, the Surface Water Protection Overlay Zoning District shall be shown on a drawing indicating the location and measurements of the overlay district in accordance with the above standards.
§ 270-61 Wetland Protection Overlay Zoning District.
A.
Purpose.
(1)
Wetland areas are indispensable and fragile hydrological natural resources that provide:
(2)
Damaging or destroying wetlands threatens public safety and the general welfare. Because of their importance, wetlands are to be protected from negative impacts of development and other activities. It is the intent of this overlay district to:
(a)
Require planning to avoid and minimize damage of wetlands whenever prudent or feasible.
(b)
Require that activities not dependent upon wetlands be located to other upland sites.
(c)
Allow wetland losses only where all practical or legal measures have been applied to reduce these losses that are unavoidable and in the public interest.
B.
Establishment of Wetland Protection Overlay boundaries. The Wetland Protection Overlay shall apply to all lands in or within 25 feet of a nontidal wetland located within West Manheim Township. The Wetland Protection Overlay shall be based on a wetland investigation by the applicant. The Natural Features Map of the West Manheim Township Comprehensive Plan may be used as a guide for determining the general location of wetlands. A map entitled "Zoning Overlays"[1] has been provided with this chapter for general informational purposes only and shall not be used to determine the location of the overlay district. Wetland delineations shall be performed in accordance with the procedures of the PA DEP as specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto. Wetland mitigation shall be permitted. Wetland mitigation shall be approved by the PA DEP. Wetlands proposed to be mitigated shall not be considered part of the Wetland Protection Overlay.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Permitted uses. The following uses shall be allowed within the Wetland Protection Overlay to the extent that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance, provided that they do not require structures, fill or storage of materials and equipment, and provided that a permit is obtained from the PA DEP and the United States Army Corps of Engineers, if applicable:
(1)
Agriculture, including general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, no-till planting and wild crop harvesting, excluding agribusiness;
(2)
Common open space;
(3)
Educational or scientific use not involving buildings or structures;
(4)
Fishing, swimming, boating and hunting;
(5)
Trail access to the stream or drainageway and trails in linear parks;
(6)
Passive recreational areas not involving structures;
(7)
Accessory residential uses such as gardens, play areas, picnic areas, fences or stormwater/drainage facilities;
(8)
Nature preserve and wildlife sanctuary; and
(9)
Essential services provided they are installed underground.
E.
Standards.
(1)
The Wetland Protection Overlay District shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development involved. The wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.
(2)
In all subdivision and land development applications, a wetland investigation shall be required in accordance with Chapter 235, Subdivision and Land Development. A conservation easement covering the Wetland Protection Overlay District shall be provided in accordance with Chapter 235, Subdivision and Land Development. The Wetland Protection Overlay District and conservation easement shall be described by metes and bounds, indicating the location and measurements of the overlay district.
F.
In all zoning permit applications, the Wetland Protection Overlay District shall be shown on a drawing indicating the location and measurements of the overlay district. (Wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.)
§ 270-62 Exemptions.
Where a proposed lot, improvement, or earth disturbance is located 250 feet or greater from a potential natural feature overlay district; consists of a lot add on which no new lots, structures and public improvements are created, the overlay district does not need to be located or delineated as required within this article. In such cases, the overlay district shall be located using any existing available data, such as York County GIS data, USGS topographical maps, and similar sources. If a natural feature is located within the two-hundred-fifty-foot distance, the natural feature and associated overlay shall be delineated to its extent on the property.
§ 270-63 Purpose.
The purpose of these zones is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
A.
Regulating uses, activities, and development that, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
B.
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
C.
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
D.
Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.
§ 270-64 Warning and disclaimer of liability.
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain zones, or that land uses permitted within such zones will be free from flooding or flood damages. This chapter shall not create liability on the part of West Manheim Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 270-65 Establishment of floodplain zones.
A.
Description of zones.
(1)
Basis of zones. The identified floodplain area shall be any areas of West Manheim Township, subject to the one-hundred-year flood, which will be identified as "Zone A (Area of Special Flood Hazard)" in the Flood Insurance Study (FIS) as finalized and dated on or before September 25, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
(a)
FW (Floodway Area): the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b)
FF (Flood-Fringe Area):
[1]
The remaining portions of the one-hundred-year floodplain in those areas identified as an "AE Zone" in the Flood Insurance Study, where a floodway has been delineated.
