Township of West Manheim, PA Conservation Subdivision Overlay District

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.

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.

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:

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.

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)

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.

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.

Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor.

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:

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.

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%.

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.

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:

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.

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

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.

Dwelling lot access. Dwelling lots shall generally be accessed from interior streets, rather than from roads bordering the tract.

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.

Open space and greenway standards. Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the open space and greenway land created under this article of this chapter are contained in § 270-74 of this chapter.

§ 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:

Permitted uses on open space and greenway lands. The following uses are permitted in open space and greenway land areas:

Nature preserve and wildlife sanctuary, and other similar-type conservation uses;

Agriculture (excluding agribusiness);

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;

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.

Open space and greenway design standards.

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).

PCAs comprise:

Floodplains,

Wetlands, and

Steep slopes (greater than 25%).

SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in Articles IV and V of Chapter 235, Subdivision and Land Development.

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.

Common greens.

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:

[1]

Two percent of the required open space when the average lot size is 15,000 square feet or more.

[2]

Three percent of the required open space when the average lot size is less than 15,000 square feet.

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.

Up to 5% of the total tract acreage in any of the options may be subject to West Manheim Township's public land dedication requirement in Article V of Chapter 235, Subdivision and Land Development.

(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.

Other requirements.

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.

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with § 270-70 herein, shall be provided to open space and greenway land in accordance with the following requirements:

Each neighborhood shall provide one centrally located access point per 15 lots.

Access to open space and greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

All open space and greenway land areas that are not wooded or farmed shall be landscaped in accordance with the landscaping requirements of Part 10 of this chapter.

§ 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.

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.

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:

Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:

There is no cost of acquisition to the Township; and

The Township agrees to and has access to maintain such facilities.

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.

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:

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;

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;

Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;

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.

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:

The conservation organization is acceptable to West Manheim Township and is a bona fide conservation organization intended to exist indefinitely;

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;

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

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:

There shall be no cost of acquisition to the Township;

Any such easements for public use shall be accessible to the residents of the Township; and

A satisfactory maintenance agreement shall be reached between the owner and the Township.

(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.

Maintenance.

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.

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.

The plan shall define ownership;

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.);

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;

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.

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.