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Wrightsville City Zoning Code

PART 3

ZONING DISTRICTS

§ 27-301 Designation of Zoning Districts.

[9/16/2013]
1. 
Zoning Districts. For the purpose of this chapter, the Borough of Wrightsville is hereby divided into districts, which shall be designated as follows:
OS
Open Space
R-1
Low-Density Residential District
R-2
Medium-Density Residential District
TC
Town Center District
C-I
Commercial-Industrial District
HPO
Historic Preservation Overlay District
NRP
Natural Resource Protection Overlay District.
2. 
Zoning Map. The boundaries of the zoning districts shall be shown upon an Official Zoning Map made a part of this chapter. In addition, any documents and mapping as delineated in for the overlay districts, and the Borough's Floodplain Ordinance[1] are hereby incorporated by reference into this chapter as if they were fully described herein.
[1]
Editor's Note: See Ch. 8, Floodplains.
3. 
District Boundaries. Where uncertainty exists as to boundaries of any district as shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines are intended to follow or be parallel to the center line of streets and lot or property lines as they exist on plans of record at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines and where it does not scale more than 10 feet therefrom, such lot lines shall be construed to be such boundaries, unless specifically shown otherwise.
C. 
In unsubdivided land or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the Zoning Map.
4. 
Interpretation of Boundaries.
A. 
The Zoning Officer shall interpret the intent of the map as to location of district boundaries.
B. 
In cases where the Zoning Ordinance interpretation is disputed, the Zoning Hearing Board shall interpret district boundaries.
5. 
Permitted Uses. The uses permitted in the districts established by this chapter and the permitted extent of these uses, are as shown in the Table of Permitted and Accessory Uses.[2] The uses listed as permitted in each district are the only uses permitted in that district, except as provided for in § 27-107. Unless otherwise noted, the use or dimensional standards are the requirements for each use.
[2]
Editor's Note: Said table is included as an attachment to this chapter.

§ 27-302 OS Open Space District.

1. 
Purpose. The Open Space District is established to preserve existing recreational and open spaces, and institutional and public uses. This district is intended to encourage those land uses and activities which maintain the Borough's small-town character and enhance the quality of life for residents, property owners and visitors.
2. 
Permitted Uses. Within the Open Space District, no building or structure may be erected or used and no land may be used or occupied except for uses indicated in the Table of Permitted and Accessory Uses.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
3. 
Limitations of Uses. Owners, occupants and users of property, and any future inhabitants, within the Open Space District should be prepared and willing to accept the inconveniences, discomfort, and the possibility of injury from normal agricultural operations and are hereby put on official notice that Section 4 of Act 133 of 1982, known as the Right to Farm Law (P.L. 454, No. 133, "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances"),[2] may bar them from obtaining a legal judgment against such normal agricultural operations.
[2]
Editor's Note: See 3 P.S. § 951 et seq.
4. 
Area and Bulk Requirements. In this district, any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and/or maximum dimensions specified below. Should these requirements conflict with other requirements in this chapter, or federal or state statutes, as applicable, for any specified use, the more restrictive requirements shall take precedence.
A. 
Lot and Building Regulations. The following dimensional requirements shall apply to all uses in the Open Space District, except as specifically provided for in this chapter:
(1) 
Open Space and Agricultural Uses.
(a) 
Minimum lot area: 43,560 square feet.
(b) 
Minimum lot width: 200 square feet.
(c) 
Maximum lot coverage: 30%.
(d) 
Maximum building height:1 35 square feet.
(e) 
Front setback: 25 feet.
(f) 
Side setback (each):2 15 square feet.
(g) 
Rear setback: 40 feet.
5. 
General Requirements for All Uses. In addition to the standards set forth in this Part, all uses permitted within the Open Space District shall also comply with:
A. 
Water and Sewage Facilities. All uses shall be served by municipal water and sewage facilities.
B. 
Overlay Districts. If located within or affected by the following zoning overlays, development or uses shall comply with provisions set forth in §§ 27-307 and 27-308 herein and/or Chapter 8, Floodplains:
(1) 
Natural Resources Protection Overlay.
(2) 
Historic Preservation Overlay.
C. 
Off-Street Parking, Loading and Unloading. All uses in the Open Space District shall provide off-street parking spaces and off-street loading and unloading space according to the provisions set forth in Part 4 of this chapter.
D. 
Signs. Signs may be erected and maintained only when in compliance with the provisions of Part 4 of this chapter.
E. 
Construction and Design Standards. All uses in the Open Space District shall comply with the construction and design standards set forth in the Borough SALDO.

