 |
A.
Purpose. The primary purpose of this zone is to promote
the continuation and preservation of agricultural activities in those
areas most suitable for such activities. It is further intended to
protect farms of sufficient size to allow them to remain economically
viable, as opposed to the creation of "farmettes" that are not agriculturally
productive. This zone also intends to protect and stabilize the Township's
viable agricultural economy by eliminating uses that are incompatible
with farming, but permitting limited agricultural support businesses.
Consequently, residential uses are limited, and any future inhabitants
in this zone must be willing to accept the impacts associated with
normal farming practices, and related businesses. Additionally, large-scale
and obtrusive uses are permitted by conditional use, to separate them
from the Township's population concentrations. Finally, the provisions
of this zone have been specifically formulated to further the objectives
of the Pennsylvania Municipalities Planning Code, which provides that
local zoning ordinances shall be designed "to preserve prime agriculture
and farmland considering topography, soil type and classification,
and present use."
B.
Permitted uses.
(1)
Agricultural and horticultural uses, including one
single-family detached dwelling, but excluding intensive livestock
and intensive produce operations, as defined herein;
(2)
Forestry uses;
(3)
Houses of worship not to exceed two acres in size;
(4)
Municipal services and/or public utilities structures;
(5)
Parks and playgrounds;
(6)
Private schools on lots not to exceed two acres in
size;
(7)
Single-family detached dwellings;
(9)
Accessory uses customarily incidental to the above
permitted uses, including, but not limited to, the following:
(a)
Beekeeping, where accessory to an existing or
approved single-family detached dwelling, subject to the following:
[1]
It shall be the duty of the applicant to maintain
each colony so as to not create a public nuisance;
[2]
Colonies shall be maintained in movable frame
hives;
[3]
Hives shall be located only within the rear
yard and shall be situated to maximize sunshine exposure and/or natural
wind protection;
[4]
In no case shall hives be located within 25
feet of any property line; furthermore, any hives located within 75
feet of any adjoining property line or street shall be separated from
such property line or street by a minimum six-foot-high solid fence
or vegetative obstruction that will direct the flight path of the
bees above traffic and pedestrians;
[5]
All hives shall have access to an on-site water
supply; unless a natural water supply exists on the subject property,
the applicant shall furnish a water-filled tank with a board or crushed
rock for the bees to land on;
[6]
Hives shall not be oriented to children's play
areas or neighboring properties; and
[7]
Adequate techniques in handling bees, such as
requeening and adequate hive space, shall be maintained to prevent
unprovoked stinging 75 feet or more from the hive.
(b)
Manure storage facilities, as an accessory use
to a farm, subject to the following regulations:
[1]
All manure storage facilities shall be designed
in compliance with the guidelines outlined in the publication Manure
Management for Environmental Protection, Bureau of Water Quality Management
Publication No. 43, and any revisions, supplements and replacements
thereof, published by the Pennsylvania Department of Environmental
Protection, copies of which are available from the Water Quality Management
in the Department of Environmental Protection's regional offices;
[2]
All manure waste storage facilities' designs
shall be reviewed by the County Conservation District; the applicant
shall furnish a letter from the Conservation District attesting to
approval of the design of the proposed facility; and
[3]
Construction and subsequent operation of the
waste storage facility shall be in accordance with the zoning permit
and the approved design. Any design changes during construction or
subsequent operation will require the acquisition of another review
by the County Conservation District.
[Amended 10-1-2008 by Ord. No. 2008-03]
(c)
Roadside stands for the sale of local agricultural
products, subject to the following:
[Amended 10-1-2008 by Ord. No. 2008-03]
[1]
Any structure used to display such goods shall
be set back at least 30 feet from the edge of the cartway;
[2]
Any structure used to display such goods shall
not exceed 250 square feet in size;
[3]
Any structure must be located at least 50 feet
from any side property line;
[4]
Four off-street parking spaces must be provided;
however, more may be required so that no vehicles are required to
park on the street at any time;
[5]
Any signs shall be attached to the roadside
stand, and shall not exceed 10 square feet in total area;
[6]
All structures housing a roadside stand and
related signs shall require a zoning permit;
[Amended 10-1-2008 by Ord. No. 2008-03]
[7]
No structures housing a roadside stand or accompanying
parking area may be located within a one-hundred-foot clear sight
triangle of any intersection;
[8]
The sight distance to a roadside stand and accompanying
parking area shall be maintained for 75 feet in each direction from
the respective edge of the off-street parking area; and
[9]
No more than one stand per property shall be
permitted.
(d)
No-impact home based business, as defined herein.
(e)
Co-location of communication towers and equipment that comply
with the Pennsylvania Wireless Broadband Collocation Act, subject
to all applicable requirements contained therein.
[Added 6-19-2014 by Ord.
No. 2014-05]
C.
E.
Limitations on subdivision/land development.
(1)
In order to preserve the agricultural tracts, it is
the express intent of the Agricultural Zone regulations that the subdivision
of lots from farms, or the development of nonagricultural uses and
structures on existing farms, shall be limited. In addition, it is
the express intent of these provisions that the maximum size of lots
created for any use other than agriculture be limited in order to
provide for the retention of tracts of sufficient size to be used
for agricultural purposes. It is the intent of the Board of Supervisors
to implement the mandate of Section 604(3) of the Pennsylvania Municipalities
Planning Code[3] to preserve prime agricultural land through the enactment
of these regulations.
[3]
Editor's Note: See 53 P.S. § 10604(3).
(2)
The following table shall be used to determine the
permissible number of lots which may be subdivided, or the number
of new principal uses that may be established, respectively, within
this zone. The lot area calculation contained within the following
table shall be based upon all contiguous land within the Agricultural
Zone held in single and separate ownership, which was held by the
landowner or his/her predecessor(s) in title on the effective date
of this chapter. If such land was not classified within the Agricultural
Zone on the effective date of this chapter, the lot area calculation
shall be based upon the contiguous land held in single and separate
ownership on the date such land was first rezoned to the Agricultural
Zone. For the purposes of this section, land held in single and separate
ownership shall be considered to be contiguous regardless of whether:
(a)
Such land is divided into one or more lots,
parcels, purparts or tracts;
(b)
Such land was acquired by the landowner at different
times or by different deeds or other means; and
(c)
Such land is separated by public or private
streets or rights-of-way.
|
Lot Area
| |||
|---|---|---|---|
|
At Least
|
Less Than
|
Number of New Lots That May be Subdivided
and/or New Principal Uses That May be Established
| |
|
2
|
25
|
1
| |
|
25
|
50
|
2
| |
|
50
|
75
|
3
| |
|
75
|
100
|
4
| |
|
100
|
125
|
5
| |
|
125
|
150
|
6
| |
|
150
|
175
|
7
| |
|
175
|
200
|
8
| |
|
200
|
225
|
9
| |
|
225
|
250
|
10
| |
|
250
|
275
|
11
| |
(3)
It is the purpose and intent of the Agricultural Zone to limit the development of agricultural tracts, regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Pennsylvania Municipalities Planning Code. It is the further purpose and intent of this zone to limit the number of single-family dwellings or other principal nonagricultural buildings which may be erected on any tract within the Agricultural Zone. The condition of the tract on October 27, 1982, or on the date on which the tract was first placed within the Agricultural Zone, or its predecessor the A-2 Zone, shall be the basis from which the maximum development set forth in § 220-12E(2) above shall be calculated.
(4)
No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size, except as set forth in § 220-12F. Any lot existing on October 27, 1982, which is two or fewer acres in size, shall be presumed to be used for residential purposes and the size of such lot shall not be increased to more than two acres.
(5)
A subdivision that merely transfers land from one farm to another farm shall not be counted against the permitted number of lots to be subdivided in § 220-12E(2) above.
(6)
A subdivision to create a lot which will be transferred to the Township, or a municipal authority created by the Township shall not be included when computing the permissible number of lots to be subdivided from a tract, as set forth in § 220-12E(2) above.
(7)
Any subdivision or land development plan hereafter filed shall specify which lot or lots shall carry a right of further subdivision or development, as provided for in § 220-12E(2). Such information shall also be included in the deed for any new lots. If this information is not included on a subdivision or land development plan, it shall be presumed that the largest lot remaining after the subdivision shall carry the right of further subdivision or land development under § 220-12E(2) of this chapter.
(8)
The number of lots which may be created, or single-family
dwellings or other principal nonagricultural buildings which may be
erected, shall be fixed according to the size of the parent tract.
This number shall not be increased by the subdivision of such parent
tract. Any subsequent owner of a parent tract, land remaining in the
parent tract after subdivision, or land which was formerly part of
a parent tract, shall be bound by the actions of his predecessor.
F.
Area and design requirements.[4]
[4]
Editor's Note: The Agricultural Zone Area
and Design Requirements are included at the end of this chapter.
G.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 194-27 of Chapter 194, Subdivision and Land Development. All access drives serving other uses shall be in accordance with § 194-28 of Chapter 194, Subdivision and Land Development. All lanes exclusively serving agriculture, horticulture and/or forestry-related uses shall be exempt from driveway and access drive requirements.
H.
Agricultural nuisance disclaimer. All lands within
the Agricultural Zone are located within an area where land is used
for commercial agricultural production. Owners, residents and other
users of this property may be subjected to inconvenience, discomfort
and the possibility of injury to property and health arising from
normal and accepted agricultural practices and operations, including,
but not limited to, noise, odors, dust, the operation of machinery
of any kind, including aircraft, the storage and disposal of manure,
the application of fertilizers, soil amendments, herbicides, and pesticides.
Owners, occupants and users of this property should be prepared to
accept such inconveniences, discomfort and possibility of injury from
normal agricultural operations, and are hereby put on official notice
that Section 4 of Pennsylvania Act 133 of 1982, "The Right to Farm
Law,"[5] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[5]
Editor's Note: See 3 P.S. § 951
et seq.
I.
Vegetation setback requirement. On any separate nonfarm
parcel, no shrub nor tree shall be planted within 10 feet and 20 feet,
respectively, of any land used for agricultural purposes.
J.
Required conservation plan. Any agricultural, horticultural
or forestry-related uses which involve earthmoving activities, or
the commercial harvesting or timbering of vegetation shall require
the acquisition of an approved conservation plan by the County Conservation
District pursuant to Chapter 102, Erosion Control of Title 25, Rules
and Regulations, Department of Environmental Protection. All on-site
activities shall then be in compliance with the approved conservation
plan.
 |
A.
Purpose. The purpose of the Conservation Zone is to
preserve and protect the Township's sensitive environmental features,
as well as to protect life and property by limiting development in
areas with severe development constraints. Areas zoned Conservation
are characterized by multiple features and constraints, including
steep slopes, woodlands, wildlife habitat, water supply sources, stream
valleys, and floodplains.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry uses, excluding intensive livestock operations and intensive produce operations, subject to the standards listed in § 220-12;
(2)
Aquaculture and fisheries;
(3)
Fire observation towers, provided such towers are
set back a horizontal distance at least equal to their height from
each property line;
(4)
Municipal services and/or public utilities structures;
(5)
Natural areas or wildlife refuges;
(6)
Parks and playgrounds;
(7)
Single-family detached dwellings and seasonal residences;
(9)
Accessory uses customarily incidental to the above
permitted uses, including, but not limited to:
(a)
Family day-care facilities, as defined herein.
(b)
No-impact home based businesses, as defined herein.
(c)
Co-location of communication towers and equipment that comply
with the Pennsylvania Wireless Broadband Collocation Act, subject
to all applicable requirements contained therein.
[Added 6-19-2014 by Ord.
No. 2014-05]
E.
Maximum number of total permitted dwellings or lots.
[Amended 10-1-2008 by Ord. No. 2008-03]
(1)
For each tract of contiguous land in single ownership
(parent tract) as of October 6, 2008, there may be one lot utilized
or subdivided for a single-family detached dwelling for each three
acres.
(2)
Any subsequent owner of any portion of the parent
tract legally existing on the effective date of this chapter shall
be bound by the actions or previous owners, in that such current owner
may only subdivide for purposes of additional single-family dwellings,
the number of lots, if any, remaining from the original number permitted
by this section. Any subdivision or land development plan hereafter
filed for a tract of land in the Conservation Zone shall specify which
lot or lots shall carry with them the right to erect or place thereon
any unused quota of single-family detached dwellings, as determined
by the provision of this section. Regardless of size, no tract of
land subdivided from its parent tract shall qualify for additional
single-family detached dwellings or lots pursuant to this section,
unless such tract of land is assigned any unused quota of permitted
dwellings from the parent tract, as provided for by this section.
(3)
In the event a tract of land which was not classified
as part of the Conservation Zone on the effective date of this chapter,
is hereafter classified as part of the Conservation Zone, the size
and ownership of such tract shall be determined as of the effect date
of the change in the zoning classification.
F.
Lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum lot area of one acre; however, the minimum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by § 220-47 of this chapter.
[Amended 10-1-2008 by Ord. No. 2008-03]
G.
Minimum lot width: 200 feet at the building setback
line and the street right-of-way line; however, the minimum lot width
at the street right-of-way may be reduced to 150 feet if the lot fronts
on a cul-de-sac turnaround.
 |
A.
Purpose. This zone acknowledges and permits the continuation
of sparsely developed areas of the Township. These areas are characterized
by large-lot, detached dwellings and other small-scale service uses
that provide some local conveniences within a rural setting. This
zone will continue these development trends but will impose standards
upon nonresidential uses that will protect nearby residences. No public
utilities are foreseeable within this zone; therefore, larger lot
sizes are used to provide sufficient space to install on-site sewer
and water facilities.
B.
Permitted uses.
(1)
Agriculture, excluding commercial produce and/or livestock operations as defined herein, subject to the requirements of § 220-12 of this chapter;
(2)
Cemeteries;
(3)
Horticulture and forestry uses;
(4)
Municipal services and/or public utilities structures;
(5)
Parks and playgrounds;
(6)
Single-family detached dwellings;
(8)
Accessory uses customarily incidental to the above
permitted uses, including, but not limited to, family day-care facilities
and no-impact home based businesses, both as defined herein.
D.
Required design standards. Except as otherwise noted,
all principal uses shall comply with the following:
|
Minimum Yard Setbacks
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Lot Area
|
Minimum Lot Width
|
Maximum Lot Coverage
|
Front2
|
One Side
|
Both Sides
|
Rear
|
Maximum Permitted Height
|
|
43,560 sq. ft.
|
150 ft.1
|
20%
|
50 ft.
|
25 ft.
|
50 ft.
|
50 ft.
|
35 ft.
|
|
NOTES:
|
|---|
|
1Minimum
lot width shall be measured at the building setback line; minimum
lot width at the frontage can be reduced to 105 feet if the lot fronts
on a cul-de-sac turnaround.
|
|
2The required front yard setbacks vary for properties that conform to the Township’s Corridor Assessment Policy. See § 220-60 of this chapter for additional information.
|
E.
Accessory use design standards.
F.
Agricultural nuisance disclaimer. All lands within
the Rural Residential Zone are located within an area where land is
used for commercial agricultural production. Owners, residents and
other users of this property may be subjected to inconvenience, discomfort
and the possibility of injury to property and health arising from
normal and accepted agricultural practices and operations, including,
but not limited to, noise, odors, dust, the operation of machinery
of any kind, including aircraft, the storage and disposal of manure,
the application of fertilizers, soil amendments, herbicides, and pesticides.
Owners, occupants and users of this property should be prepared to
accept such inconveniences, discomfort and possibility of injury from
normal agricultural operations, and are hereby put on official notice
that Section 4 of Pennsylvania Act 133 of 1982, "The Right to Farm
Law,"[3] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[3]
Editor's Note: See 3 P.S. § 951
et seq.
 |
A.