[2]
The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(c)
FA (General Floodplain Area):
[1]
The areas identified as "Zone A" in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
[2]
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
(2)
Overlay concept.
(a)
The aforementioned floodplain zones shall be overlays to the existing underlying zones, and as such, the provisions for the floodplain zones shall serve as a supplement to the underlying zone provision. A map entitled "Zoning Overlays"[1] has been provided with this chapter for general informational purposes only and shall not be used to determine the location of the overlay district.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(b)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain zones and those of any underlying zone, the more restrictive provisions and/or those pertaining to the floodplain zones shall apply.
(c)
In the event any provision concerning a floodplain zone is declared inapplicable as a result of any legislative or administrative actions of judicial discretion, the basic underlying zone provisions shall remain applicable.
B.
Inclusion in Zoning Map. The boundaries of the floodplain zones are established as shown on the Flood Insurance Rate Maps, dated September 25, 2009, or latest revision, issued by the Federal Emergency Management Agency (FEMA). Said map is hereby incorporated into and made a part of the Official Zoning Map of West Manheim Township. A copy of said map shall be kept on file at the Township office and be available for inspection during regular office hours.
C.
Zone boundary changes. The delineation of any of the floodplain zones may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the FEMA or its successor agency.
D.
Interpretation of zone boundaries. Initial interpretations of the boundaries of the floodplain zones shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the zones, the person questioning or contesting the location of the zone boundary shall be given a reasonable opportunity to present his case to the Township Zoning Hearing Board and to submit his own technical evidence if he so desires. Should the person choose to seek a variance to the zoning regulations to accommodate his development, he must follow the procedures to present his case to the Zoning Hearing Board. Should the person choose to have the zone boundary changed to reflect more accurate flooding data, he must follow the procedures to present his case to the Board of Supervisors for a zoning amendment.
§ 270-66 Compliance with provisions. [1]
All uses, activities, landfilling and development occurring within any floodplain zone shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as Chapter 110, Construction Codes, Uniform, and Chapter 235, Subdivision and Land Development, of the Code of the Township of West Manheim.
§ 270-67 Purpose.
In addition to the community development objectives set forth in Part 1 of this chapter and in conformance with the MPC, the purposes of this overlay district, among others, are as follows:
A.
To conserve and protect environmentally sensitive areas and open land within West Manheim Township, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
B.
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
C.
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
D.
To implement adopted West Manheim Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the West Manheim Township Comprehensive Plan, including provisions for reasonable incentives to create an open space and greenway system for the benefit of present and future residents.
E.
To implement adopted land use, transportation, and community policies, as identified in the West Manheim Township Comprehensive Plan.
F.
To protect areas of West Manheim Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.
G.
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
H.
To provide for the conservation and maintenance of open land within West Manheim Township to achieve the above-mentioned goals and for active or passive recreational use by residents.
I.
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
J.
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
K.
To conserve scenic views and elements of West Manheim Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
§ 270-68 Establishment of district.
A.
The Conservation Subdivision Overlay District shall apply to all tracts of land consisting of 15 acres or more (gross) upon which new residential subdivisions are created after the effective date of this chapter in the Residential (R) Zoning District.
[Amended 8-16-2016 by Ord. No. 5-2016; 6-1-2023 by Ord. No. 2-2023]
B.
For all tracts of land consisting of less than 15 acres (gross) upon which new residential subdivisions are created after the effective date of this chapter, the conservation subdivision design shall be optional.
C.
All regulations of the Natural Features Overlay District, the Floodplain Protection Overlay District, and Historic Preservation Overlay District shall apply to lands developed under the Conservation Subdivision Overlay District regulations.
§ 270-69 Four-step design process for subdivisions.
§ 270-70 Permitted uses.
The Conservation Subdivision Overlay shall comply with the uses regulated in the underlying zoning district.
§ 270-71 Density determination.
The Conservation Subdivision Overlay District shall implement a neutral density and basic conservation option. This option provides for residential uses at the density permitted in the underlying zoning district and reductions in lot area and dimensional standards, in exchange for a given percentage of the tract to remain in open space.
A.
Density requirements.