§ 27-303 R-1 Low-Density Residential District.

1. 
Purpose. The Low-Density Residential District is established to provide areas for the limited and orderly expansion of residential development in low to moderate densities compatible with existing neighborhoods, while preserving institutional uses and open space. It is a further intent of this district to exclude nonresidential activities not compatible with the existing residential development.
2. 
Permitted Uses. Within the Low-Density Residential District, no building or structure may be erected or used and no land may be used or occupied except for uses indicated in the Table of Permitted and Accessory Uses.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
3. 
Area and Bulk Requirements. Any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and/or maximum dimensions specified below. Should these requirements conflict with other requirements in this chapter, or federal or state statutes, as applicable, for any specified use, the more restrictive requirements shall take precedence.
A. 
Lot and Building Regulations. Each of the following dimensional requirements shall apply to each use in the Low-Density Residential District, except as specifically provided for in this chapter:
(1) 
Residential Uses:
Single-Family Detached
Single-Family Semidetached Dwelling
Minimum lot area
12,000 square feet
7,500 square feet per unit
Minimum lot width
80 feet
50 feet per unit
Maximum lot coverage
50%
70%
Maximum building height1
35 feet
35 feet
Front setback
25 feet
25 feet
Side setback (each)2
15 feet
15 feet
Rear setback3
25 feet
25 feet
(2) 
All Other Uses:
(a) 
Minimum lot area: 25,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Maximum lot coverage: 70%.
(d) 
Maximum building height:1 35 feet.
(e) 
Front setback: 25 feet.
(f) 
Side setback (each):2 15 feet.
(g) 
Rear setback:3 35 feet.
NOTES:
1
Maximum building height shall not apply to chimneys, antennas, water towers, spires and steeples, solar heating and photovoltaic collectors and panels, HVAC and other mechanical equipment, and similar appurtenances.
2
In the case of a corner lot at the intersection of two streets, the width of the side yard on the street side shall not be less than 25 feet. Semidetached dwellings shall have only one side setback.
3
Rear setback may be reduced to 10 feet for nonhabitable accessory buildings and structures such as garages, carports and storage sheds. Where the rear yard of nonresidential uses abuts a service alley, the rear setback may be reduced to five feet for accessory buildings and structures.
4
Front Yard Exception. By administrative review by the Zoning Officer, the front yard of a proposed building may be decreased in depth to the average alignment of a majority of existing buildings on the same block frontage (same side) located within 100 feet of the proposed building.
4. 
General Requirements for All Uses. In addition to the standards set forth in this article, all uses permitted within the Low-Density Residential District shall also comply with:
A. 
Water and Sewage Facilities. All uses shall be served by municipal water and sewage facilities.
B. 
Overlay Districts. If located within or affected by the following zoning overlays, development or uses shall comply with provisions set forth in §§ 27-307 and 27-308 herein and/or Chapter 8, Floodplains:
(1) 
Natural Resources Protection Overlay.
(2) 
Historic Preservation Overlay.
C. 
Off-Street Parking, Loading and Unloading. All uses in the Low-Density District shall provide off-street parking spaces and off-street loading and unloading space according to the provisions set forth in Part 4 of this chapter.
D. 
Signs. Signs may be erected and maintained only when in compliance with the provisions of Part 4 of this chapter.
E. 
Construction and Design Standards. All uses in the Low-Density Residential District shall comply with the construction and design standards set forth in the Borough SALDO.

§ 27-304 R-2 Medium-Density Residential District.