Purpose. This zone is meant to accommodate suburban
detached residential growth within the Township. This zone coincides
with planned sewer and water utility service areas; however, the actual
availability of these services is likely to occur at different times,
in different areas. As a result, permitted densities have been adjusted
according to the availability of these public utilities. All detached
units that are proposed without the use of public sewers will be required
to be situated to one side of a wider lot, so that future infill development
potentials can be protected in the event public sewers become available.
B.
Permitted uses.
(1)
Agriculture, excluding commercial livestock and/or commercial produce operations, as defined herein, subject to the requirements of § 220-12 of this chapter;
(2)
Cemeteries;
(3)
Forestry uses;
(4)
Municipal services and/or public utilities structures;
(5)
Parks and playgrounds;
(6)
Public schools;
(7)
Single-family detached dwellings;
(10)
Accessory uses customarily incidental to the
above-permitted uses, including, but not limited to, family day-care
facilities and no-impact home based businesses, both as defined herein.
D.
Area and design requirements. See the table below.[2]
[2]
Editor's Note: The Suburban Residential Zone
Area and Design Requirements are included at the end of this chapter.
E.
Accessory use design standards.
 |
A.
Purpose. This zone seeks to accommodate the higher
density housing needs of the Township. A wide range of housing types
are encouraged, with densities exceeding those permitted elsewhere
in the Township. These zones are located around existing, multifamily
developments and major transportation routes. Both public sewer and
water facilities can be made available to these areas, and are a prerequisite
to development.
B.
Permitted uses.
(1)
Cemeteries;
(2)
Duplexes;
(3)
Forestry uses;
(4)
Municipal services and/or public utilities structures;
(5)
Multiple-family dwellings;
(6)
Parks and playgrounds;
(7)
Single-family detached dwellings;
(8)
Townhouses;
(11)
Accessory uses customarily incidental to the
above permitted uses, including, but not limited to, family day-care
facilities and no-impact home based businesses, both as defined herein.
D.
Required design standards. The following tabulates
required design standards.[2]
[2]
Editor's Note: The High Density Residential
Zone Design Standards are included at the end of this chapter.
 |
A.
Purpose. The purpose of this zone is to acknowledge
and continue the tightly knit character of the villages of Reamstown,
Stevens and Reinholds. This area contains narrow and deep lots with
minimal front and side yard setbacks. This zone seeks to acknowledge
and continue these uses. Off-street parking is limited to the rear
yard and front build-to-lines ensure a uniform streetscape. Public
utilities are available and a prerequisite to development.
B.
Permitted uses.
(1)
Churches and related uses;
(2)
Duplexes;
(3)
Forestry uses;
(4)
Municipal services and/or public utilities structures;
(5)
Multiple-family dwellings;
(6)
Parks and playgrounds;
(7)
Single-family detached dwellings;
(10)
Accessory uses customarily incidental to the
above permitted uses, including, but not limited to, family day-care
facilities and no-impact home based businesses, both as defined herein.
D.
Required design standards. The following tabulates
required design standards.[2]
[2]
Editor's Note: The Traditional Residential
Zone Design Standards are included at the end of this chapter.
E.
All off-street parking shall be located within the
rear yard. Any garage used for the parking and/or storage of vehicles
shall be set back no less than 20 feet from an adjoining alley onto
which the garage opens.
 |
A.
Purpose. This zone acknowledges the various mobile
home park sites within the Township, and protects their continued
existence. Should landowners wish to eliminate mobile home parks on
a particular site, various other uses would be permitted. Mobile Home
Park Residential Zones located outside of the Township's urban growth
boundaries (UGBs), as adopted in the East Cocalico Township Comprehensive
Plan (March 1998), are only depicted to acknowledge an existing mobile
home park; these zones should not be extended or enlarged unless they
are located within a UGB.
B.
Permitted uses.
(1)
Agricultural, horticultural and/or forestry-related uses, excluding commercial livestock operations as defined herein, subject to the requirements listed in § 220-12 of this chapter;
(2)
Forestry uses;
(3)
Mobile home parks that existed on the effective date
of this chapter;
(4)
Municipal services and public utilities structures
with no minimum required lot area;
(5)
Parks and playgrounds with no minimum required lot
area;
(8)
Accessory uses customarily incidental to the above
permitted uses including no-impact home based businesses, as defined
herein.
D.
Minimum required lot area and width. Each lot/space
reserved for one mobile home shall contain at least 6,000 square feet,
and have a width of at least 60 feet.
E.
Required utilities. All mobile home parks shall be
served by community or public sewers, and community or public water.
F.
Maximum permitted density. The maximum permitted density
within a mobile home park shall be five units per acre.
G.
Minimum required setbacks. Each mobile home lot/space
shall be arranged to provide the following minimum setbacks:
(1)
Front yard setback. Each mobile home shall be set back from any internal road serving the mobile home park at least 25 feet from the edge of the street cartway where no right-of-way exists. No building, mobile home, or other structure shall be located closer than 40 feet from the street right-of-way of a street that is not internal to the mobile home park. No accessory structures are permitted within the front yard. The required front yard setbacks vary for properties that conform to the Township's Corridor Assessment Policy. See § 220-60 of this chapter for additional information.
(2)
Side yard setbacks. Each mobile home shall be set
back at least 15 feet from each side lot/space lines, except that
such setback shall be increased to 25 feet where it abuts the outside
boundary of the mobile home park. Accessory structures shall be set
back at least five feet from any side lot/space line.
(3)
Rear yard setbacks. Each mobile home and accessory
building shall be set back at least 25 feet from the rear lot/space
line. Accessory structures shall be set back at least five feet from
any rear lot/space line.
(4)
Other building setbacks. The above principal building
setbacks shall also apply to any office, laundry, recreation, social,
or other buildings contained within the mobile home park.
(5)
Minimum setbacks between buildings. Regardless of
the above setback requirements, each mobile home shall be located
at least 30 feet from the closest point of any other mobile home.
H.
Maximum permitted coverage. Within the mobile home
park, no more than 60% of the site shall be covered with impervious
surfaces. No more than 75% of an individual mobile home lot/space
shall be covered with impervious surfaces.
I.
Maximum permitted height. No principal building shall
exceed 25 feet, and no accessory structure shall exceed 20 feet, in
height.
J.
Park regulations.
(1)
Prior to the issuance or renewal of a certificate
of use and occupancy for a mobile home park, the owner thereof shall
file with the Township Zoning Officer a set of mobile home park rules
and regulations.
(2)
Such regulations shall apply to matters of sanitation,
public safety, public open space, and the control of noxious activities
that might endanger the life, safety, health, or general welfare of
the occupants of the park or adjacent properties. The rules and regulations
shall insure the following and the Township may require additional
regulations where deemed such to be in the public interest:
(a)
(b)
The maintenance of clean, orderly and sanitary
conditions at all times;
(c)
Prompt reporting by the manager to the Township
of all cases of persons or animals infected, or suspected of being
infected, by any communicable disease;
(d)
Restrictions to prevent the running loose of
dogs, cats or other animals;
(e)
The maintenance in convenient places, approved
by the Fire Department, of appropriate hand fire extinguishers in
the ratio of one to each mobile home space;
(f)
Prohibition against the burning of trash or
rubbish on the premises, except on such areas and times as may be
specifically provided therefor, subject to the Township BOCA fire
code;
(g)
Prohibition against the use of any mobile home
by a greater number of occupants than that which it is designed to
accommodate;
(h)
Control of rodents, vermin, insects, and other
pests;
(i)
Controls to prevent disorderly conduct or violation
of any law or ordinance upon the premises, and the immediate reporting
of any violation to the proper authorities.
(3)
A copy of the park permit and the park regulations
shall be posted in the office of the park manager.
(4)
This section shall apply to all existing mobile home
parks.
K.
Certificate of use and occupancy. Upon the proper
installation of the mobile home park, the Zoning Officer shall issue
a temporary use and occupancy permit. Such permit shall be reviewed
every 12 months, until such time as the mobile home park is required
to be removed. A fee, in the amount to be set by the Board of Supervisors,
shall be paid by the landowner upon each renewal of the temporary
use and occupancy permit. Such fee shall be based upon the cost of
the annual review of the permit.
 |
A.
Purpose.
(1)
In compliance with Sections 605(2) and 605(3) of the
Act,[1] this zone provides an optional set of design standards
that seek to achieve a "village"-type setting that is characteristic
of much of Lancaster County's built environment and heritage. All
of the design standards of this zone are vital if the "village" atmosphere
is to be achieved. While many of the following requirements deal with
issues that typically transcend zoning jurisdiction, they are provided
as optional "overlay" regulations with substantial density bonuses,
and are, therefore, considered voluntarily self-imposed by prospective
developers, but enforceable by the Township. The substantial density
bonuses have been provided to offset the increased costs of providing
a "high-quality" development that features historic building and streetscape
design with authentic construction materials (e.g., stone, brick,
wood, slate), abundant and diverse native landscape materials, and
other streetscape and public amenities often overlooked within contemporary
suburban neighborhoods.
[1]
Editor's Note: See 53 P.S. § 10605.
(2)
It is the further intent of the Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within this zone of the Township. To this end, the Board of Supervisors may permit the developer to modify the design standards of this § 220-19, if such modification will enable the design of a better development. It is the specific intent of the Board of Supervisors to permit developers to consider and utilize innovative methods of design, so long as the following development objectives are served.
(3)
Some of the specific development objectives of the
zone include the design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of important
natural and cultural features;
(b)
Ensure a diversity of housing types, sizes,
and costs with particular emphasis on scattered-site, affordable housing
opportunities;
(c)
Provide for convenient vehicular access to the
neighborhood's edge but increased reliance upon pedestrian movements
within its bounds;
(d)
Integrate local businesses and trades to enhance
resident convenience and offer limited employment opportunities;
(e)
Make efficient use of local infrastructure and
services;
(f)
Reflect the historic and traditional building
styles abundant within the region;
(g)
Reserve and feature civic uses and open spaces
as community focal points;
(h)
Provide safe, efficient and compatible linkages
with existing, nearby land uses, streets, sidewalks, etc.;
(i)
Invite regular and frequent social interaction
among its inhabitants; and
(j)
Blend all of these above-described features
in a way that promotes community identification and a "sense of belonging"
for the residents.
(4)
These development objectives will be used as a measure
of conformance with any proposed development within this zone.
B.
Relationship to other ordinances and sections of this chapter. The provisions of this § 220-19 establish an overlay district that may be applied to any property within the R-1, R-2 and/or R-3 Residential Zones. This § 220-19 has different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Township shall remain in full force.
C.
Review procedures. It is the intent of this zone to coordinate zoning approval with subdivision and land development approval. All proposals within this zone are strongly encouraged to submit a sketch plan under § 194-8 of Chapter 194, Subdivision and Land Development. During the sketch plan review, the applicant and Township should identify an overall design objective for the site, and "iron out" any fundamental problems associated with the proposed development. Approval of a development within this zone is tied to the successful approval of a subdivision and land development plan that meets with the specific requirements of this zone and all other applicable requirements of this chapter, Chapter 194, Subdivision and Land Development, and any other applicable ordinances. The applicant shall be required to submit any and all of those materials that are needed to effectively demonstrate compliance with such requirements, to the satisfaction of the Board of Supervisors.
D.
Overall community form. A successful design must extend
or enhance the "quality of life" attributed to the layout and context
of the surrounding area. This measure considers the overall character
of the proposed neighborhood with its mixture of uses, as compared
with the character of its surroundings. The development should create
the opportunity to be part of, and be accessible to, a complete community
with housing, employment, schooling, shopping, worship, and recreation.
 |
(1)
Permitted public, civic and open space uses.
(a)
Cemeteries;
(b)
Churches and related uses;
(c)
Community gardens;
(d)
Community gathering facilities (e.g., meeting
house, bandshell, etc.);
(e)
Libraries, museums, and galleries;
(f)
Mass transit depots and passenger shelters;
(g)
Natural settings and open spaces;
(h)
Public and/or nonprofit parks;
(i)
Public uses and public utilities structures;
(k)
Accessory uses customarily incidental to the
above permitted uses.
(2)
Permitted residential uses.
(a)
Single-family detached dwellings;
(b)
Duplexes;
(c)
Townhouses;
(d)
Multiple-family dwellings;
(e)
Conversion apartments, subject to the following
criteria:
[1]
Only one conversion apartment shall be permitted
as an accessory use to a principal owner-occupied, single-family detached
dwelling;
[2]
Each dwelling unit shall contain at least 400
square feet of habitable floor area and shall be confined to a portion
of an accessory building;
[3]
The applicant shall furnish evidence that an
approved system of water supply and public sewage disposal will be
utilized;
[4]
Any extensions or modifications to the external
appearance of the building (except fire escapes) shall complement
its residential character;
[5]
All floors above or below grade shall have a
direct means of escape to ground level; and
[6]
Two off-street parking spaces per unit shall
be provided.
(f)
Family day-care subject to the following criteria:
[1]
A family day-care facility shall offer care
and supervision to no more than six different persons at one time.
[2]
All family day-care facilities shall furnish
a valid registration certificate for the proposed use, issued by the
PA Department of Public Welfare.
[3]
An outdoor play area no less than 400 square
feet in area shall be provided. Such play area shall not be located
within the front yard nor any vehicle parking lot. A minimum four-foot-high
fence shall completely enclose the outdoor play area. Any vegetative
materials located within the outdoor area shall be of a nonharmful
type (poisonous, thorny, allergenic, etc.). All outdoor play areas
must include a means of shade, such as a tree(s) or pavilion(s).
[4]
Passenger "drop-off" and "pickup" areas shall
be provided and arranged so that passengers do not have to cross traffic
lanes on or adjacent to the site.
(g)
Home occupations subject to the following criteria:
[1]
No more than two nonresident employees shall
be permitted;
[2]
Such occupations shall be incidental or secondary
to the use of the property as a residence and are limited to those
occupations customarily conducted within a dwelling unit;
[3]
No more than three off-street parking spaces
shall be permitted on the dwelling lot;
[4]
No goods shall be visible from the outside of
the dwelling;
[5]
The area used for the practice of a home occupation
shall occupy no more than 25% of the total floor area of the dwelling
unit, or 500 square feet, whichever is less. All home occupation activities
shall be conducted within the dwelling building;
[6]
No manufacturing, repairing, or other mechanical
work shall be performed in any open area; such activity shall be conducted
in such a way that no noise, odor, vibration, electromagnetic interference,
or smoke shall be noticeable at or beyond the property line;
[7]
No external storage of materials or products
shall be permitted. No storage in accessory structures or attached
garages shall be permitted;
[8]
The exterior appearance of the structure or
premises is constructed and maintained as a residential dwelling;
and
[9]
One nonilluminated sign, not to exceed two square
feet in display area, shall be permitted.
(h)
No-impact home based business, as defined herein.
(3)
Permitted commercial uses.