(1)
Density factor. The density factor is equal to the minimum lot area requirement set forth in the underlying zoning district. The density factors are as follows:
[Amended 4-20-2010 by Ord. No. 2-2010; 6-1-2023 by Ord. No. 2-2023]
Density Factors | |||
|---|---|---|---|
Both Utilities (Centralized Water and Centralized Sewer) (square feet) | 1 Utility (Centralized Water or Centralized Sewer) (square feet) | No Utilities (No Centralized Water or Sewer) (square feet) | |
Single-family detached dwelling | 15,000 | 20,000 | 40,000 |
Single-family semidetached dwelling | 15,0001 | Not permitted | Not permitted |
Two-family dwelling | 15,0001 | Not permitted | Not permitted |
Single-family attached dwelling | 15,0001 | Not permitted | Not permitted |
NOTES: | |
|---|---|
1 | Per dwelling unit. |
(2)
Minimum required open space and greenway land. The subdivision must include at least 25% of the adjusted tract area plus all of the constrained land calculated in § 270-71B(1), herein below, as open space and greenway land. Open space and greenway land shall not be used for residential lots, except as provided in this Part 6.
B.
Density determination. Applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:
(1)
Adjusted tract area approach. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of natural resource elements (described below) by the numerical protection factor for that category of natural resource land, summing all factored constrained land areas, and then deducting the total from the gross tract area.
(a)
Constrained lands consist of natural resources listed below. The area of the natural resource is multiplied by a protection factor to arrive at the constrained land. The constrained natural resource elements and protection factors are as follows:
[Amended 4-20-2010 by Ord. No. 2-2010]
Natural Resource Element | Protection Factor | Land Area of Natural Resource | Constrained Land | |
|---|---|---|---|---|
1. | Total land area within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines. | 100% (1.0) | X _____acres | = _____ acres |
2. | Total land area under existing private streets. | 100% (1.0) | X _____acres | = _____ acres |
3. | Wetlands: total land area of designated wetlands | 95% (0.95) | X _____acres | = _____ acres |
4. | Floodway: total land area within the floodway | 100% (1.0) | X _____acres | = _____ acres |
5. | Floodplains: total land area nonwetland portion of the 100-year floodplain | 50% (0.5) | X _____acres | = _____ acres |
6. | Steep slopes: total land area with natural ground slopes exceeding 25% | 80% (0.8) | X _____acres | = _____ acres |
7. | Extensive rock outcroppings: total land area of rock outcrops and boulder-fields more than 1,000 square feet | 90% (0.9) | X _____acres | = _____ acres |
8. | Moderately steep slopes: total land area with natural ground slopes of between 12% and 25% | 60% (0.6) | X _____acres | = _____ acres |
9. | Ponds, lakes and streams: total area of ponds, lakes and streams. | 100% (1.0) | X _____acres | = _____ acres |
10. | Total area of natural resource elements | = _____ acres | ||
11. | Total constrained lands | = _____ acres | ||
Formula: (Adjusted Tract Area) = (Gross Tract Area) — (Constrained Lands) |
(b)
If a portion of the tract is underlain by more than one natural feature subject to a protection factor, that acreage shall be subject to the most restrictive protection factor.
(c)
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural resource element subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.
(d)
Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor.
(2)
Yield plan approach. Determination of density, or maximum number of permitted dwelling units, shall be based upon the underlying zoning district regulations, and any applicable Natural Features or Floodplain Overlay Zoning Districts. Yield plans shall meet the following requirements:
(a)
SALDO requirements. Yield plans must be prepared as conceptual layout plans in accordance with the standards of Articles IV and V of Chapter 235, Subdivision and Land Development, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
(b)
Resource identification. The yield plan must identify the site's primary and secondary conservation areas, as identified in the Existing Resources and Site Analysis Plan, and demonstrate that the primary conservation areas could be successfully absorbed in the development process without disturbance, by allocating this area to proposed residential lots which conform to the regulations of the underlying zoning district. The yield plan shall be based upon accurate mapping of wetlands, one-hundred-year floodplains and land with slopes greater than 12%.
(c)
Individual on-lot sewage disposal systems. On sites not served by central or public sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by individual on-lot septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Township Planning Commission shall select a 10% sample of the lots considered to be marginal for on-lot sewage disposal. The applicant is required to provide evidence that these lots meet the standards for an individual on-lot septic system and replacement area before the applicant shall be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual on-lot septic system, those lots shall be deducted from the yield plan and a second 10% sample shall be selected by the Township Planning Commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual on-lot septic system.
(d)
Yield plan dimensional standards. The dimensional standards for yield plans shall be those of the underlying zoning district as supplemented or modified by the Natural Features Overlay Districts, and the Floodplain Protection Overlay District.
§ 270-72 Dimensional standards.