[9/16/2013]
1. 
Purpose. The Medium-Density Residential District is established to provide areas for a variety of housing types and densities including single-family detached dwellings, single-family semidetached dwellings, single-family attached/townhouse dwellings and multifamily/low-rise apartments and condominium dwellings. The intent of this district is to encourage development compatible and consistent with the traditional small-town character of the Borough. This district is also intended to provide for limited nonresidential uses including commercial and public uses.
2. 
Permitted Uses. Within the Medium-Density Residential District no building or structure may be erected or used and no land may be used or occupied except for uses indicated in the Table of Permitted and Accessory Uses.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
3. 
Area and Bulk Requirements. Any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and/or maximum dimensions specified below. Should these requirements conflict with other requirements in this chapter, or federal or state statutes, as applicable, for any specified use, the more restrictive requirements shall take precedence.
A. 
Lot and Building Regulations. The following dimensional requirements shall apply to all uses in the Medium-Density Residential District, except as specifically provided for in this chapter:
(1) 
Residential Uses.
Single-Family Attached Dwellings
Multifamily Dwellings
Single-Family Detached and Semidetached, Two-Family
Minimum lot area
2,000 square feet/unit
2,000 square feet/unit
6,000 square feet
Minimum lot width
20 feet/unit
150 feet
50 feet
Maximum lot coverage
60%
60%
60%
Maximum building height1
35 feet
35 feet
35 feet
Front setback
5 feet
5 feet
5 feet
Side setback2
10 feet
25 feet
10 feet
Rear setback3
25 feet
35 feet
25 feet
(2) 
Other Uses:
Institutional/Public Uses
Commercial-Industrial Uses
Minimum lot area
20,000 square feet
7,500 square feet
Minimum lot width
125 feet
50 feet
Maximum lot coverage
60%
60%
Maximum building height1
35 feet
35 feet
Front setback
5 feet
25 feet
Side setback2
15 feet
15 feet
Rear setback3
35 feet
25 feet
NOTES:
1
Maximum building height shall not apply to chimneys, antennas, spires and steeples, solar heating and photovoltaic collectors and panels, HVAC and other mechanical equipment, and similar appurtenances.
2
In the case of a corner lot at the intersection of two streets, the width of the side yard on the street side may be equal to the side setback for that use. Attached dwellings shall have only side setback for end units.
3
Rear setback may be reduced to five feet for nonhabitable accessory buildings and structures such as garages, carports and storage sheds.
B. 
Front Yard Exception. By administrative review by the Zoning Officer, the front yard of a proposed building may be decreased in depth to the average alignment of a majority of existing buildings on the same block frontage (same side) located within 100 feet of the proposed building.
4. 
General Requirements for all Uses. In addition to the standards set forth in this article, all uses permitted within the Medium-Density Residential District shall also comply with:
A. 
Water and Sewage Facilities. All uses shall be served by municipal water and sewage facilities.
B. 
Overlay Districts. If located within or affected by the following zoning overlays, development or uses shall comply with provisions set forth in §§ 27-307 and 27-308 herein and/or Chapter 8, Floodplains:
(1) 
Natural Resources Protection Overlay.
(2) 
Historic Preservation Overlay.
C. 
Off-Street Parking, Loading and Unloading. All uses in the Medium-Density Residential District shall provide off-street parking spaces and off-street loading and unloading space according to the provisions set forth in Part 4 of this chapter.
D. 
Signs. Signs may be erected and maintained only when in compliance with the provisions of Part 4 of this chapter.
E. 
Construction and Design Standards. All uses in the Medium-Density Residential District shall comply with the construction and design standards set forth in the Borough SALDO.

§ 27-305 TC Town Center District.