(a)
Banks and similar financial uses, including
outdoor tellers if pedestrian-oriented, and no more than two drive-through
lanes;
(b)
Barber, beauty, tanning, and health salons;
(c)
Delicatessens, bakeries, ice cream shops, caterers,
restaurants, and fast-food restaurants;
(d)
Photographic, music, art, and dance studios;
(e)
Professional, medical and/or dental offices;
(f)
Repair of clocks, jewelry, cameras, electronics,
and small household appliances;
(g)
Retail sales and/or rental of goods such as,
but not limited to, antiques, apothecaries, recorded music and video
materials, books, clothing, confections, dry goods, flowers, fresh
or packaged food, furniture, gifts, hardware, jewelry, newspapers,
notions, personal and household supplies, photographic supplies, sporting
goods, stationery, and tobacco (excluding adult-related uses);
(h)
Tailors, off-site dry cleaning, and shoe repair
services;
(i)
Convenience stores as defined herein;
(j)
Commercial day-care facilities, subject to the
following requirements:
[1]
An outdoor play area shall be provided, at a
rate of 100 square feet per individual enrolled. Off-street parking
lots shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard, must be set back 25 feet from
all residential property lines shall be completely enclosed by a minimum
four-foot-high fence, and shall be screened from adjoining residential
properties. Any vegetative materials located within the outdoor play
areas shall be of a nonharmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade, such
as a shade tree(s) or pavilion(s);
[2]
"Enrollment" shall be defined as the largest
number of students and/or children under day-care supervision at any
one time during a seven-day period;
[3]
Passenger "drop-off" and "pickup" areas shall
be provided and arranged so that the passengers do not have to cross
traffic lanes on or adjacent to the site; and
[4]
One off-street parking space shall be provided
for each six students enrolled;
(k)
Accessory uses customarily incidental to the
above permitted uses.
(4)
Required mixture of land uses and housing types. The
following tabulates permitted uses and residential structure types
within the proposed development:
|
Percentage of Dwelling Units Permitted by Structural Type [Uses Listed in § 220-19D(2)]
| ||||
|---|---|---|---|---|
|
Proposed Common Open Space, Public and/or Civic Uses as Listed in § 220-19D(1) but Excluding Public Utilities
(% of Gross Area of the Site)
|
Single-Family Detached
|
Duplex
|
Townhouse, or Multifamily
|
Proposed Local Commercial Uses [see § 220-19D(3)] for Sites That Serve at Least 100 Homes Within a 3-Mile Radius
|
|
Minimum 20%
|
At least 35%; no more than 50%
|
No more than 35%
|
No more than 35%
|
Maximum 5% of gross site area1
|
|
NOTE:
|
|---|
|
1Local commercial
land uses can be increased in size if the applicant can demonstrate
that the proposed location and configuration provides for convenient
and safe pedestrian access for multiple neighborhoods that are not
being served by other nearby commercial uses.
|
(5)
Maximum coverage. In no case shall more than 75% of
the gross acreage of a Village Residential Zone development site be
covered with buildings and/or other impervious surfaces.
(6)
Minimum lot area. All proposed developments must contain
at least 10 acres.
E.
Residential form. A successful project must employ
an integrated and diverse mixture of housing types and costs; it must
also provide such units with qualified architectural designs that
reflect this region's history. Compact residential lots should be
narrow and long with small side yard setbacks; building orientation
should also run perpendicular to the street. Exterior pedestrian access
should connect the front and rear yards for each attached housing
unit (i.e., rowhouse, townhouse and duplex). Uses should rely heavily
upon adjoining on-street parking, and driveways, and off-street parking
should be confined to the rear yard off of alleys.
(1)
Architectural considerations. All proposals within
the Village Residential Zone must incorporate architectural treatments
and styles that complement the region's historic resources. All applications
shall include the preparation of textual and (typical) graphic descriptions
by a commonwealth-registered architect, of proposed architectural
features and styles, which shall be presented for Township consideration
during sketch or preliminary plan review of the subdivision/land development
review process, whichever occurs first.
 |
(2)
Required integration of housing types. Proposed residential
areas are required to integrate a variety of housing types. The objective
is to ensure various unit types share the streetscape and that no
one type dominate large portions of the neighborhood. Developments
that isolate the respective types of housing units (e.g., detached,
duplex, townhouse, and multiple-family) from one another will not
be permitted.
(3)
Residential lot design requirements. See following
table.[3]
[3]
Editor's Note: The Village Overlay Zone Design
Requirements are included at the end of this chapter.
(4)
Residential building design standards. All residences
shall comply with the following:
(a)
Building height. All principal residences shall
be between 1 1/2 and three stories in height. In no case shall
any principal building exceed 40 feet in height. Accessory buildings
shall be no more than 25 feet high.
(b)
Building orientation and porches. All residential
buildings' main entrances shall face the lot's front yard. At least
50% of all detached dwellings located along a public street within
the same block shall include porches within the front yard. When a
dwelling with a porch is located on a corner lot, the porch shall
extend parallel along both front lot lines.
 |
(c)
Residential building width. No residential dwelling
shall be greater than 75 feet wide, as measured parallel, or approximately
parallel, with any street line.
(5)
Vehicular access and park requirements for residences.
Each proposed dwelling unit shall be required to provide space for
three parking spaces. At least one of such spaces must be provided
as an off-street parking space, either on the proposed site of the
residence, or as part of an off-street parking lot/garage. No more
than three off-street parking spaces shall be permitted on an individual
dwelling lot. Where practicable, driveways and off-street parking
shall only be provided in the rear yard and will rely upon alleys
for vehicular access. All on-street parking must be provided within
100 feet of the dwelling unit served to be calculated as part of the
required number of parking spaces;
 |
F.
Commercial form. When provided, commercial land uses
should be confined to one cohesive node or street corridor, ideal
location for commercial uses is central to the neighborhoods served;
however, peripheral locations along existing streets are also acceptable,
so long as the design of such areas serve pedestrians and vehicles
equally well. Commercial areas should be fitted with buildings, signs
and sidewalks that are oriented to invite pedestrian access from the
adjoining neighborhoods. Off-street parking lots, loading areas and
dumpsters should all be separated from view of the adjoining neighborhoods,
and screened from adjoining roads.
(1)
Business timing. No commercial area shall be approved
until such time as at least 100 new dwelling units are also approved
in this zone.
(2)
Location and layout. All commercial land uses shall
be confined to one area that is conveniently accessible to residents
of the development. Preferred designs include those that replicate
"downtown" settings, or commercial courtyards; however, small-scale
neighborhood retail areas that adjoin existing roads are also acceptable
if the design of the shopping center invites safe and convenient pedestrian
access from adjoining neighborhoods.
(3)
Pedestrian access. All commercial areas must be integrated
upon a system of sidewalks and/or pedestrian pathways, so that all
inhabitants of the development and adjoining neighborhoods to be served
will have safe and convenient pedestrian access.
 |
(4)
Proximity to focal point. Where practicable, commercial areas shall be part of, contiguous with, or directly across a street from the prominent focal point, as required in § 220-19H of this chapter.
(5)
Building setback and orientation. Commercial areas
shall consist of storefronts that are principally oriented toward
pedestrian customers. Buildings should present a uniform pattern of
setbacks (except in the case of cafes) that are close to an adjoining
sidewalk or courtyard. Such sidewalks and courtyards should incorporate
lamp posts, trash receptacles, shade trees, pedestrian benches, and
other similar amenities. Neighborhood retail area designs must provide
for an inviting pedestrian entrance and shopping area that does not
require the crossing of heavily traveled access drives, and is visually
separated from off-street parking and loading areas.
(6)
Outdoor cafes. Outdoor restaurant cafes, including
awnings, umbrellas, tables and chairs, and trash receptacles are permitted,
so long as they architecturally and visually complement the overall
appearance and function of the commercial courtyard. All activities
on-site shall be controlled so as not to constitute a nuisance by
means of noise and litter.
(7)
Outdoor display. One sidewalk display bin for retail
merchandise shall be permitted per commercial use between the main
facade of the building and the adjoining sidewalk/courtyard. Such
bin shall be located against the facade and shall not extend more
than four feet perpendicular from it. Sidewalk display bins shall
not exceed an overall length of 15 feet, nor an overall height of
three feet. Sidewalk bins shall only be exhibited during the use's
business hours.
(8)
Business signs. Signs for individual commercial uses shall only include wall signs or roof signs. Overall size shall be limited to six square feet per sign. Each business will be permitted one such sign per entrance. The entire commercial area is also permitted two freestanding planned center signs, at least one of which must be oriented to the pedestrian access. Neighborhood retail area signs shall comply with those requirements listed in § 220-45 of this chapter.
(9)
Required parking. Minimum required off-street parking spaces for commercial uses that are part of a downtown or commercial courtyard are computed on the basis of one per 300 square feet of total floor area, except that convenience stores and/or offices of physicians, dentists and veterinarians shall require one space per 200 square feet of total floor area. In addition, downtown commercial areas and commercial courtyards shall provide for on-street parking adjoining such commercial uses. Within other neighborhood retail areas, a minimum of one off-street parking space shall be provided for each 200 square feet of total floor area, and no on-street parking is required. All off-street parking must be provided within common parking lots, which shall be designed in accordance with § 194-30 of Chapter 194, Subdivision and Land Development. All off-street parking for commercial uses shall be set back no less than 25 feet, and screened from any adjoining property used principally for residential purposes. Furthermore, any access drive to an off-street parking lot must be set back at least 40 feet from the right-of-way lines of any intersecting street, or five feet from a fire hydrant.
(10)
Upper-floor apartment. For each commercial use
within a downtown or commercial courtyard setting, one upper-floor
apartment with a separate ground level access and one off-street parking
space may be provided. No upper-floor apartments are permitted within
a neighborhood retail area.
(11)
Business size. While there are no limits on
the size of commercial buildings and lots, all businesses shall be
selected, sized and designed only to furnish local commercial goods
and services that can be delivered to pedestrian patrons. No business
shall be permitted that, in the opinion of the Board of Supervisors,
exceeds this local pedestrian market.
(12)
Maximum lot coverage: 90%.
(13)
Minimum required setbacks. See following table:
|
Commercial Use
|
Yards Abutting Other Commercial Uses
|
Yards Abutting Open Space, Public, Civic
or Residential Uses
| |
|---|---|---|---|
|
Building
|
None
|
None1
| |
|
Off-Street Parking
|
None
|
25 ft.
| |
|
Off-Street Loading
|
None
|
50 ft.
| |
|
Dumpster
|
None
|
50 ft.
|
|
NOTE:
| |
|---|---|
|
1Buildings within
a neighborhood retail area shall be set back at least 50 feet from
any adjoining residential use.
|
(15)
Height requirements. All buildings within a
"downtown" or commercial courtyard setting shall have two, 2 1/2,
or three stories. All buildings within a neighborhood retail area
shall have between one and three stories.
(16)
Outdoor storage. No outdoor storage is permitted.
(17)
Waste products. Dumpsters may be permitted within
the side or rear yard, provided such dumpsters are screened from any
adjoining roads and/or properties. All dumpsters shall be set back
a minimum of 50 feet from any adjoining properties used for a principal
residence, common open space or public or civic use. All waste receptacles
shall be completely enclosed within a masonry or fenced enclosure
equipped with a self-latching door or gate.
(18)
Architectural considerations. All proposals
within the Village Residential Zone must incorporate architectural
treatments and styles that complement the region's historic resources.
All applications shall include the preparation of textual and (typical)
graphic descriptions by a commonwealth-registered architect, of proposed
architectural features and styles, which shall be presented for Township
consideration during sketch plan review of the subdivision/land development
review process.
G.
Open space form. Important and sensitive natural and
cultural resources shall be integrated and protected as part of the
common open space. Such spaces should invite public use and enjoyment,
unless such use would threaten their integrity. Other open spaces
should be designed to meet their desired purpose. Parklands, where
provided, should be located and improved to invite public use and
enjoyment. Where parklands are not offered, fees in lieu thereof shall
be provided for Township use. All open spaces should include a description
of an acceptable means for their ownership and maintenance.
 |
(1)
Natural and cultural features inventory.
(a)
As part of the sketch plan review process, or
if the applicant decides to only submit a preliminary plan as part
of the preliminary plan review, applicants shall be required to prepare
a natural and cultural features inventory of the site. Qualified experts
must identify and plot each of the following found on the proposed
site:
[1]
One-hundred-year floodplains.
[2]
Steep slopes (greater than 15%).
[3]
Wetlands, streams, ponds, or other water bodies.
[4]
Sinkholes, caves, vistas, or other significant
geologic features.
[5]
Threatened or endangered species habitats.
[6]
Archaeologic resources.
[7]
Historic resources.
[8]
Significant stands of mature trees.
(b)
From this inventory and plot, it shall be incumbent
upon the applicant to demonstrate that the proposed schematic design
of the Village Overlay Zone development minimizes disturbance of,
but integrates and protects these features as part of a meaningful
open space network.
(2)
Proposed parklands. All proposed developments must either dedicate public parklands or provide a fee in lieu thereof, in accordance with § 194-46 of Chapter 194, Subdivision and Land Development. Such dedicated parklands can be part of the open space required by § 220-19D(4). of this chapter, if such space complies with the parkland design requirements listed in § 194-46 of Chapter 194, Subdivision and Land Development.
(3)
Ownership and maintenance of open space. An essential element of the Village Residential Zone development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication, or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in accordance with § 194-46 of Chapter 194, Subdivision and Land Development.
H.
Prominent focal point. Each development shall have
a prominent focal point, some special feature that distinguishes it
from other neighborhoods (e.g., Town Square). This can be an existing
natural feature(s) (big trees/groves, ponds and lakes, scenic views,
etc.) or an existing man-made feature(s) (important civic buildings,
historic sites). The design of the neighborhood shall prominently
feature this resource by orienting streets and finished elevations
to maximize its visibility. In addition, new focal points can be created
by assembling important public/civic amenities with commercial uses,
and then constructing them with impressive architectural style.
 |
I.
Streetscape form. The streetscape must be oriented
to the pedestrian. It should be safe, functional and attractive. Front-to-front
building setbacks should be kept small so as to provide for intimacy
and neighborly interaction. Front porches and stoops should be frequently
incorporated into the front yards. Streetscapes shall generally include
sidewalks on both sides of the cartway; all sidewalks shall include
aprons for access by handicapped persons, according to standards contained
within the latest version of the Pennsylvania Universal Accessibility
Standards. Parallel on-street parking lanes should be used to keep
lot coverages low and street widths narrow. Abundant planting strips
with one shade tree for every 50 feet of linear sidewalk planting
strip is required. Benches, transit stops, streetlights, and street
signs shall be carefully selected to complement the intimate scale
of the streetscape and the historic character of the neighborhood.
Individual postal mailboxes shall be affixed to the building facade,
and street-side fencing must be of a design that, again, complements
the theme of the development.
J.
Circulation system form. A successful project must
extend existing streets/sidewalks and provide for complete vehicular
and pedestrian connection with adjoining neighborhoods. It shall employ
street design standards that favor pedestrian movements along sidewalks
and at intersections. It also separates off-street parking, as viewed
from the streetscape, with the use of alleys and rear-yard parking
spaces/garages. The street system must also allow for extension/connection
associated with future developments, where appropriate. Street system
layout shall also be generally rectilinear (as opposed to curvilinear),
except where significant natural or cultural features dictate otherwise.
(1)
Design standards for streets, sidewalks and alleys.[4]
[4]
Editor's Note: The Design Standards for Streets,
Sidewalks and Alleys are included at the end of this chapter.
(2)
Required right-of-way widths shall be computed by
adding all of the travel lanes, parking lanes and sidewalk/planting
strips proposed for any given segment of road.
(3)
Where practicable, the design of streets, alleys and
sidewalks should provide for through traffic and pedestrian movements,
and should interconnect with existing nearby streets, alleys and sidewalks.
The use of cul-de-sac streets is forbidden, unless accompanied by
plans of future adjacent street connections.
(4)
All intersections of access drives and/or streets
shall provide a three-foot-high clear sight triangle of 30 feet, as
measured along the center line of, and from intersecting rights-of-way
and/or access drives.
K.