[Amended 6-1-2023 by Ord. No. 2-2023]
The dimensional standards for dwellings are as follows:
Single-Family Detached Dwelling | |||
|---|---|---|---|
Dimensional Criteria | Both Utilities (Centralized Water and Centralized Sewer) | 1 Utility (Centralized Water or Centralized Sewer) | No Utilities (No Centralized Water or Sewer) |
Residential (R) | |||
Minimum lot area (square feet) | 7,500 | 10,000 | 20,000 |
Minimum lot width (feet) | 70 | 70 | 80 |
Front setback (feet) | 40 | ||
Side setback (feet) | 10 | 20 | |
Rear setback (feet) | 20 | 20 | 25 |
Maximum building height (stories/feet) | 2.5 stories or 35 feet | ||
Maximum lot coverage (percent) | 60% | 45% | 35% |
Single-Family Semidetached Dwelling [Amended 4-20-2010 by Ord. No. 2-2010] | |||
|---|---|---|---|
Dimensional Criteria | Both Utilities (Centralized Water and Centralized Sewer) | 1 Utility (Centralized Water or Centralized Sewer) | No Utilities (No Centralized Water or Sewer) |
Residential (R) | |||
Minimum lot area (square feet) | 4,0001 | Not permitted | Not permitted |
Minimum lot width (feet) | 701 | Not permitted | Not permitted |
Front setback (feet) | 40 | Not permitted | Not permitted |
Side setback (feet) | 0 between attached structures, 10 | Not permitted | Not permitted |
Rear setback (feet) | 20 | Not permitted | Not permitted |
Maximum building height (stories/feet) | 2.5 stories or 35 feet | Not permitted | Not permitted |
Maximum lot coverage (percent) | 65% | Not permitted | Not permitted |
NOTES: | |
|---|---|
1 | Per dwelling unit. |
Two-Family Dwelling | |||
|---|---|---|---|
Dimensional Criteria | Both Utilities (Centralized Water and Centralized Sewer) | 1 Utility (Centralized Water or Centralized Sewer) | No Utilities (No Centralized Water or Sewer) |
Residential (R) | |||
Minimum lot area (square feet) | 4,0001 | Not permitted | Not permitted |
Minimum lot width (feet) | 701 | Not permitted | Not permitted |
Front setback (feet) | 40 | Not permitted | Not permitted |
Side setback (feet) | 10 | Not permitted | Not permitted |
Rear setback (feet) | 20 | Not permitted | Not permitted |
Maximum building height (stories/feet) | 2.5 stories or 35 feet | Not permitted | Not permitted |
Maximum lot coverage (percent) | 65% | Not permitted | Not permitted |
NOTES: | |
|---|---|
1 | Per dwelling unit. |
Single-Family Attached Dwelling [Amended 4-20-2010 by Ord. No. 2-2010] | |||
|---|---|---|---|
Dimensional Criteria | Both Utilities (Centralized Water and Centralized Sewer) | 1 Utility (Centralized Water or Centralized Sewer) | No Utilities (No Centralized Water or Sewer) |
Residential (R) | |||
Minimum lot area (square feet) | 1,8001 | Not permitted | Not permitted |
Minimum lot width (feet) | 201 | Not permitted | Not permitted |
Front setback (feet) | 40 | Not permitted | Not permitted |
Side setback (feet) | 0 between attached structures2 | Not permitted | Not permitted |
Rear setback (feet) | 20 | Not permitted | Not permitted |
Maximum building height (stories/feet) | 2.5 stories or 35 feet | Not permitted | Not permitted |
Maximum lot coverage (percent) | 70% | Not permitted | Not permitted |
NOTES: | |
|---|---|
1 | Per dwelling unit. |
2 | End units are considered semidetached buildings and shall comply with the requirements for single-family semidetached dwelling. |
§ 270-73 Design standards for neutral density and basic conservation.
In addition to the design standards set forth in Articles IV and V of Chapter 235, Subdivision and Land Development, conservation subdivisions using neutral density and basic conservation shall conform with the following design standards:
A.
Dwelling lots. Dwelling lots shall not encroach upon primary conservation areas as identified in Article IV of Chapter 235, Subdivision and Land Development, and their layout shall respect secondary conservation areas as described in both this chapter and in Chapter 235, Subdivision and Land Development.
B.