[9/16/2013]
1. 
Purpose. The Town Center District is established to provide for the continuation of the prevailing mix of retail, service, office, and residential uses; to maintain compatibility between residential uses and small-scale businesses; to preserve and reuse existing buildings that represent the Borough's historical character; and to encourage new construction that maintains the essential Borough character. The intent of this district is to permit a wide variety of housing types and densities, including single-family and multifamily residential uses; neighborhood-oriented retail and service businesses; and other low-intensity commercial uses in a pedestrian-friendly setting.
2. 
Permitted Uses. Within the Town Center District, no building or structure may be erected or used and no land may be used or occupied except for uses indicated in the Table of Permitted and Accessory Uses.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
3. 
Area and Bulk Requirements. Any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and/or maximum dimensions specified below. Should these requirements conflict with other requirements in this chapter, or federal or state statutes, as applicable, for any specified use, the more restrictive requirements shall take precedence.
A. 
Lot and Building Regulations. The following dimensional requirements shall apply to all uses in the Town Center District, except as specifically provided for in this chapter:
(1) 
Residential uses shall conform to the requirements in § 27-304, Subsection 3A(1), except there shall be no required minimum lot area.
(2) 
Nonresidential Uses:
All Uses
Maximum lot area
5,000 square feet
Minimum lot width
35 feet
Maximum lot coverage
70%
Maximum building height1
45 feet
Front setback
5 feet
Side setback2
5 feet
Rear setback, principal building3
25 feet
NOTES:
1
Maximum building height shall not apply to chimneys, antennas, spires and steeples, solar heating and photovoltaic collectors and panels, HVAC and other mechanical equipment, and similar appurtenances.
2
In the case of a corner lot at the intersection of two streets, the width of the side yard on the street side shall not be more than 10 feet. For all attached buildings only, the side setback for the portion of the dwelling with a common wall is reduced to zero.
3
Where the rear yard of nonresidential uses abuts a service alley, the rear setback for accessory uses may be reduced to five feet.
B. 
Front Yard Exception. By administrative review by the Zoning Officer, the front yard of a proposed building may be decreased in depth to the average alignment of a majority of existing buildings on the same block frontage (same side) located within 100 feet of the proposed building.
4. 
General Requirements for all Uses. In addition to the standards set forth in this article, all uses permitted within the Town Center District shall also comply with:
A. 
Water and Sewage Facilities. All uses shall be served by municipal water and sewage facilities.
B. 
Overlay Districts. If located within or affected by the following zoning overlays, development or uses shall comply with provisions set forth in §§ 27-307 and 27-308 herein and/or Chapter 8, Floodplains:
(1) 
Natural Resources Protection Overlay.
(2) 
Historic Preservation Overlay.
C. 
Off-Street Parking, Loading and Unloading. All uses in the Open Space District shall provide off-street parking spaces and off-street loading and unloading space according to the provisions set forth in Part 4 of this chapter.
D. 
Signs. Signs may be erected and maintained only when in compliance with the provisions of Part 4 of this chapter.
E. 
Construction and Design Standards. All uses in the Town Center District shall comply with the construction and design standards set forth in the Borough SALDO.

§ 27-306 C-I Commercial-Industrial District.