Landscape form. Generous landscaping shall be distributed
throughout the development to offer thermal and visual relief. In
those areas of significant natural features, existing vegetation should
be retained and enhanced, if needed. In developed areas, vegetation
shall be selected that best suits its setting and purpose. A variety
of species that are native to the area are required.
L.
Public utility and service requirements. All proposals
within the Village Residential Zone must comply with the following:
(1)
Both public sewer and public water shall be used throughout
the development.
(2)
Where practicable, the retention and regenerative percolation of stormwater runoff shall be designed to blend and function within the natural setting of the site. In such instances, such facilities can be part of the common open space required by § 220-19D(4). Stormwater facilities that, in the opinion of the Board of Supervisors, do not blend and function within the natural setting shall not be computed as part of the common open space required by § 220-19D(4) of this chapter;
(3)
All utility lines shall be located underground and
within public streets, alleys or other public rights-of-way. Any required
utility structures, buildings, pump stations, transformers, or other
similar devices shall be screened from adjoining properties and roads.
(4)
All streets shall be provided with streetlights. Such
streetlights shall be of such design and light intensity to serve
adjoining uses, yet complement the development's historic setting.
 |
(5)
Bus stops shall be placed at appropriate location(s)
along major roads serving the proposed development. Their distribution
shall be such that no residence within the development shall be situated
more than 1,000 feet from its bus stop. Furthermore, the selection
of bus stops shall be logically connected with any existing bus routes.
Bus stops shall consist of a minimum pedestrian node consisting of
one ten-foot-by-twenty-foot sidewalk section, one permanently anchored
park bench, streetlight and a shade tree. Such bus stops shall be
provided, even if existing bus routes do not currently serve the area.
(6)
Applicants are required to obtain a letter from the
fire chief of the company that would provide first-call service to
the proposed development. Such letter should describe any foreseeable
problems regarding fire protection for the proposed development. Particular
attention should focus upon the location of fire hydrants and street
turning radii.
M.
Subsequent revisions within the Village Residential
Zone. Once a development is constructed and occupied within the Village
Residential Zone, subsequent revisions are permitted by right, if
they:
(1)
Do not violate any provisions of this chapter;
(2)
Do not violate any of the standards imposed upon the
entire development;
(3)
Do not violate any conditions attached to the original
approval of the Village Residential Zone; and
(4)
Do not adversely affect the architecture of the approved
existing development.
N.
Modifications of design standards. The Board of Supervisors may permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such approval shall, when making application for approval for a Village Overlay Zone development as required by § 220-19, also make application for approval under this section. The Board of Supervisors shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:
(1)
Such modifications of design standards better serve the intended purposes of this zone, as expressed in § 220-19A;
(2)
Such modifications of design standards would not result
in adverse impact to adjoining properties, nor future inhabitants
within the Village Overlay Zone development;
(3)
Such modifications will not result in an increase
in residential densities permitted for the site; and
(4)
The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria § 220-19N(1) to (3).
A.
Purpose. The purpose of this zone is to acknowledge
and continue a previously approved mixed residential use development
that obtained approval just prior to the latest revisions to this
chapter. The standards of this zone reflect those conditions of the
development that were authorized under the former zoning policies.
B.
Permitted uses.
(1)
Single-family detached dwellings;
(2)
Forestry uses;
(3)
Municipal services and/or public utilities structures;
(4)
Parks and playgrounds;
(6)
Accessory uses customarily incidental to the above
permitted uses, including, but not limited to, family day-care facilities
and no-impact home based businesses, both as defined herein.
E.
Required design standards. The following tabulates
required design standards for uses permitted by right within this
zone.
A.
Purpose. This zone provides suitable locations for
highway-oriented retail, service and entertainment businesses. The
uses may involve outdoor activities and/or storage areas like automobile,
boat and trailer sales and service establishments. The uses provided
in this zone are meant to serve local residents, as well as those
motorists passing through the Township. Access to these areas is provided
by adjoining major roads. Because of the high volumes of traffic on
these adjoining roads, careful vehicular access is required. Specific
setbacks are imposed upon outdoor storage areas to protect adjoining
properties. Lot sizes will be determined by the availability of public
utilities.
 |
B.
Permitted uses.
[Amended 10-5-2005 by Ord. No. 2005-03; 2-15-2006 by Ord. No.
2006-03; 10-1-2008 by Ord. No. 2008-03]
(1)
Adaptive use with more than one principal use of a building that existed on October 6, 2008; or adaptive use with more than one principal use of a building that gained land development approval after October 6, 2008; both subject to the requirements listed in § 220-129.1. of this chapter.
(2)
Agricultural (excluding commercial livestock and/or commercial produce operations, horticultural and forestry uses) subject to the standards listed in § 220-12 of this chapter;
(3)
Banks and similar financial institutions;
(4)
Churches and related uses;
(5)
Dry cleaners, laundries and laundromats;
(6)
Forestry uses;
(7)
Hotels, motels and similar lodging facilities;
(8)
Laboratories;
(9)
Municipal services and/or public utilities structures;
(10)
Offices;
(11)
Recycling collection facilities as an accessory use, provided
such facilities are sufficiently enclosed to prevent the scattering
of debris, the materials collected are removed at regular intervals,
the facility is posted to prohibit the disposal of any material, good
or furnishing that cannot be placed within the actual recycling bin,
and the total size of the facility is less than 300 square feet;
(12)
Restaurants and taverns (but not including drive-through or
fast-food restaurants or nightclubs);
(13)
Retail sale and/or rental of goods and services, when conducted
within a completely enclosed building (including auto parts stores,
without installation);
(14)
Shops for contractors of plumbing, heating, air conditioning,
electrical, roofing, flooring, glass and windows, insulation, carpentry
and cabinetmaking, and other structural components of buildings;
(15)
Theaters and auditoriums;
(16)
Nursery and garden centers;
(17)
Minor municipal service or utility facilities;
(18)
Veterinary offices, excluding animal hospitals as defined herein;
(21)
Parking lots as an accessory use to a manufacturing or warehousing
facility, provided the parking is located on a split-zoned property
partially located in the I-1 or I-2 District. When such parking lots
are used for truck or trailer parking, appropriate landscape buffers
(such as evergreens, including trees, hedges, or shrubs, in combination
with earth berms) must be installed to screen the parking area from
view of adjacent street rights-of-way, except in situations where
the parking lot is abutted by a limited access highway, in which case
the aforementioned screening shall not be required. The applicant
must demonstrate that the proposed landscape buffer, once fully mature,
will adequately screen the proposed parking facilities, taking into
consideration any topographic differences between the right-of-way
and the facilities.
[Added 11-18-2021 by Ord. No. 2021-04[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(21) as Subsection B(22).
(22)
Accessory uses customarily incidental to the above permitted
uses, including but not limited to accessory day-care facilities,
as defined herein and the occupancy of a single dwelling unit within
the same building as a principal commercial use, provided the building
existed as a principal detached residence on October 6, 2008.
C.
E.
Lot area, lot width, and lot coverage requirements.
See the following table:
|
Required Public Utilities
|
Minimum Lot Area
|
Minimum Lot Width
|
Maximum Lot Coverage
| |
|---|---|---|---|---|
|
None
|
43,560 sq. ft.1
|
200 feet
|
55%
| |
|
Public Water
|
32,670 sq. ft.1,2
|
150 feet
|
60%
| |
|
Public Sewer
|
20,000 sq. ft.2
|
125 feet
|
65%
| |
|
Both Public Sewer and Public Water
|
20,000 sq. ft.2
|
125 feet
|
70%
|
|
NOTES:
| |
|---|---|
|
1All uses relying upon on-lot sewers shall comply with § 220-47 of this chapter.
| |
|
2All uses with lot
sizes of less than one acre shall be required to make use of a shared
access drive and shared off-street parking with one or more adjoining
uses.
|
F.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except permitted signs) and outdoor loading areas shall be set back at least 35 feet from the street right-of-way; off-street parking lots and outdoor storage areas shall be set back a minimum of 20 feet from the street right-of-way. The required front yard setbacks vary for properties that conform to the Township's Corridor Assessment Policy. See § 220-60 of this chapter for additional information.
(2)
Side yard setback. All buildings and structures (except
permitted signs) shall be set back at least 25 feet from the side
lot lines. Off-street parking lots, loading areas, and outdoor storage
areas shall be set back at least 10 feet from the side lot lines,
unless joint parking facilities are shared by adjoining uses. In such
instances, one of the side yard setbacks can be waived solely for
parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street
parking lots, loading areas, and outdoor storage areas shall be set
back at least 15 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within
a residential zone shall maintain a twenty-foot setback for nonresidential
buildings, structures, off-street parking lots, loading areas and
outdoor storage areas, from the residentially zoned parcels. Such
areas shall be used for a landscape strip and screen.
G.
Maximum permitted height: 35 feet, except that buildings
up to 50 feet in height are permitted when set back at a distance
at least equal to their height from all property lines. Prior to granting
approval for any occupied structure over 35 feet in height, the applicant
shall be required to obtain a letter from the Fire Chief of the "primary
call" fire company determining that the building has adequate fire
suppression equipment and/or that adequate fire-fighting and rescue
capabilities exist to serve such a structure.
H.
Off-street loading. Off-street loading shall be provided, as specified in § 194-31 of Chapter 194, Subdivision and Land Development. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided, as specified in § 220-42 of this chapter.
K.
Driveway and access drive requirements. All driveways serving single-family dwellings shall be in accordance with § 220-40 of this chapter. All access drives serving other uses shall be in accordance with § 194-28 of Chapter 194, Subdivision and Land Development, except that a use shall be limited to one access drive per road frontage, unless said frontage exceeds 300 feet, in which case, one additional access drive shall be permitted.
L.
Screening. A visual screen must be provided along any existing residential use and any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 220-44 of this chapter.)
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-44 of this chapter.)
(2)
A minimum ten-foot-wide landscape strip shall be provided
along all property lines. Such landscape strip can be waived for that
portion of the site occupied by a joint parking lot and/or loading
area shared by adjoining uses.
N.
Waste products. Dumpsters may be permitted within
the side or rear yard, provided such dumpsters are screened from any
adjoining roads or properties. All dumpsters shall be set back a minimum
of 50 feet from any adjoining residentially zoned properties. All
waste receptacles shall be completely enclosed within a fenced or
masonry enclosure, equipped with a self-latching door or gate.
O.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 220-48 of this chapter.
P.
Outdoor storage. Within this zone, only the outdoor
storage of vehicles, heavy equipment trailers, recreational vehicles,
mobile homes, nursery and garden stock, sheds, playground equipment,
pet houses and other similar outdoor appurtenances is permitted, provided
all outdoor storage areas comply with the setbacks imposed within
this section.
 |
A.
Purpose. The purpose of this zone is to provide suitable
locations for businesses that rely on a regional market area for customers.
The uses permitted include a wide range of retail goods. The large
minimum lot size protects the regional character of development by
encouraging large uses, or an integration of smaller ones. The areas
designated for this zone have premium vehicular access and exposure
around major roads. Design standards are imposed to create an attractive,
well-landscaped setting with abundant convenient parking and coordinated
signage.
B.
Permitted uses.
(1)
Agriculture, excluding commercial livestock and/or commercial produce operations, subject to the applicable regulations of § 220-12 of this chapter;
(2)
Automobile parts stores and automobile service and
repair facilities, if accessory to a department or variety store;
(3)
Banks and similar financial institutions;
(4)
Fast-food restaurants, if within an enclosed shopping
center or mall, and no direct outside access to the restaurant is
provided;
(5)
Forestry uses;
(6)
Municipal services and/or public utilities structures;
(7)
Offices (business and professional);
(8)
Restaurants and taverns (but not including drive-through
or fast-food restaurants or nightclubs);
(9)
Retail sales of goods and services (including auto
parts without installation) with a gross floor area of less than 20,000
square feet;
(10)
Theaters and auditoriums;
(12)
Adaptive use with more than one principal use of a building that existed on October 6, 2008; or adaptive use with more than one principal use of a building that gained land development approval after October 6, 2008; both, subject to the requirements listed in § 220-129.1 of this chapter.
[Added 10-1-2008 by Ord. No. 2008-03[2]]
[2]
Editor’s Note: This ordinance also provided for the
renumbering of former Subsection B(12) as Subsection B(14).
(14)
Accessory uses customarily incidental to the
above permitted uses, including accessory day-care facilities, as
defined herein, and excluding the retail sales of vehicle fuels.
E.
Lot area requirements. Unless otherwise specified,
each use within this zone shall have a minimum lot size of five acres.
For the purpose of this section, a "use" can include several businesses
that are developed in a coordinated fashion (e.g., joint parking lots,
access drives, loading areas, landscaping, signage, etc.) that functions
as one development site and satisfies all of those requirements imposed
upon this zone.
F.
Minimum lot width: 300 feet.
G.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except permitted signs) and off-street loading areas shall be set back at least 50 feet from the street right-of-way lines. Off-street parking lots shall be set back at least 25 feet from street right-of-way lines. The required front yard setbacks vary for properties that conform to the Township's Corridor Assessment Policy. See § 220-60 of this chapter for additional information.
(2)
Side yard setbacks. All buildings and structures shall
be set back at least 50 feet from the side lot lines. Off-street parking
lots and loading areas shall be at least 25 feet from side lot lines,
unless joint parking facilities are shared by adjoining uses. In such
instances, one of the required side yard setbacks can be waived for
parking lots only.
(3)
Rear yard setback. All buildings and structures shall
be set back at least 50 feet from the rear lot line. Off-street parking
lots and loading areas shall be set back at least 25 feet.
(4)
Residential buffer strip. Any lot adjoining land within
a residential zone shall maintain a fifty-foot setback for buildings,
structures, off-street parking lots, and loading areas from the residentially
zoned parcels. Such areas shall contain a fifty-foot-wide landscape
strip, and a screen.
H.
Maximum permitted height: 35 feet, except that buildings
up to 50 feet in height are permitted when set back at a distance
at least equal to their height from all property lines. Prior to granting
approval for any occupied structure over 35 feet in height, the applicant
shall be required to obtain a letter from the Fire Chief of the "primary
call" fire company determining that the building has adequate fire
suppression equipment and/or that adequate fire-fighting and rescue
capabilities exist to serve such a structure.
I.
Maximum lot coverage: 70%.
J.
Outdoor storage. No outdoor storage shall be permitted, except as provided for in § 220-56 of this chapter.
K.
Off-street loading: Off-street loading shall be provided, as specified in § 194-31 of Chapter 194, Subdivision and Land Development. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
L.
Off-street parking: Off-street parking shall be provided, as specified in § 220-42 of this chapter.
O.
Screening. A vegetative screen must be provided along any lands adjoining a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 220-44 of this chapter.)
P.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A twenty-five-foot landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot, shared by adjoining uses (see § 220-44).
Q.
Waste products. Dumpsters used for domestic garbage
may be permitted within the side or rear yard, provided such dumpsters
are screened from adjoining roads and properties. All dumpsters shall
be set back at least 50 feet from all lot lines. All waste receptacles
shall be completely enclosed within a fenced or masonry enclosure,
equipped with a self-latching door or gate.
R.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 220-48 of this chapter.
 |
A.
Purpose. This zone provides for a range of light industrial
activities that contribute to the well-being of the Township by diversifying
its economy and providing valuable employment opportunities. The required
lot sizes have been kept small to accommodate the start-up industries
that are likely to emerge; however, larger industrial parks have also
been permitted. These areas have been located near existing public
utility service areas and along major roads. Design standards have
been imposed to create attractive site designs and moderate the objectionable
impacts associated with industrial uses. Substantial setbacks are
used to protect adjoining residences.