Dwelling setbacks. All new dwellings shall meet the following setback requirements:
Dwelling Setbacks | Distance (feet) |
|---|---|
External street rights-of-way | 100 |
Other tract boundaries | 50 |
Cropland or pasture land | 100 |
Agricultural buildings or barnyards housing livestock | 150 |
Active recreation areas such as courts or playing fields (not including tot-lots) | 100 |
C.
Exterior views of dwelling lots. Exterior views of dwelling lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Article XXIV, Landscaping, of this chapter and Article V of Chapter 235, Subdivision and Land Development.
D.
Dwelling lot access. Dwelling lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
E.
Dwelling lots abutting open space and greenway. At least 30% of the dwelling lots shall directly abut or face open space and greenway land across a street.
§ 270-74 Open space and greenway land use and design.
Protected open space and greenway land in all conservation subdivisions shall meet the following standards:
A.
Permitted uses on open space and greenway lands. The following uses are permitted in open space and greenway land areas:
(1)
Nature preserve and wildlife sanctuary, and other similar-type conservation uses;
(2)
Agriculture (excluding agribusiness);
(3)
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than 75% of the minimum required open space and greenway land;
(4)
Forestry;
(5)
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, shooting ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors;
(6)
Active noncommercial recreation areas, such as playing-fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space and greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces;
(7)
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required open space and greenway land, but shall not include driving ranges or miniature golf;
(8)
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation open space. However, water treatment plants and storage tanks, central sewage treatment plants and lagoons, and a fifty-foot buffer around such facilities shall not be included within the minimum required open space and greenway requirement. In cases where any sewage disposal system serving an individual dwelling is located in an open space and greenway area, the developer shall provide for on-site system maintenance via deed covenants and restrictions or other means approved by the Township. This shall include, but not be limited to, the inspection of the on-site systems and the pumping of septic tanks at intervals of not less than three years from the date of the operation of each system;
(9)
Easements for drainage, access, sewer or water lines, or other public purposes; and
(10)
Essential services, specifically those involving underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space and greenway land.
B.
Open space and greenway design standards.
(1)
Open space and greenway lands shall be laid out in general accordance with the West Manheim Township Comprehensive Plan and/or Map of Primary Conservation Areas by incorporating them into proposed open space and greenway areas or avoiding their disturbance in areas proposed for development in Map of Potential Conservation Lands (in the Comprehensive Plan) to ensure that an interconnected network of open space and greenways will be provided. The required open space and greenway land consists of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs).
(2)
In conservation subdivisions, the open space and greenway land comprises a minimum of 25% of the adjusted tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association; land trust; another conservation organization recognized by West Manheim Township; or private individual. However, in no case shall less than 15% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the conservation subdivision residents. These ownership options may be combined so that different parts of the open space and greenway land may be owned by different entities as determined by the Township.
(3)
Common greens.
(a)
In conservation subdivisions, at least 2% to 3% of the required greenway lands shall be in the form of common greens. A green is typically 5,000 square feet to 20,000 square feet in area, with a maximum area of 32,000 square feet, and shall be located internal to the developed areas. The minimum percent of open space in greens shall be determined as follows:
(b)
A common green may be created and maintained as the open space around which dwellings are arranged. If common greens are utilized, dwellings shall face the common green with the front facade of the dwelling.
(5)
Buffers for adjacent public parkland. Where the proposed subdivision abuts public parkland, a natural open space and greenway buffer at least 150 feet deep shall be provided within the subdivision along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
C.
Other requirements.
(1)
No portion of any dwelling or building lot may be used for meeting the minimum required open space and greenway land, except as permitted in § 270-76. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space and greenway land.
§ 270-75 Permanent conservation easements.
In conservation subdivisions, the required open space and greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board of Supervisors. A list of permitted uses of open space and greenway lands is contained in §§ 270-70 and 270-74.
§ 270-76 Ownership and maintenance of open space, greenways and common facilities.
A.
Development restrictions. All open space and greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space and greenway land at any time, except for those uses listed in § 270-74A of this chapter.
B.
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this article, and then only when there is no change in the common facilities or in the open space and greenway land ratio of the overall development. Ownership methods shall conform to the following:
(2)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open space and greenway land and common facilities shall be held as "common element." In addition to the provisions of this article, the requirements of Articles IV and V of Chapter 235, Subdivision and Land Development, regarding community associations shall be met.