[9/16/2013]
1. 
Purpose. The Commercial-Industrial District is established to provide areas for the development of restricted retail and business uses which have minimal impact on surrounding properties. This district is intended to permit a broad range of commercial, business, retail and service uses of a local and regional nature. It is further the intent of this district to limit the impact such nonresidential uses have on adjacent residential and agricultural areas.
2. 
Permitted Uses. Within the Commercial-Industrial District, no building or structure may be erected or used and no land may be used or occupied except for uses indicated in the Table of Permitted and Accessory Uses.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
3. 
Area and Bulk Requirements. In this district, any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and/or maximum dimensions specified below. Should these requirements conflict with the requirements of this chapter, as applicable, for any specified use, the more restrictive requirements shall take precedence.
A. 
Lot and Building Regulations. Each of the following dimensional requirements shall apply to each use in the Commercial-Industrial District, except as specifically provided for in this chapter:
(1) 
Multifamily dwellings shall conform to the dimensional requirements for such use set forth in § 27-304, Subsection 3A(1)(b).
(2) 
All Other Uses:
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
Maximum lot coverage
70%
Maximum building height1
45 feet
Front setback
25 feet
Side setback (each)2
15 feet
Rear setback3
25 feet
NOTES:
1
The maximum building height shall not apply to barns, silos, grain and feed elevators, water towers, spires and steeples, solar heating and photovoltaic collectors and panels, HVAC and other mechanical equipment, and similar appurtenances. The building height of accessory structures for all nonagricultural use shall not exceed the height of the principal building or 25 feet, whichever is less.
2
In the case of a corner lot at the intersection of two streets, the width of the side setback on the street sides shall not be less than 25 feet.
3
Where the rear yard of nonresidential uses abuts a service alley, the rear setback may be reduced to five feet for accessory buildings and structures.
4. 
General Requirements for all Uses. In addition to the standards set forth in this article, all uses permitted within the Commercial-Industrial District shall also comply with:
A. 
Water and Sewage Facilities. All uses shall be served by municipal water and sewage facilities.
B. 
Overlay Districts. If located within or affected by the following zoning overlays, development or uses shall comply with provisions set forth in §§ 27-307 and 27-308 herein and/or Chapter 8, Floodplains:
(1) 
Natural Resources Protection Overlay.
(2) 
Historic Preservation Overlay.
C. 
Off-Street Parking, Loading and Unloading. All uses in the Commercial-Industrial District shall provide off-street parking spaces and off-street loading and unloading space according to the provisions set forth in Part 4 of this chapter.
D. 
Signs. Signs may be erected and maintained only when in compliance with the provisions of Part 4 of this chapter.
E. 
Construction and Design Standards. All uses in the Commercial-Industrial District shall comply with the construction and design standards set forth in the Borough SALDO.

§ 27-307 Historic Preservation Overlay District (HPO).

[9/16/2013]
1. 
Purpose. The Historic Preservation Overlay District is intended to:
A. 
Retain the character of the community through voluntary preservation and protection of historic resources.
B. 
Minimize any negative impact proposed changes might have on historic resources.
C. 
Encourage and facilitate the continued use and adaptive reuse of historic structures and properties.
D. 
Discourage the demolition of historic structures.
E. 
To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):
(1) 
Section 603(b)(5),[1] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources;
[1]
Editor's Note: See 53 P.S. § 10603(b)(5).
(2) 
Section 603(1)(2),[2] which states that "zoning ordinances shall provide for protection of natural and historic features and resources";
[2]
Editor's Note: See 53 P.S. § 10603(1)(2).
(3) 
Section 604(1),[3] which states that "the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: . . . preservation of the natural, scenic and historic values. . ."; and
[3]
Editor's Note: See 53 P.S. § 10604(1).
(4) 
Section 605(2)(vi),[4] whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.
[4]
Editor's Note: See 53 P.S. § 10605(2)(vi).
2. 
Applicability.
A. 
Boundaries. The Historic Preservation Overlay District shall conform to the boundaries as shown on the Zoning Map.
(1) 
All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this section. In the event of a conflict between the provisions of the overlay district and the underlying zoning district, the provisions of this overlay shall apply.
(2) 
Should the boundaries of the overlay district be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.
B. 
Covenants and Easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
3. 
Additions, Alterations, Rehabilitation and Reconstruction.
A. 
No alterations, additions, reconstruction or rehabilitation to a historic building or structure shall be allowed without a permit issued by the Zoning Officer, the same approval process as required for any non-historic building or structure.
B. 
It is strongly recommended by the Borough that any proposed alteration, addition, reconstruction or rehabilitation within the Historic Preservation Overlay District should be in substantial compliance with following Secretary of the Interior's Standards:
(1) 
A property should be used for its historic purpose, except that it may be used in a manner that requires minimal change to the historic characteristics of the building and is in compliance with uses permitted the underlying zoning district.
(2) 
The historic character of a property should be retained and preserved. The removal of historic materials and the replacement or alteration of features and spaces that characterize a property should be avoided.
(3) 
Each property should be recognized as a physical record of its time, place, and use. Materials and features used to stabilize, maintain and conserve the property shall be physically and visually compatible with the traditional, authentic materials and features.
(4) 
Changes to a property that have acquired historic significance in their own right should be retained and preserved.
(5) 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property should be preserved.
(6) 
Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence, including photographs and drawings.
(7) 
Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
(8) 
Archeological resources should be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) 
New additions, exterior alterations, or related new construction should not destroy historic materials and features that characterize the property. The new work should be differentiated from the old and will be compatible with the historic materials, architectural features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(10) 
New additions and adjacent or related new construction should be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

§ 27-308 Natural Resource Protection Overlay District (NRP).