B.
Permitted uses.
(1)
Agriculture (excluding commercial livestock and commercial produce operations), subject to the applicable standards listed in § 220-12 of this chapter;
(2)
Bookbinding, printing and publishing operations;
(3)
Excavation contractors;
(4)
Facilities for the commercial processing and warehousing
of agricultural products;
(5)
Facilities for the warehousing, sales and service
of agricultural vehicles, equipment, feed, or supplies;
(6)
Forestry uses;
(7)
Health and recreation clubs;
(8)
Laboratories for medical, scientific or industrial
research and development;
(9)
Machine shop;
(10)
Manufacturing, packaging, storage and/or wholesaling
of the following:
(a)
Furniture, cabinets, fixtures, office supplies,
and other household appointments;
(b)
Scientific, specialized and technical instruments
and equipment;
(c)
Audiovisual components, computers, vending machines,
electronic equipment and video games;
(d)
Finished textile products;
(e)
Brushes, brooms and combs;
(f)
Hot tubs, spas, saunas, and swimming pools;
(g)
Jewelry, and other precious metals;
(h)
Photographic, lighting and timekeeping equipment;
(i)
Small household appliances, excluding major
appliances;
(j)
Musical instruments and sporting equipment;
(k)
Cosmetics, toiletries and pharmaceuticals;
(l)
Optical, dental, and medical supplies and equipment;
(m)
Small or novelty products from prepared materials;
(n)
Paints, varnishes, lacquers, enamels, adhesives,
and allied solvents; and
(o)
Vehicles and machinery normally associated with
domestic use (e.g., recreation vehicles, personal trailers, personal
vehicle trailers, livestock trailers and other similar vehicles.
(11)
Municipal services and public utilities structures;
(12)
Offices;
(14)
Recycling collection facilities as an accessory
use, provided such facilities are sufficiently enclosed to prevent
the scattering of debris, the materials collected are removed at regular
intervals, the facility is posted to prohibit the disposal of any
material, good or furnishing that cannot be placed within the actual
recycling bin, and the total size of the facility is less than 300
square feet;
(15)
Repair shops for products permitted to be manufactured
in this zone;
(16)
Sales, storage and/or wholesaling of the following:
(17)
Sign makers;
(18)
Small engine repair shops;
(19)
Veterinary offices or animal hospitals;
(20)
Vocational and mechanical trade schools;
(21)
Welding shops;
(24)
Adaptive use with more than one principal use of a building that existed on October 6, 2008; or adaptive use with more than one principal use of a building that gained land development approval after October 6, 2008; both subject to the requirements listed in § 220-129.1. of this chapter.
[Added 10-1-2008 by Ord. No. 2008-03]
(25)
Shops for contractors of plumbing, heating, air-conditioning,
electrical, roofing, flooring, glass and windows, insulation, carpentry
and cabinetmaking, and other structural components of buildings;
[Added 10-3-2019 by Ord.
No. 2019-07[3]]
[3]
Editor's Note: This ordinance also redesignated former Subsection
B(25) as Subsection B(27).
(26)
Community gathering facilities, special event facilities, and
banquet and social halls.
[Added 10-3-2019 by Ord.
No. 2019-07]
(28)
Accessory uses customarily incidental to the
above permitted uses including accessory retail sales of products
produced on-site so long as the sales area is no more than 10% of
the total building area or 3,000 square feet, whichever is less, and
accessory day-care facilities, as defined herein.
C.
Special exception uses (subject to the review procedures of § 220-142C).
(1)
Automobile, boat, farm machinery, recreational vehicle and trailer sales, service and/or repair facilities (see § 220-69).
[Amended 10-1-2008 by Ord. No. 2008-03]
(4)
Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, tractor trailers, buses, mobile homes and other similar machinery (see § 220-94).
[Amended 10-1-2008 by Ord. No. 2008-03]
E.
Lot area requirements. Unless otherwise specified,
each use within this zone shall have a minimum lot size of 43,560
square feet.
F.
Maximum lot coverage: 75%.
G.
Minimum lot width: 200 feet.
H.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs), off-street loading areas, dumpsters and outdoor
storage areas shall be set back at least 40 feet from the adjoining
right-of-way, except that the front yard setback shall be 50 feet
when adjoining lands are directly opposite a residential zone. All
parking lots shall be set back at least 20 feet from any adjoining
right-of-way. The required front yard setbacks vary for properties
that conform to the Township's Corridor Assessment Policy.
[Amended 10-3-2019 by Ord. No. 2019-09]
(2)
Side yard setbacks. All buildings, structures (except
permitted signs), dumpsters, and off-street loading areas shall be
set back at least 30 feet from any side property lines. All outdoor
storage areas and off-street parking lots shall be set back at least
20 feet from any side lot lines, unless joint parking lots and/or
loading areas are shared by adjoining uses. In such instances, one
of the side yard setbacks can be waived solely for parking and/or
loading facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters,
and off-street loading areas shall be set back at least 30 feet from
any rear property lines. All outdoor storage areas and off-street
parking lots shall be set back at least 20 feet from any rear lot
lines.
(4)
Residential buffer strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a fifty-foot setback for buildings, structures, dumpsters, outdoor storage areas, off-street loading, and off-street parking areas from the residential zone. All of these setback areas shall be devoted to landscaping. (See § 220-44.)
(5)
Accessory recreation uses. These facilities can be
developed in any side or rear yard to within 25 feet of any property
line.
(6)
Lots improved and used prior to December 8, 2003. For lots that were
lawfully improved with buildings and structures prior to December
8, 2003, and which lots, buildings and structures do not comply with
the current required setbacks or have other dimensional nonconformities,
the Board of Supervisors during the land development approval and
review process may authorize a reduction in the front, side and rear
yard setbacks, a reduction in the residential buffer strip and other
modifications to site design requirements to allow for reasonable
use and expansion of properties developed prior to December 8, 2003;
provided that adjoining residentially zoned and used properties shall
be adequately screened from any proposed expansion.
[Added 10-3-2019 by Ord.
No. 2019-07]
I.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 50 feet, except that those uses listed in § 220-34 of this chapter may extend up to a maximum of 75 feet when erected upon or as an integral part of a building. No part of any structure exceeding 50 feet in height shall be located closer to the nearest property line than its height.
J.
Off-street loading. Off-street loading shall be provided, as specified in § 194-31 of Chapter 194, Subdivision and Land Development. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
K.
Off-street parking. Off-street parking shall be provided, as specified in § 220-42 of this chapter.
N.
Screening. A visual screen must be provided along any adjoining lands with an existing residence and/or within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 220-44 of this chapter.)
O.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-44 of this chapter.)
(2)
A minimum twenty-foot-wide landscape strip shall be
provided along all property lines. Such landscape strip can be waived
for that portion of the site occupied by a joint parking lot and/or
loading area shared by adjoining uses.
P.
Waste products. Dumpsters may be permitted within
the side or rear yard, provided such dumpsters are screened from any
adjoining roads or properties. All dumpsters shall be set back a minimum
of 50 feet from any adjoining residentially zoned properties. All
waste receptacles shall be completely enclosed within a fenced or
masonry enclosure, equipped with a self-latching door or gate.
Q.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations refer to § 220-48 of this chapter.
R.
Outdoor storage. Within the (I-1) Zone, outdoor storage
is permitted, provided all outdoor storage areas are screened from
adjoining roads and properties, and they comply with all of those
setbacks specifically imposed thereon, listed in this section.
 |
A.
Purpose. This zone reserves locations for large-scale
and heavy industries that have existed within the Township for some
time. The uses permitted in this zone require considerable scrutiny
for their potential impacts to surrounding properties, as well as
the Township as a whole. Consequently, all of the heavy and large-scale
uses require special exception approval so that the local officials
and the public have an opportunity to fully consider the proposed
use and its impacts. Design standards are deliberately strict so as
to mitigate the considerable impacts these uses can generate.
B.
Permitted uses.
(2)
Forestry uses;
(3)
Concrete and asphalt manufacturing and the processing,
reprocessing and/or recycling of mineral and/or mineral derived materials;
(4)
Municipal services and/or public utilities structures;
[Added 2-15-2006 by Ord. No. 2006-03]
(6)
Adaptive use with more than one principal use of a building that existed on October 6, 2008; or adaptive use with more than one principal use of a building that gained land development approval after October 6, 2008; both subject to the requirements listed in § 220-129.1 of this chapter.
[Added 10-1-2008 by Ord. No. 2008-03[2]]
[2]
Editor’s Note: This ordinance also provided for the
renumbering of former Subsection B(6) as Subsection B(7).
(8)
Accessory uses customarily incidental to the above
permitted uses, including, but not limited to, accessory day-care,
as defined herein.
C.
Special exception uses (subject to the review procedures of § 220-142C).
(3)
Automobile, boat, farm machinery, recreational vehicle and trailer sales, service and/or repair facilities (see § 220-69);
[Amended 10-1-2008 by Ord. No. 2008-03]
(6)
Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, tractor trailers, buses, mobile homes and other similar machinery (see § 220-94.)
[Amended 10-1-2008 by Ord. No. 2008-03]
(13)
Septage and spent mushroom compost processing and/or commercial mushroom operations (see § 220-119);
D.
Lot area requirements. Unless otherwise specified,
each use within this zone shall have a minimum lot size of five acres.
E.
Maximum lot coverage: 70%.
F.
Minimum lot width: 300 feet.
G.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs), off-street loading areas, dumpsters and outdoor
storage areas shall be set back at least 40 feet from the adjoining
right-of-way, except that the front yard setback shall be 50 feet
when adjoining lands are directly opposite a residential zone. All
parking lots shall be set back at least 20 feet from any adjoining
right-of-way. The required front yard setbacks vary for properties
that conform to the Township's Corridor Assessment Policy.
[Amended 10-3-2019 by Ord. No. 2019-09]
(2)
Side yard setbacks. All buildings, structures (except
permitted signs), dumpsters, and off-street loading areas shall be
set back at least 30 feet from any side property lines. All outdoor
storage areas and off-street parking lots shall be set back at least
20 feet from any side lot lines, unless joint parking lots and/or
loading areas are shared by adjoining uses. In such instances, one
of the side yard setbacks can be waived solely for parking and/or
loading facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters,
and off-street loading areas shall be set back at least 30 feet from
any rear property lines. All outdoor storage areas and off-street
parking lots shall be set back at 25 feet from any rear lot lines.
(4)
Residential buffer strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a one-hundred-foot setback for buildings, structures, dumpsters, outdoor storage areas, off-street loading, and off-street parking areas from the residential zone. All of these setback areas shall be devoted to landscaping. (See § 220-44.)
(5)
Accessory recreation uses. These facilities can be
developed in any side or rear yard to within 50 feet of any property
line.
H.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 50 feet, except that those uses listed in § 220-34 of this chapter may extend up to a maximum of 75 feet when erected upon, or as an integral part of, a building. No part of any structure exceeding 50 feet in height shall be located closer to the nearest property line than its height.
I.
Off-street loading. Off-street loading shall be provided, as specified in § 194-31 of Chapter 194, Subdivision and Land Development. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
J.
Off-street parking. Off-street parking shall be provided, as specified in § 220-42 of this chapter.
M.
Screening. A visual screen must be provided along any adjoining lands with an existing residence and/or within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 220-44 of this chapter.)
N.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-44 of this chapter.)
(2)
A minimum twenty-foot-wide landscape strip shall be
provided along all property lines. Such landscape strip can be waived
for that portion of the site occupied by a joint parking lot and/or
loading area shared by adjoining uses.
O.
Waste products. Dumpsters may be permitted within
the side or rear yard, provided such dumpsters are screened from any
adjoining roads or properties. All dumpsters shall be set back a minimum
of 100 feet from any adjoining residentially zoned properties. All
waste receptacles shall be completely enclosed within a fenced or
masonry enclosure, equipped with a self-latching door or gate.
P.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations refer to § 220-48 of this chapter.
Q.
Outdoor storage. Within the (I-2) Zone, outdoor storage
is permitted, provided all outdoor storage areas are screened from
adjoining roads, and R, R-1, R-2, R-3, MHP, and/or VO Zones, and they
comply with all of those setbacks specifically imposed thereon, listed
in this section.
A.
Purpose. The purpose of this zone is to reserve appropriate
areas of the Township for quarrying and processing of quarry raw materials,
to provide reasonable standards for quarry operations in order to
prevent conditions which would interfere with the enjoyment or use
of other properties, and to allow uses of a temporary nature in locations
premature for quarrying.
B.
Permitted uses. All permitted uses within this zone, except quarries and other extractive-related uses, are subject to the applicable design standards listed in § 220-13 of this chapter.
(1)
Agricultural, horticultural and forestry uses, including
one single-family detached dwelling contained on the site;
(2)
Parks and playgrounds;
(3)
Public utilities structures;
(4)
Quarries and other extractive-related uses;
(5)
Minor municipal service or utility facilities;
[Added 2-15-2006by Ord. No. 2006-03]
C.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 50 feet, except that those uses listed in § 220-34 of this chapter may extend up to a maximum of 75 feet when erected upon or as an integral part of a building, and such area shall not be habitable. No part of any structure exceeding 50 feet in height shall be located closer to the nearest property line than its height. For the purposes of this section, structural height for uses contained within the quarry pit shall be measured from the average grade of the surface located just beyond the quarry pit.
D.
Off-street loading. Off-street loading shall be provided, as specified in § 194-31 of Chapter 194, Subdivision and Land Development. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
E.
Off-street parking. Off-street parking shall be provided, as specified in § 220-42 of this chapter.
H.
Screening. A visual screen must be provided along any adjoining lands with an existing residence and/or within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 220-44 of this chapter.)
I.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, active quarry operations, stockpiles and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-44 of this chapter.)
(2)
A minimum twenty-foot-wide landscape strip shall be
provided along all property lines. Such landscape strip can be waived
for that portion of the site occupied by a joint parking lot and/or
loading area shared by adjoining uses and along property lines that
adjoin another property within the Quarry or Heavy Industrial Zones.
J.
Waste products. Dumpsters may be permitted within
the side or rear yard, provided such dumpsters are screened from any
adjoining roads or properties. All dumpsters shall be set back a minimum
of 50 feet from any adjoining residentially zoned properties. All
waste receptacles shall be completely enclosed within a fenced or
masonry enclosure, equipped with a self-latching door or gate.
K.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 220-48 of this chapter.
L.
Outdoor storage. Within the (Q) Zone, outdoor storage
is permitted, provided all outdoor storage areas are screened from
adjoining roads and properties, and they comply with all of those
setbacks specifically imposed upon the respective use.
[Amended 4-6-2005 by Ord.
No. 2005-02; 2-7-2007 by Ord. No. 2007-02; 10-1-2008 by Ord. No. 2008-03; 6-19-2014 by Ord. No. 2014-05; 3-17-2016 by Ord. No.
2016-02]
 |
|
Statutory authorization. The Legislature of the Commonwealth
of Pennsylvania has, by the passage of the Pennsylvania Flood Plain
Management Act of 1978[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of East Cocalico does hereby order
as follows.
|
A.
Purpose.
(1)
The Floodplain Zone, as defined in § 220-26B, includes the areas of East Cocalico Township which are subject to periodic inundation by floodwaters. This inundation results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, impairment of the tax base, and other adverse effects on the public health, safety and general welfare.
(2)
In the interest of public health, safety and welfare, the regulations
of the Floodplain Zone are designed and intended to protect floodplain
areas subject to, and necessary for, floodwaters, to permit and encourage
the retention of open land uses so located and utilized, and to guide
incompatible development into more appropriate zoning districts.