(3)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes, and the provisions set forth in Articles IV and V of Chapter 235, Subdivision and Land Development, regarding community associations. In addition, the following regulations shall be met:
(a)
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
(b)
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
(c)
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
(d)
The association shall be responsible for maintenance and insurance of common facilities;
(e)
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
(f)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to West Manheim Township no less than 30 days prior to such event; and
(g)
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(4)
Private conservation organization or York County. With permission of the Board of Supervisors, an owner may transfer either fee simple title of the open space and greenway land or easements on the open space and greenway to a private nonprofit conservation organization or to York County, provided that:
(a)
The conservation organization is acceptable to West Manheim Township and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or York County becomes unwilling or unable to continue carrying out its functions;
(c)
The open space and greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to West Manheim Township is established between the owner and the organization or York County.
(5)
Dedication of easements to West Manheim Township. West Manheim Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(6)
Noncommon private ownership. Up to 80% of the required open space and greenway land may be included within one or more large "conservancy lots" of at least 10 acres provided the open space and greenway land is permanently restricted from future development through a conservation easement, except for those uses listed in § 270-74A of this chapter, and that the Township is given the ability to enforce these restrictions.
C.
Maintenance.
(1)
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(2)
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space and greenway lands and operation of common facilities in accordance with the following requirements.
(a)
The plan shall define ownership;
(b)
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
(c)
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space and greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
(d)
Based upon the information provided by the applicant as part of the plan for maintenance of open space and greenway lands and operation of common facilities, at the Township's discretion the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and
(e)
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
(3)
In the event that the organization established to maintain the open space and greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(4)
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of York County.
§ 270-77 Purpose.
The purpose of the Historic Preservation Overlay District is to encourage the preservation of locally important architectural, historical, archaeological, and/or cultural elements of the man-made landscape as a living part of the community. In promoting this and the general purpose of this chapter, the specific intent of this overlay is:
§ 270-78 Review of proposed actions; effect on other provisions.
This article is intended to create an overlay district. Within this overlay, all applications for building permits for either the purpose of alteration or demolition of a resource designated on the West Manheim Township Historic Inventory, will be directed to the West Manheim Township Planning Commission for review and comment, as to the effect of the proposed action on the historical-architectural character of the zone prior to the issuance of a building permit. All of the regulations of the underlying district shall remain in full force and effect. Where there exists any conflict between the provisions or requirements of the Historic Preservation Overlay District and those of the underlying district, the more restrictive of the two provisions shall apply.
§ 270-79 Establishment of district; permitted uses; maintenance of structures.
A.
Establishment of the Historic Preservation Overlay District. The Historic Preservation Overlay District shall be an overlay district that overlaps and supplements the underlying zoning districts. The Township shall maintain an official list and/or map of historic resources, entitled "West Manheim Township Historic Inventory" ("Historic Resources Inventory" or "Inventory"). The Historic Resources Inventory and/or Map shall be approved by the Board of Supervisors by resolution, and may be revised from time to time by resolution.
B.
Permitted uses. In the Historic Preservation Overlay District, the development and/or use of any land will be permitted, provided that the development or uses adhere to all of the requirements of the underlying zoning district.
C.
Approval by the Zoning Officer.
(1)
In addition to meeting the normal requirements for obtaining a building permit, all applications for alteration or demolition of an historic resource shall be forwarded to the West Manheim Township Planning Commission so that a meeting between the Commission and the applicant may be arranged.
(3)
The recommendation of the West Manheim Township Planning Commission shall be advisory only, and not mandatory.
(4)
After notification that the above meeting has occurred or after a period of not to exceed 15 days after the application has been forwarded by the Zoning Officer to the West Manheim Township Planning Commission, whichever comes first, the Zoning Officer may proceed in a manner similar to the rules in effect in the underlying zone to issue the permit.
D.
Demolition by neglect. All historic structures within the Historic Preservation Overlay District shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration to prevent demolition by neglect. Demolition by neglect of historic structures in the Historic Preservation Overlay District shall constitute a violation of this chapter. Evidence of demolition by neglect includes, but is not limited to:
(1)
Deterioration of exterior walls or other vertical supports;
(2)
Deterioration of roofs or other historical members;
(3)
Deterioration of exterior chimneys;
(4)
Deterioration of crumbling exterior stucco or mortar;
(5)
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors, lack of paint, deteriorated mortar, inadequate or absence of gutters or spouting, deteriorated flashing, etc.;
(6)
Deterioration of any feature so as to create a hazardous condition that could lead to the claim that a demolition is necessary for the public safety.