[9/16/2013]
1. 
Purpose. The Natural Resource Protection Overlay District is intended to promote the conservation and preservation of land in the Borough possessing natural features identified as essential to the environmental health, economy and character of the community. These areas include lands with development constraints, such as steep slopes, wetlands, floodplains, and stream corridors. Protection of natural features provides benefits such as soil erosion control, improved soil quality, enhanced water quality, enriched habitat and biodiversity, flood control, and the protection of buildings, streets and property.
2. 
Identification and Delineation. For purposes of this chapter, areas contained within the Natural Resource Protection Overlay District as shown on the Zoning Map, shall include the following:
A. 
Steep Slopes. Any portion of a property with slopes in excess of 15%:
(1) 
Moderately Steep Slopes, 15% to 25%. Areas characterized by slopes equivalent to a change in elevation from 15 to 25 feet over a distance of 100 feet horizontal, as verified by an actual field topographic survey.
(2) 
Very Steep Slopes, greater than 25%. Areas characterized by slopes equivalent to a change in elevation greater than 25 feet over a distance of 100 feet horizontal, as verified by an actual field topographic survey.
B. 
Wetlands. Any portion of a property within a designated wetland, as determined by current state and/or federal guidelines.
C. 
Stream Corridors. Any portion of a property located within 100 feet of the top of bank of any stream or watercourse, or as determined by current state and/or federal guidelines.
D. 
Floodplains. Any portion of property within a one-hundred-year floodplain as determined by the most recent Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA). All development proposed shall comply with Chapter 8, Floodplains.
3. 
York County Comprehensive Plan. The York County Natural Areas Inventory, York County Environmental Resources Inventory, and York County Open Space and Greenways Plan, all components of the York County Comprehensive Plan, identify several sites in or near the Borough of statewide and/or local significance. These sites are listed and prioritized in the York County Comprehensive Plan for the protection of biological diversity in York County. In compliance with York County Comprehensive Plan, which may be amended from time to time, the Wrightsville Borough Zoning Ordinance seeks to conserve and protect these sites Therefore, no earth disturbance shall be permitted, and no buildings or structures shall be placed in, above, under, or within 100 feet of such sites. In cases where more restrictive state standards apply, those standards shall prevail.
4. 
Conflict. This section is intended to create an overlay district, wherein all of the regulations of the underlying district shall remain in full force and effect. Where a conflict exists between the provisions or requirements of this section and those of any underlying district, or other Borough ordinances and state or federal regulations, the more restrictive shall apply.
5. 
Design and Performance Standards.
A. 
In the event that two or more natural resource areas identified in this section overlap, the resource with the most restrictive standard shall apply to the area of overlap.
B. 
All plans for subdivision or land development shall conform to the Wrightsville Borough Subdivision and Land Development Ordinance (SALDO).
C. 
An erosion and sedimentation control plan, consistent with the requirements of the Borough SALDO shall be required for any earth disturbance proposed within 500 feet of any watercourse, wetland, or water body.
D. 
All trees six inches or more in caliper at a point four feet in height above the ground shall not be removed unless they are within the right-of-way lines of a street or drive, within proposed building lines, or within utility locations or mandatory access for equipment.
E. 
No topsoil shall be removed from the site or used as spoil. Topsoil must be removed from the areas of construction and stored separately. Upon completion of construction and/or site improvements, the topsoil must be redistributed on the site uniformly. No person shall excavate or otherwise remove topsoil for sale or for use other than on the premises from which the topsoil shall be taken, except in connection with the construction or alteration of a building on such premises in conjunction with an approved plan, and excavation or grading incidental thereto.
F. 
All disturbed areas of the site shall be stabilized by seeding or planting.
6. 
Protection of Steep Slopes.
A. 
No site disturbance shall be allowed on slopes exceeding 25%, except as otherwise provided in this chapter.