(3)
In advancing these principles and the general purposes of this chapter and the Comprehensive Plan, and as a supplement to § 220-2 of this chapter, the specific intent of this zone includes the following:
(a)
To regulate uses, activities and development which, 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)
To restrict or prohibit certain uses, activities and development
from locating within areas subject to flooding;
(c)
To require all those uses, activities and developments that
do occur in flood-prone areas to be protected and/or floodproofed
against flooding and flood damage; and
(d)
To protect individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
(e)
To designate a Floodplain Administrator.
[1]
The Zoning Officer is hereby appointed to administer and enforce
this section and is referred to herein as the "Floodplain Administrator."
[2]
The Floodplain Administrator may fulfill the duties and responsibilities
set forth in these regulations, delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees, or enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
[3]
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
B.
Designation of Floodplain Zone.
(1)
Areas to be regulated under this section shall be those classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) prepared for the Township by the Federal Emergency Management Agency, dated April 5, 2016, or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study, and any community identified flood hazard areas. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by East Cocalico Township and declared to be a part of this chapter. In addition, areas to be regulated under this section shall be those areas defined below in § 220-26B(3).
(2)
The FEMA Flood Insurance Rate Maps (FIRMs) are available at the Township
office, and are hereby incorporated by reference.
(3)
The identified floodplain area shall consist of the following specific
areas:
(a)
The Floodway Area shall be those areas identified in the FIS
and the FIRM as "Floodway" and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
Within any floodway area, or any area measured 50 feet landward
from the top-of-bank of any watercourse, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection regional office and the Township.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
(c)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(d)
All areas that meet the definition of a "floodplain area" as
defined herein along all streams identified on the Township Riparian
Buffer Overlay Zone Map, using best available topographic data and
locally derived information such as flood of record, historic high
water marks, soils or approximate study methodologies.
(e)
In lieu of the above, the municipality may, when deemed appropriate,
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 municipality.
C.
Boundary disputes; changes.
(1)
The areas considered to be floodplains may be revised or modified
by the Board of Supervisors where studies or information provided
by a qualified agency or person documents the need or possibility
for such revision.
(2)
No modification or revision of any area identified as being floodplain
in the Flood Insurance Study, prepared by the Federal Emergency Management
Agency (FEMA), shall be made without prior approval from the Federal
Emergency Management Agency (FEMA).
(3)
Should a dispute arise concerning the identification of any floodplain, an initial determination shall be made by the Zoning Officer. Any person aggrieved by this decision claiming that the Floodplain Map is, or has become, incorrect by reason of changes due to natural or other causes, or that the criteria has been improperly applied, may appeal to the Zoning Hearing Board, as provided in § 220-141 of this chapter. The burden of proof shall be on the appellant.
(4)
The identified floodplain area may be revised or modified by the
Board of Supervisors where studies or information provided by a qualified
agency or person documents the need for such revision. However, prior
to any such change to the special flood hazard area, approval must
be obtained from FEMA. Additionally, as soon as practicable, but not
later than six months after the date such information becomes available,
a community shall notify FEMA of the changes to the special flood
hazard area by submitting technical or scientific data.
D.
General use requirements.
(1)
All uses, activities and development occurring within any floodplain area shall be undertaken only in strict compliance with the provisions of this chapter, and with all other applicable codes and ordinances, such as Chapter 194, Subdivision and Land Development. In addition, all such uses, activities and developments shall be undertaken only in compliance with federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
(2)
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodway of any watercourse,
drainage ditch, or any other drainage facility or system.
(3)
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the Township, a permit shall be obtained from the Pennsylvania
Department of Environmental Protection.
(4)
Further, notification of the proposal by the Township shall be given
to all affected adjacent municipalities. Copies of such notification
shall be forwarded to both the Federal Emergency Management Agency
(FEMA) and the Pennsylvania Department of Community and Economic Development,
Governor's Center for Local Government Services.
(5)
Special requirements for subdivisions and development. All subdivision
proposals and development proposals in identified floodplain areas
where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a Conditional Letter of Map Revision and Letter of Map Revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant. Notwithstanding the foregoing, where a subdivision plan
proposes only changes in lot lines, the applicant is not required
to submit hydrologic and hydraulic engineering analyses that determine
BFEs and floodway information.
(6)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BUILDING
CHANNEL
CHANNEL FLOW
COMPLETELY DRY SPACE
DEVELOPMENT
EARTHMOVING ACTIVITY
ESSENTIALLY DRY SPACE
FILL
FIVE-HUNDRED-YEAR FLOOD
FLOOD
FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD OF RECORD
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HAZARDOUS MATERIAL
HAZARDOUS WASTE
(a)
(b)
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
IDENTIFIED FLOODPLAIN AREA
INTERNATIONAL BUILDING CODE (IBC) 2009 OR THE LATEST EDITION
THEREOF
INTERNATIONAL RESIDENTIAL BUILDING CODE (IRC) 2009 OR THE LATEST
EDITION THEREOF
LAND DEVELOPMENT
(a)
[1]
[2]
(b)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MAXIMUM FLOOD ELEVATION
MEAN SEA LEVEL
MINOR REPAIR
NEW CONSTRUCTION
OBSTRUCTION
ONE-HUNDRED-YEAR FLOOD
ONE-HUNDRED-YEAR FLOOD BOUNDARY
ONE-HUNDRED-YEAR FLOOD ELEVATION
PERSON
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
UNIFORM CONSTRUCTION CODE (UCC)
UNIFORM CONSTRUCTION CODE COORDINATION
VIOLATION
WATERCOURSE
Within this § 220-26, words and phrases shall be presumed to be used in their normal context, unless such word or phrase is defined differently as follows:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
The flood having a one-percent chance of being equaled or
exceeded in any given year (also called the one-hundred-year flood
or one-percent annual chance flood).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
That water which is flowing within the limits of a defined
channel.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction, and
the moving, depositing or storing of soil, rock or earth.
A space which will remain dry during flooding, except for
the passage of some water or minor seepage; the structure is substantially
impermeable to the passage of water.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including, but not limited
to, levees, bulkheads, dikes, jetties, embankments, and causeways.
A flood that, on the average, is likely to occur once every
500 years.
A temporary inundation of normally dry land areas.
The projected heights, in relation to the North American
Vertical Datum of 1988 (NAVD 88), reached by floods of various magnitudes
and frequencies in the floodplain areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
The flood which has reached the highest flood elevation above
mean sea level at a particular location.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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Materials which have the potential to damage health or impair
safety. Hazardous materials include, but are not limited to, inorganic
mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium, and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials. Also included are floatable materials with
the potential to cause physical damage, such as logs, storage tanks
and large containers.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution facility and other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining, or agricultural operations,
and from community activities, or any combination of the above, which
because of its quantity, concentration, or physical, chemical, or
infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, exposed,
or otherwise managed.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
This term is an umbrella term that includes all of the areas
within which the community has selected to enforce floodplain regulations.
It will always include the area identified as the special flood hazard
area on the Flood Insurance Rate Maps and Flood Insurance Study, but
may include additional areas identified by the community.
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
Sections R104, R105, R109, R323, Appendix AE101, Appendix
E and Appendix J.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The water surface elevations of a flood which would completely
fill the floodplain to the boundaries of the Floodplain Zone.
The average height of the sea for all stages of the tide,
using the North American Vertical Datum of 1988 (NAVD 88).
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after April 5, 2016, and includes any subsequent improvements
to such structures. Any construction started after March 16, 1981,
and before April 5, 2016, is subject to the ordinance in effect at
the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
Any wall, dam, wharf, embankment levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse or flood-prone area:
A flood that, on the average, is likely to occur once every
100 years (i.e., that one-percent chance of occurring each year, although
the flood may occur in any year).
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year). A study by the Federal Emergency Management
Agency (FEMA), the United States Army Corps of Engineers, the United
States Department of Agriculture's Soil Conservation Service, the
United States Geological Survey, the Susquehanna River Basin Commission,
or a licensed surveyor or professional engineer, registered by the
Commonwealth of Pennsylvania, is necessary to define this boundary.
The water surface elevations of the one-hundred-year flood.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis.
Not more than 400 square feet, measured at the largest horizontal
projections.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreation, camping, travel, or seasonal use.
The base flood elevation or estimated flood height as determined
using simplified methods plus a freeboard safety factor of 1 1/2
feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each flood event, on average, equals or exceed 25% of
the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of, a floodplain.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground. Anything constructed or erected
on the ground or attached to the ground, including, but not limited
to buildings, sheds, manufactured homes, and other similar items.
This term includes any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damaged occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss, regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as construction standard
applicable with the commonwealth floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and IBC.
The Standards and Specifications contained in 34 Pa. Code
Chapters 401 through 405, as amended and not limited to the following
provisions, shall apply to the above and other sections and subsections
of this chapter, to the extent that they are more restrictive and/or
supplement the requirements of this chapter.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
E.
Uses allowed within the identified floodplain area.
(1)
Uses by right. The following uses, if permitted by right in the underlying
zone, are the only uses permitted by right in the identified floodplain
area. Within any floodplain area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge or as otherwise authorized herein. Within any
floodway area, no new construction or development shall be allowed,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office and the Township.
(a)
Agricultural, horticultural, forestry.
(b)
Public and private parks, excluding structures, and bicycle/walking
paths and hiking and horseback riding trails.
(c)
Open areas or yards.
(d)
Stream restoration projects where flood heights and frequency
will not be increased.
(e)
Repair of existing bridges and culverts where flood heights
and frequency will not be increased and water quality will not be
impacted.
(f)
Public utility facilities not under the exclusive jurisdiction
of the Pennsylvania Public Utility Commission, subject to the following
conditions:
[1]
Facilities such as pipelines, gas lines, storm sewers, sanitary
sewers, waterlines, outlet installations for sewage treatment plants,
sealed public and private water supply wells, pump stations and underground
communications facilities shall, together with associated structures
but excepting necessary vents, be designed and installed underground
so as to be at or below the existing natural surface grade and in
such a manner as will prevent flotation, minimize or eliminate flood
damage and which will not cause any increase in flood heights and
frequency.
[2]
All new or replacement water supply facilities and/or sanitary
sewage facilities shall be designed to minimize or eliminate infiltration
of floodwaters into the facilities and discharges into floodwaters.
(2)
Uses by special exception. Within the identified floodplain areas,
the following uses and activities may be permitted by special exception,
provided that they are in compliance with the provisions of the prevailing
district, will not result in any increase in the base flood elevation,
unless indicated otherwise below, are not within a floodway, and are
not prohibited by any other ordinances:
(a)
Utilities and public facilities and improvements, such as railroads,
streets, bridges, transmission lines, pipe lines, water and sewage
treatment plants, and other similar or related uses;
(b)
Water-related uses and activities, such as marinas, docks, wharves,
piers, etc.;
(c)
Extraction of sand, gravel and other materials; and
(d)
Temporary uses, such as circuses, carnivals and similar activities.
(e)
Installation of proposed bridges and culverts and approaches
to cross the floodplain shall be permitted but shall be minimized
and only permitted when alternate viable access routes with similar
functional characteristics with reduced floodplain and/or environmental
impact are not reasonably available. Proposed bridges and culverts
shall not cause any increase in flood heights or frequency unless
such increase is entirely contained on the subject property. Any changes
to the base flood elevation in areas identified as being a floodplain
in the latest revision of the Flood Insurance Study prepared by FEMA
must be approved by FEMA.
(3)
Within any identified floodplain area outside of the floodway, new
construction and other development, uses and activities shall be allowed
in strict compliance with the provisions of the prevailing district,
the floodproofing and elevation provisions of this section, as well
as any other applicable codes, ordinances and regulations.
(4)
Prohibited development in all identified floodplain areas.
(a)
Development which may endanger human life. New or substantially
improved structures which will be used for the production or storage
of any of the following materials or substances, or which will be
used for any activity requiring the maintenance of a supply (more
than 550 gallons or other comparable volume, or any amount of radioactive
substances) of any of the following materials or substances on the
premises, are prohibited within floodway areas; no variance shall
be granted for any of these uses or activities to locate in the floodplain
area:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbide disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Petroleum products (gasoline, fuel oil products and the like)
| |
|
Phosphorous
| |
|
Potassium
| |
|
Sodium
| |
|
Sulfur and sulfur products
| |
|
Pesticides (including insecticides, fungicides and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
(b)
Hospitals, nursing homes, jails, new manufactured home parks,
and manufactured home subdivisions, and substantial improvements to
existing manufactured home parks and subdivisions are prohibited within
floodplain areas. No variance shall be granted for any of these uses
or activities to locate in floodplain areas.
(c)
Storage of materials and equipment, provided that they are not
buoyant, flammable or explosive, and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement, and/or can be readily removed
from the area within the time available after flood warning.
(d)
Structures including manufactured homes and recreational vehicles.
(5)
All other development not specified above or permitted by special
exception or variance must follow the requirements of the Uniform
Construction Code coordination, this section and any other underlying
local, state and federal codes.
(a)
The standards and specifications contained in 34 Pa. Code (Chapters
401 through 405), as amended and not limited to the following provisions,
shall apply to the above and other sections and subsections of this
chapter, to the extent that they are more restrictive and/or supplement
the requirements of this chapter:
[1]
International Building Code (IBC) 2009 or the latest edition
thereof: Sections. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
[2]
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections. R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
F.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any identified floodplain area, the
lowest floor (including basement) of any new construction or substantial
improvement of a residential structure shall be elevated at or above
the regulatory flood elevation.
(2)
Nonresidential structures. Within any identified floodplain area,
the lowest floor (including basement) of any new construction or substantial
improvement to a nonresidential structure shall be elevated at or
above the regulatory flood elevation, or shall be floodproofed to
that height in a completely or essentially dry manner, in accordance
with the W1 and W2 space classification standards contained in the
publication entitled Flood-Proofing Regulations, published by the
United States Army Corps of Engineers (June 1972, as amended from
time to time), or with some other equivalent standards. All plans
and specifications for such floodproofing shall be accompanied by
a statement certified by a licensed professional engineer registered
by the Commonwealth of Pennsylvania, or a licensed professional architect
registered by the Commonwealth of Pennsylvania, stating that the proposed
design and methods of construction are in conformance with the above-referenced
standards.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(b)
Partially enclosed space.
[1]
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces.
[2]
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space;
[b]
The bottom of all openings shall be no higher than
one foot above grade; and
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
G.
Design and construction standards. The following minimum standards
shall apply for all construction and/or development proposed to be
undertaken within any identified floodplain area:
(1)
Fill. If fill is used, it shall extend laterally at least 15 feet
beyond the building line from all points and shall consist of soil
or small rock materials only. Fill shall be compacted to provide the
necessary permeability and resistance to erosion, scouring or settling.
Slopes shall be no steeper than one vertical to three horizontal,
unless substantiated data justifying steeper slopes are submitted
to, and approved by, the Zoning Officer. Fill shall be used to the
extent to which it does not adversely affect adjacent properties.
(2)
Placement of buildings and structures. All buildings and structures
shall be designed, located and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(3)
Anchoring. All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse or lateral movement. All air ducts, large pipes, storage
tanks, and other similar objects or components located below the regulatory
flood elevation shall be securely anchored or affixed to prevent flotation.
(4)
Manufactured home requirements. Where permitted within any identified
floodplain areas, all manufactured homes and additions thereto shall
be:
(5)
On-site sewage disposal. Any on-site sewage disposal system permitted
within a floodplain zone shall be designed to avoid impairment to
it, or contamination from it, during flooding.
(6)
Utilities and service facilities. Electrical, heating, ventilation,
plumbing, and air-conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
(7)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(8)
Floors, walls and ceilings.
(a)
Wood floorings used below an elevation of one foot above the
established flood elevation shall be installed to accommodate a lateral
expansion of the flooring, perpendicular to the flooring grain, without
incurring structural damage to the building.
(b)
Plywood used at or below one foot above the regulatory flood
elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below an elevation of one foot above
the regulatory flood elevation shall be designed and constructed of
materials that are water-resistant and will withstand inundation.
(d)
Windows, doors and other components at or below an elevation
of one foot above the regulatory flood elevation shall be of metal
or other water-resistant material.
(9)
Paints and adhesives.
(a)
Adhesives used below an elevation of one foot above the regulatory
flood elevation shall be of marine or water-resistant quality.
(b)
All wooden components (doors, trim, cabinets, etc.) used below
an elevation of one foot above the regulatory flood elevation shall
be finished with a marine or water-resistant paint or other finishing
material.
(c)
Paints or other finishes used below an elevation of one foot
above the regulatory flood elevation shall be of marine or water-resistant
quality.
(11)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical mechanical or utility equipment or apparatus
shall not be located below an elevation of one foot above the one-hundred-year
flood elevation.
(12)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any floodplain area or identified floodplain area except in strict
compliance with all state and local regulations for such systems.
If any such system is permitted, it shall be located so as to avoid
impairment to it, or contamination from it, during a flood.
H.
Nonconforming structures in the floodplain district. Structures existing
in any identified floodplain prior to the enactment of this chapter
but which are not in compliance with these provisions, may continue
to remain, subject to the following:
(1)
Existing structures located in any identified Floodway Area shall
not be expanded or enlarged, unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying improvements.
(2)
Any modification, alteration, reconstruction, or improvement of any
kind to any existing structure, to any extent or amount of 50% or
more of its market value, shall be considered as a substantial improvement,
and shall be undertaken only in full compliance with provisions of
this chapter.
I.
Zoning permits.
(1)
A zoning permit shall be required for all development, construction,
reconstruction, placement, replacement, expansion, renovation, extension,
repair or other improvement of uses or structures, regardless of value,
including the placement of manufactured homes and activities, such
as mining, dredging, filling, grading, logging, paving, excavating,
or drilling. Zoning permits shall not be required for normal maintenance.
(2)
Every zoning permit application for work or uses within the Floodplain
Zone shall include or be accompanied by all information necessary
for the Zoning Officer to determine that the proposal meets all of
the provisions of this chapter, including but not limited to ensuring:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(e)
Building materials are flood resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
The following information is specifically required to accompany all
zoning permit applications involving structures within the Floodplain
Zone:
(a)
The elevation (in relation to mean sea level) of the lowest
floor (including basement);
(b)
Whether or not the structure includes a basement;
(c)
If the structure has been floodproofed, the elevation (in relation
to mean sea level) to which the structure was floodproofed (note only
nonresidential structures may be floodproofed in lieu of elevating);
(d)
Site location, including address;
(e)
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred; and
(f)
The elevation of the base flood.
(4)
Where floodproofing is proposed to be utilized for a particular structure,
the zoning permit application shall be accompanied by a document certified
by a licensed professional engineer registered by the Commonwealth
of Pennsylvania, or a licensed professional architect registered by
the Commonwealth of Pennsylvania, certifying that the floodproofing
meets the provisions of this chapter and are adequate to withstand
the flood depths, pressures, velocities, impact, uplift forces, and
other factors associated with the one-hundred-year flood and indication
of the specific elevation (in relation to mean sea level) to which
such structure is floodproofed.
(5)
Prior to the issuance of any zoning permit, the Zoning Officer shall
review the application for the permit to determine if all other necessary
government permits required by state and federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act (Act
1966-537, as amended),[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No zoning permit shall be issued until this
determination has been made.
J.
Variances and special exceptions.
(1)
In addition to the standards of § 220-142C and D, the following standards shall prevail in the Floodplain Zone:
(a)
No variance or special exception shall be granted for any construction,
development, use, or activity within any floodway area that would
cause any increase in the base flood elevation;
(b)
Whenever a variance is granted, the Township shall notify the
applicant, in writing, that the granting of the variance may result
in increased premium rates for flood insurance, and that such variances
may increase the risks to life and property;
(c)
No variance shall be granted that would result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on, or victimization of the public, or conflict with any other applicable
local or state ordinances and regulations;
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief; and
(e)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the Federal Emergency Management Agency (FEMA).
K.
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this chapter, the more restrictive shall apply.
L.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the section, which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
M.
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of this section is considered reasonable
for regulatory purposes and is based on accepted engineering methods
of study. Larger floods may occur or flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This section does not imply that areas outside
any identified floodplain areas, or that land uses permitted within
such areas, will be free from flooding or flood damages. This section
shall not create liability on the part of the Township of East Cocalico
or any officer or employee thereof for any flood damages that result
from reliance on this section or any administrative decision lawfully
made thereunder.
[1]
Editor’s Note: See 32 P.S. § 679.101 et seq.
A.
Purpose. The purpose of the Wellhead Protection Overlay
Zone is to safeguard the public health, safety and welfare, by providing
regulation of land use and the manufacture, use, storage, transport,
or disposal of hazardous substances which pose a threat to the quality
and quantity of groundwater being extracted from the Public Water
System municipal wells.
B.
Objectives. The objectives of this zone are:
(1)
To promote, protect and facilitate the provision of
safe, reliable and adequate water supply for domestic, commercial,
agricultural, or industrial use, and other public requirements;
(2)
To maximize water recharge, to protect and enhance
surface and ground water quality, and to prevent pollution of surface
and ground water supplies;
(3)
To limit land uses and activities involving the generation,
use, transport, or storage of hazardous substances, which may compromise
the Public Water System;
(4)
To assure appropriate nutrient management practices
aimed at protecting Public Water System wells;
(5)
To establish siting standards to guide development
onto the least environmentally sensitive portions of property;
(6)
To preserve vegetated buffer areas and establish setbacks
for uses around streams, water bodies and springs, thereby protecting
Public Water Systems;
(7)
To provide for maximum lot coverage standards to minimize
impervious surfaces, thereby increasing recharge of Public Water Systems
aquifers, and reducing stormwater runoff of pollutants to Public Water
Systems wellheads;
(8)
To protect and enhance surface and groundwater quality
from the impacts of development on stormwater quality with best management
practices, and to provide for stormwater management that maximizes
groundwater recharge;
(9)
To establish disturbance standards for wetlands, woodlands
and steep slopes to minimize sedimentation of waters and to maximize
water recharge;
(10)
To require the regular maintenance of on-lot
sewage disposal systems to minimize the potential for contamination
of groundwater; and
(11)
To provide standards for landowners, potential
buyers, appraisers, assessors, and lessees governing certain land
uses and activities in this overlay zone.
C.
Constitutional and statutory authority. Constitutional authority for this section is contained in Article I, Section 27, of the Pennsylvania Constitution, wherein it specifically provides for a right to clean water. Statutory authority for this section is specifically set forth in Section 604 of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10604, providing that zoning ordinances be designed to promote, protect and facilitate the provision of a safe, reliable and adequate water supply. Additional authority is set forth in the laws and regulations of the Commonwealth of Pennsylvania at 25 Pa. Code § 109.713(5) providing for the adoption of municipal ordinances or regulations controlling, limiting or prohibiting future potential sources of contamination within the Wellhead Protection Overlay Zones, and establishing design and performance standards for potential sources of contamination within the Wellhead Protection Overlay Zones, pursuant to development and implementation of wellhead protection area management as a part of the sanitary survey program of the Operation and Maintenance Plan, mandated for community water suppliers at 25 Pa. Code § 109.702(a)(7) and 25 Pa. Code § 109.713.
D.
Applicability.
(1)
The protections of this section are intended to apply to all land within the Wellhead Protection Overlay Zones in the Township. Owners in the Wellhead Protection Overlay Zones shall have 90 days from the mailing of the Land Use Questionnaire, as set forth in § 220-27F herein, to provide the required information on their land and/or uses in conformance with this chapter. This chapter also applies to all future actions by owners and occupiers within the Wellhead Protection Overlay Zones, and they shall provide evidence of compliance with this chapter as a condition prerequisite to approval and issuance of a permit for a new, revised and/or expanded use.
(2)
The Wellhead Protection Overlay Zone shall only apply to those areas of the Township which are delineated on the Official Zoning Map, and described as follows. The following lists the minimum required distance from the outside edge of the well to the outside radius of the Wellhead Protection Zone for each well within the Township:
[Amended 6-19-2014 by Ord. No. 2014-05; 11-17-2022 by Ord. No. 2022-04]
|
Well Number
|
Minimum Radius
(feet)
| |
|---|---|---|
|
2A
|
100
| |
|
3A
|
100
| |
|
4
|
100
| |
|
5
|
100
| |
|
6
|
100
| |
|
7
|
100
| |
|
8A
|
100
| |
|
9
|
100
| |
|
10
|
100
| |
|
11
|
100
| |
|
12
|
100
| |
|
14
|
100
| |
|
F
|
210
| |
|
M
|
222.4
| |
|
D1
|
100
| |
|
D2
|
215
| |
|
D3
|
100
|
(3)
The Wellhead Protection Overlay Zone shall be deemed an overlay on any zone now or hereafter applicable to any lot. The underlying zone shall prescribe all other zoning requirements (unless another overlay zone applies), and Chapter 194, Subdivision and Land Development, shall prescribe all other subdivision and land development requirements, in addition to those specifically enumerated in this chapter.
(4)
The provisions of this section are designed to supplement
other provisions in the zoning, subdivision and land development,
and other municipal ordinances. In those instances where the standards
of this chapter differ from standards imposed elsewhere, the most
restrictive standards shall apply.
(5)
It shall be the responsibility of any person owning,
using or occupying real property within the Township to take all steps
necessary to protect the water system. Any actions taken contrary
to the provisions of this chapter shall constitute a violation of
this chapter.
E.
Regulated land uses and activities. Any use which can potentially adversely impact the water supply (e.g., underground water supply) of this Township is a regulated land use and activity. All owners within the Wellhead Protection Overlay Zones are subject to the reporting requirements set forth at § 220-27F herein. The following land uses and activities presented in Table 1 are specifically prohibited for all new, revised and/or expanded uses within Wellhead Protection Overlay Zones:
|
Table 1
| ||
|---|---|---|
|
Regulated Land Uses and Activities
| ||
|
Land Uses and Activities
| ||
|
1. Agricultural:
|
Animal burial; animal feedlots; fertilizer storage
and/or use; insecticides storage and/or use; herbicides storage and/or
use; irrigation sites; manure spreading areas, pits and storage; and
pesticide storage and/or use;
| |
|
2. Commercial:
|
Airports; auto repair shops; boatyards; car
washes; cemeteries; construction areas; dry cleaners; gas stations;
golf courses; jewelry/metal plating; laundromats, medical institutions;
paintshops; photography establishments; railroad tracks and yards;
research laboratories; scrap and junkyard; storage tanks;
| |
|
3. Industrial:
|
Asphalt plant; chemical manufacture/storage;
electronics manufacture; electroplaters; foundries/metal fabricators;
machine/metal working shops; mining and mine drainage; petroleum production/storage;
pipelines; septage lagoons and sludge storage tanks; toxic and hazardous
spills; wells (operating/abandoned including underground injection
wells); wood preserving facilities; quarries; commercial truck or
rail tanker cleaning operations; commercial slaughtering, rendering,
tanneries; paints, thinners and other related products;
| |
|
4. Residential:
|
Fuel oil; furniture stripping/refinishing; household
hazardous products and lawn chemicals; septic systems/cesspools; sewer
lines; swimming pools (chemicals); and
| |
|
5. Other:
|
Hazardous waste landfills; highway spills, municipal
incinerators; municipal landfills; municipal sewer lines; open burning
sites; recycling/reduction facilities; road deicing operations and
storage; stormwater drains/basins; transfer stations; well/borehole
drilling; junked materials; sanitary landfills; collection and transfer
facilities for solid waste or hazardous substances, including, but
not limited to, battery and drum recycling and reprocessing; land
application of sewage sludge; package sewage treatment plants; cemeteries;
alteration of natural site features prior to receiving all permits
and approvals; industrial, commercial or institutional facilities
which use, store, transport, or dispose of hazardous substances; geothermal
exchange systems (groundwater and ground loop); concentrated aquatic
and/or animal production facilities; discharge of any pollutants;
any chemicals or other materials which may endanger or adversely affect
the water supply (including, but not limited to gasoline, fuel oil
and other petroleum products).
| |
F.
Reporting requirements. Owners shall submit the documents
in this section, in the following order, to the Zoning Officer within
90 days of initial mailing, and annual mailings thereafter:
(1)
Four copies of a completed Land Use Questionnaire
(Appendix B).[1]
|
Frequency: Annually
| ||
|---|---|---|
|
No. of Copies:
|
2 for Zoning Officer
| |
|
2 for Public Water System
| ||
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Key Facility Evaluation Questionnaire (Appendix C).[2] If the use is classified as a key facility by the Township
and the Public Water System, owners shall be notified. Within 30 days
of such notification, owners shall submit four copies of a completed
"Key Facility Evaluation Questionnaire." Thereafter, the Key Facility
Evaluation Questionnaire shall be submitted annually:
|
Frequency: Annually
| ||
|---|---|---|
|
No. of Copies:
|
2 for Zoning Officer
| |
|
2 for Public Water System
| ||
[2]
Editor's Note: Appendix C is included at the end of this chapter.
(3)
All owners are subject to any and all additional monitoring
and reporting requirements dictated by individual public water systems
pursuant to any additional wellhead protection ordinances which they
may adopt.
G.
Inspection. The Township, by and through the Zoning
Officer, or an authorized representative of the Public Water System,
shall have the right to inspect all properties within the Township
containing nonresidential land uses and activities subject to this
chapter, for purposes of insuring compliance with this chapter and
protection of the Public Water System.
H.
Enforcement. This section may be enforced as part
of the East Cocalico Township Zoning Ordinance, as amended. Owners
should be advised that violations resulting from failure to comply
with the restrictions and the requirements of this section may result
in additional penalties under provisions of other laws. Additionally,
the Township and/or the Public Water System may enforce this chapter
in equity. The appropriate officers or agents of the Township are
hereby authorized to seek equitable relief, including injunctions,
to enforce compliance herewith. The Township shall be exempt from
payment of costs in any civil case brought to enforce this section.
A.
Purpose. The purpose of the Historic Site Overlay
Zone is to provide a means for the protection of inventoried historic
sites from immediate demolition. This zone will require that, prior
to demolition, a property owner will be required to submit relevant
information about the site and meet with specified experts who can
share ideas that could lead to reuse of the site for its proposed
use.
B.