B. 
Earth disturbance on slopes between 15% and 25% shall be conducted only when there is no feasible alternative. When permitted, such disturbance shall not cause excessive surface water runoff, erosion, sedimentation or unstable soil condition.
C. 
Mitigation techniques shall be utilized, including but not limited to terracing, retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs, the use of erosion control fabric and the like.
D. 
Stormwater runoff shall be managed in accordance with Chapter 26, Water, Part 2, Stormwater Management, and to the satisfaction of the Borough Engineer.
E. 
A proposed land development and/or subdivision application shall comply with the steep slope conservation standards on both the tract as a whole and on each proposed subdivided lot.
F. 
No vegetation shall be removed from land on steep slopes except as necessary for:
(1) 
The operation of a permitted use in accordance with approved plans and sound conservation practices.
(2) 
Woodland management operation.
(3) 
The replacement of undesirable plant material that is invasive, hazardous, or unhealthy with desirable landscape plant material.
(4) 
The construction of permitted facilities in accordance with approved plans.
7. 
Protection of Wetlands.
A. 
Any portion of a property within a delineated wetlands area is not to be altered, regraded, filled, piped, diverted, or built upon except in conformance with the regulations of the PA DEP and the United States Army Corps of Engineers.
B. 
Any landowner proposing an activity requiring a federal or state permit shall obtain such permit before approval by the Borough.
C. 
All uses and activities shall minimize to the greatest extent possible the destruction, degradation, or adverse impact on a wetland.
D. 
Stormwater management facilities shall not be located in wetland areas unless the wetlands are used as part of the facility.
8. 
Protection of Stream Corridors.
A. 
Stream corridors shall not be altered, re-graded, filled, or used for any purpose, excluding agricultural land uses, except in conformance with this section.
B. 
No structure or earth disturbance shall be permitted within 100 feet of the top of the bank of any watercourse, or within 100 feet of the edge of any pond, wetland, or other water body in order to protect existing watercourses and water bodies, and to enable the regeneration of vegetation in order to enhance or create riparian buffers, except as follows:
(1) 
Regulated activities permitted by the commonwealth, such as stream or wetland crossing, for which the maximum disturbance permitted shall be 5% of the riparian or wetland buffer area on the subject parcel.
(2) 
Provision for unpaved trail access;
(3) 
Selective removal of a safety hazard, diseased trees, or invasive plant species.
(4) 
Soil and stream conservation projects approved by the York County Conservation District.
C. 
Where it is necessary to cross a stream or watercourse for any purpose, the property landowner, applicant and/or site contractor is encouraged to work with the York County Conservation District to establish best management practices (BMPs) to protect the stream.
D. 
Any changes in an existing stream or watercourse must be approved by the appropriate state and/or federal agency, with documentation of such permit provided to the Borough.
E. 
Where the provisions in this subsection are found to be in conflict with Chapter 26, Water, Part 2, Stormwater Management, said Stormwater Management Ordinance shall take precedence.
F. 
Riparian Buffers. A riparian buffer shall be maintained along all stream corridors to intercept sediment and pollutants from runoff occurring overland before they reach the stream, thereby protecting local water resources and the environment.
(1) 
The riparian buffer shall extend no less than 50 feet from the top of the stream bank or the edge of the watercourse in accordance with current PA DEP standards.
(2) 
The buffer shall consist of existing or new vegetation or a combination thereof, in the following order of preference:
(a) 
Plant selection shall be consistent with York County Conservation District, Pennsylvania Department of Environmental Protection, and USDA riparian forested buffer guidelines.
(b) 
Existing hedgerow, woodlot, brush and/or uncultivated fields which are naturally occurring along the stream.
(c) 
A combination of existing vegetation (such as above) and newly established vegetation.
9. 
Floodplain Areas. Any portion of a property within a designated floodplain area shall not be altered, re-graded, filled, or built upon except in strict compliance with the provisions of this chapter, Chapter 8, Floodplains, and with all other applicable federal, state and local regulations.