Applicability. This zone creates an overlay zone for all of those historic sites that have been previously inventoried within the Township as listed below and depicted on the East Cocalico Township Historic and Riparian Buffer Overlay Zones Map. Within this zone any proposed demolition shall require the approval of a zoning permit for such demolition subject to the requirements of this § 220-28.
|
East Cocalico Township Historic Sites
| |||
|---|---|---|---|
|
Historic Preservation Trust Inventory
Site No.
|
LCPC Inventory Site No.
|
Historic Site Name, if applicable
| |
|
0000
|
73
| ||
|
0000
|
74
| ||
|
0000
|
75
| ||
|
0000
|
996
| ||
|
0000
|
62
| ||
|
0000
|
64
| ||
|
0000
|
1000
| ||
|
999
| |||
|
63
| |||
|
59
| |||
|
56
| |||
|
56
| |||
|
997
| |||
|
58
| |||
|
60
| |||
|
994
| |||
|
72
| |||
|
76
| |||
|
55
| |||
|
0001
|
Farmhouse, Not Named
| ||
|
0002
|
Bear, Michael, House
| ||
|
0003
|
Barn, Not named
| ||
|
0004
|
995
| ||
|
0004
|
Fairview Mill
| ||
|
0005
|
Barn, Not Named
| ||
|
0008
|
Barn, Not Named
| ||
|
0009
|
Withers, George and Catherine, House (1808)
| ||
|
0010
|
Bucher's Mill Covered Bridge
| ||
|
0011
|
Ream (Riehm), John, House
| ||
|
0012
|
Kumler, Michael & S., House
| ||
|
0013
|
Tavern, Not Named
| ||
|
0014
|
Log House, Not named
| ||
|
0016
|
Log House and Blacksmith shop, Not Named
| ||
|
0017
|
Farmhouse, Not named
| ||
|
0018
|
Flickinger's Store
| ||
|
0019
|
House, Not named
| ||
|
0020
|
Farmhouse, Not Named
| ||
|
0021
|
Barn, Not named
| ||
|
0022
|
Weber Farmstead
| ||
|
0023
| |||
|
0023
|
Long, John and Mary, House
| ||
|
0025
|
Withers, George & Catherine House
| ||
|
0027
|
Stevens Fire House
| ||
|
0028
|
Barn, Not Named
| ||
|
0029
| |||
|
0030
|
Farmhouse, Not Named
| ||
|
0032
|
Zinn Farmhouse
| ||
|
0033
|
Bill's Garage (1925)
| ||
|
0034
|
House, Not named
| ||
|
0035
|
Mengel, George and Maria, Barn
| ||
|
0036
|
School, Not Named
| ||
|
0037
|
Lutz, Philip and Elizabeth, House
| ||
|
0038
|
Klapp, Henry & Susanna House
| ||
|
0039
|
Barn, Not Named
| ||
|
0040
|
House, Not Named
| ||
|
0041
|
Swartz Store
| ||
|
0042
|
Farmhouse, Not Named
| ||
|
0043
|
Log House, Not Named
| ||
|
0044
|
Muddy Creek Lutheran Church
| ||
|
0045
|
N S. & S.S House
| ||
|
0046
|
Farmhouse, Not named
| ||
|
0046
| |||
|
0048
|
Lausch Farmhouse
| ||
|
0049
|
Weinhold, M.H. & B. H., House
| ||
|
0050
|
(White Oak Union Church)
| ||
|
0051
|
Weinhold, D.S., House
| ||
|
0052
|
Barn, Not named
| ||
|
0053
|
Grace Chapel
| ||
|
0054
|
Barn, Not named
| ||
|
0055
|
Muddy Creek Old Order Mennonite Church
| ||
|
0056
|
Frey Barr
| ||
|
0057
|
Frey, Johannes and Maria, house
| ||
|
0058
|
Farmhouse. Not named
| ||
|
0059
|
Christ Chapel
| ||
|
0060
|
Farmhouse, Not named
| ||
|
0061
|
Reamstown
| ||
|
0062
|
Smith, Fred & Lizzie, House (1900)
| ||
|
0063
|
Muddy Creek Church Cemetery
| ||
|
0064
| |||
|
0064
|
Lesher Building
| ||
|
0065
|
Salem Lutheran Reformed Church
| ||
|
0066
|
House, Not Named
| ||
|
0067
|
Coover, Joel, Barn (1848)
| ||
|
0069
|
House, Not named
| ||
|
0070
|
School, not named
| ||
|
0072
|
Farmhouse, Not Named
| ||
|
0074
|
Huber, Philip & Margaret, House
| ||
|
0075
|
Gockley, John & Mary, House
| ||
|
0076
|
Petticuffer, John & Sarah, House (1901)
| ||
|
0077
|
Barn, Not Named
| ||
|
0078
|
Wither's, Jho (?),[1] House
| ||
|
0079
|
Lutz, Adam and Molly, house
| ||
|
0081
|
House, Not Named
| ||
[1]
Editor's Note: So in original.
C.
Actions required by applicant prior to application
for zoning permit to demolish historic site.
(1)
Prior to the application for a zoning permit to demolish
an historic site as identified above, the applicant shall be required
to meet with the staff of the Historic Preservation Trust of Lancaster
County (HPTLC) to gain their ideas about potential preservation options
for the building/structure. To inform the staff of the HPTLC about
the site, the applicant shall be required to produce all of the available
following materials:
(2)
Following such meeting the HPTLC shall, within 14
days, prepare a letter of its findings for delivery to the applicant
and the Township.
D.
Issuance of zoning permit for demolition of historic
site.
(1)
Upon suitable application for a zoning permit accompanied
by a recommendation that the HPTLC determines that the site retains
significant value and/or can be practically adapted to meet the applicant's
needs and avoid the need for demolition, the Zoning Officer may withhold
issuance of the demolition zoning permit for no more than 90 days
from its original date of application; or, upon suitable application
for a zoning permit accompanied by a recommendation that the HPTLC
determines that no practical alternative exists to preserve the building/structure,
the Zoning Officer may issue the demolition zoning permit at his/her
earliest convenience.
(2)
Should an applicant for demolition fail to submit
the required materials or meet with the staff of the HPTLC, the Zoning
Officer shall deny the demolition/zoning permit.
[Amended 6-19-2014 by Ord. No. 2014-05]
A.
Purpose.
(1)
In order for Pennsylvania to meet the goals of the Chesapeake Bay
total maximum daily load (TMDL), communities located within this drainage
area will need to implement best management practices (BMPs) to address
point and non-point pollution sources; riparian buffers are one of
the BMPs that will help the region meet these goals.
(2)
The PA Department of Environmental Protection (DEP) is moving forward
with the implementation of the Pennsylvania Chesapeake Watershed Implementation
Plan which outlines the commonwealth's approach to meeting goals for
reductions in the amount of sediments and nutrients such as nitrogen
and phosphorus established in the Chesapeake Bay TMDL.
(3)
Local streams contribute to the Susquehanna River drainage area and
the Chesapeake Bay as well as the Cocalico Creek and Conestoga River,
which serve as sources for local drinking water systems.
(4)
The DEP is currently developing total maximum daily load (TMDL) regulations
which may result in more-stringent regulations to prevent further
increased sediment and nutrient loadings to our waterways.
(5)
These signs point to the need for a more-coordinated effort at the
local municipal level to protect our streams and waterways.
(6)
If local measures such as riparian buffers are not evaluated and
implemented to reduce loadings to our streams, the community's healthy
economy and environmental well-being could be permanently threatened.
(7)
East Cocalico Township has evaluated and taken the opportunity to
pursue the following riparian buffer measures that will help to ensure
the future health of valuable water resources. The implementation
of riparian buffers is an important step in cooperative water management
efforts that will help to:
(a)
Create, preserve and/or restore wooded buffers along important
watercourses and surface water bodies upon the Township's landscape;
(b)
Promote beneficial vegetation to reduce harmful erosion;
(c)
Reduce the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach watercourses, wetlands, and
subsurface and surface water bodies by using scientifically proven
processes, including filtration, deposition, absorption, plant uptake,
and denitrification, and by stabilizing concentrated flows;
(d)
Improve and maintain the safety, reliability, and adequacy of
the water supply for domestic, agricultural, commercial, industrial,
and recreational uses along with sustaining diverse populations of
aquatic plants and animals;
(e)
Offer year-round nourishment and habitat for animal wildlife,
both with and adjoining the water feature;
(f)
Reduce surface water temperature;
(g)
Offer interconnected linear paths for habitat migration and
close-to-home passive open spaces amid the developing landscape;
(h)
Regulate land use, siting, and engineering to be consistent
with accepted conservation practices;
(i)
Ensure that land use impacts are within the carrying capacity
of existing natural resources;
(j)
Work with floodplain, steep slope, wetland and other municipal
ordinances that regulate environmentally sensitive areas to minimize
hazards to life, property, and important riparian features; and
(k)
Assist in the implementation of pertinent state laws concerning
erosion and sediment control practices, specifically erosion control,
of the Pennsylvania Clean Streams Law, Act 394, P.L. 1987, Chapter
102 of the Administrative Code (as amended October 10, 1980, Act 157
P.L.), Title 25, and any subsequent amendments thereto, as administered
by the Pennsylvania Department of Environment Protection and the Lancaster
County Conservation District.
B.
Legislative intent.
(1)
Under the authority of Article I, § 27, of the Pennsylvania Constitution, Act 247, the Municipalities Planning Code, as amended, other commonwealth and federal statutes, and in recognition of the fact that natural features contribute to the welfare of its residents, these riparian buffer regulations have been enacted to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors.
(2)
East Cocalico Township's adoption of these regulations does not grant
public access to private property. Any grant of public access remains
the prerogative of each individual property owner.
(3)
Riparian buffer management and protection remains the sole responsibility
of each individual property owner.
(4)
In some cases, developers and/or landowners can agree to provide for public access across riparian buffers, subject to Township approval. Similarly, riparian buffer management and protection can be delegated to someone or some agency other than the landowner or developer, subject to Township approval in accordance with § 194-46 of Chapter 194, Subdivision and Land Development.
C.
Applicability.
(1)
Uses that require subdivision and/or land development approval upon any property adjoining an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township Historic and Riparian Buffer Overlay Zones Map,[1] or are within and/or are characterized by those conditions listed in § 220-29D(1) of this chapter, shall provide a riparian buffer in accordance with the following standards.
[1]
Editor's Note: The Historic and Riparian Buffer Overlay Zones Map is included as an attachment to this chapter in the electronic version of the Code.
(2)
Principal uses that do not require subdivision and/or land development approval but require zoning permit approval upon any property adjoining or within 75 feet of an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township Historic and Riparian Buffer Overlay Zones Map shall provide a riparian buffer in accordance with the following standards to the extent that such riparian buffer can be accomplished upon areas of the subject property that had been free of structural improvement prior to that contemplated by the new zoning permit and to the extent that, in the opinion of the Township Engineer, is reasonably related to the proposed improvement of the subject property.
(3)
Accessory uses that do not require subdivision and/or land development approval but require zoning permit approval upon any property adjoining or within 75 feet of an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township Historic and Riparian Buffer Overlay Zones Map shall provide a riparian buffer in accordance with the following standards to the extent that the proposed accessory use can provide some setback from the streambank edge that is consistent with other similar accessory uses on adjoining properties. If no similar accessory uses are located on adjoining properties, then the applicant must provide for the required seventy-five-foot setback. Accessory uses are not required to plant new vegetation under § 220-29F of this chapter but must maintain and/or improve any existing vegetation that could meet the objectives of this section.
(4)
It is noted that landowners are encouraged to review the manual entitled
"Riparian Forest Buffer Guidance," published by the Pennsylvania Department
of Environmental Protection, Bureau of Watershed Management.
D.
Riparian buffer delineation.
(1)
Except as noted in § 220-29D(2) of this chapter, the applicant shall provide and clearly depict upon a site plan the proposed riparian buffer comprised of the following three separate zones:
 Cross-Section of Typical Streamside Riparian Buffer
|
(a)
Zone 1: the landward area located between the streambank edge
under typical flow conditions, or the high-water level for pond or
lake shorelines, and 15 feet, as measured directly perpendicular from
the streambank/shoreline edge.
(b)
Zone 2: the area beginning at the inland edge of the above-described
Zone 1 and the largest combined width of all of the following:
(c)
Zone 3: the area beginning at the inland edge of the above-described
Zone 2 and extending at least 10 feet inland therefrom. Where a pasture
is proposed just beyond the above-described Zone 2, no Zone 3 is required.
(2)
As an alternative to the buffer required in the above § 220-29D(1) where unique site conditions or design constraints exist, the applicant shall provide and clearly depict upon a site plan the proposed riparian buffer along with written verification from a qualified expert that the proposed riparian buffer design adheres to the objectives of this section to the maximum practicable extent. The Township may, at its sole discretion, accept this proposed alternative if it determines, after receiving input and recommendations from the Township Engineer, that the alternate design equally satisfies the objectives for such buffer at the proposed location as described in § 220-29A of this chapter.
E.
Riparian buffer use.
(1)
Permitted uses. No use shall be permitted that interferes with the natural maturation of the buffer plantings required by § 220-29F of this chapter, except as follows:
(a)
Corridor crossings for farm vehicles and livestock and livestock
watering facilities, all of which are accompanied by written evidence
of approval of a water obstruction permit by the PA DEP.
(b)
Public roads and improvements thereto that existed on the effective
date of this chapter.
(c)
Corridor crossings for roads and railroads, provided that such crossings are accomplished upon the least possible land area and installed in such a manner that is most compatible with the required buffer plantings as described in § 220-29F of this chapter.
(d)
Bridges, with the appropriate federal and/or state permits,
used in place of culverts when crossings require a seventy-two-inch
or greater diameter pipe; culverts consisting of slab, arch or box
culverts and not corrugated metal pipe. Culverts shall be designed
to retain the natural stream channel bottom to ensure the passage
of water during low-flow or dry-weather periods.
(e)
Public sewer lines, public water lines and public utility transmission lines, provided such lines are installed in such a manner that is most compatible with the installation and ongoing maintenance of the required buffer plantings as described in § 220-29F of this chapter.
(f)
Passive recreation uses when designed to minimize the extent
of harmful compaction of soil and tree root damage and avoid the channelization
(natural or man-made) of surface water flow. Pedestrian paths can
cross Zones 1, 2 and 3, provided that such paths are accomplished
upon the least possible land area and disruption of the adjoining
riparian buffer is minimized. Pedestrian paths can parallel through
Zones 2 and 3. All pedestrian paths shall be provided with stable
pervious surfaces.
(g)
Streambank improvement projects that have been approved by the
LCCD and/or the PA DEP.
(h)
Removal of trees in accordance with § 200-29H of this
chapter.
(i)
Wildlife sanctuaries, nature preserves, forest preserves and
fishing areas.
(j)
Low-impact supplemental water quality type best management practice stormwater management facilities that, in the opinion of the Township Engineer, are consistent with the purpose of the Riparian Buffer Zone as listed in § 220-29A of this chapter and are not part of the primary stormwater management facilities required to attenuate peak flows.
(2)
Prohibited uses. The following uses and activities are expressly prohibited within a riparian buffer. This listing of prohibited uses and activities shall not be interpreted to permit other activities not listed, unless they are permitted by § 220-29E(1) of this chapter:
(a)
Except as permitted in the above § 220-29E(1), any use that interferes with the natural maturation of the buffer plantings required in § 220-29F of this chapter;
(b)
Except as permitted in the above § 220-29E(1), any use that interferes with the maintenance of the buffer plantings required in § 220-29F of this chapter;
(c)
Storage and/or disposal of any toxic, hazardous or noxious materials
and substances;
(d)
Application of fertilizers, pesticides, herbicides and/or other
chemicals in excess of that permitted on an approved conservation
and/or nutrient management plan as approved by the LCCD, the local
office of the PA Natural Resources and Conservation Service and/or
as permitted under the Pennsylvania Conservation Resource Enhancement
Program (CREP); and
(e)
Areas devoted to the on-site absorption of sewage effluent and/or
agricultural fertilizers, including but not limited to manure.
F.
Riparian buffer plantings.
(1)
Each of the respective zones of the riparian buffer shall include
noninvasive vegetation that already exists or will be planted and
maintained by the applicant using a variety of native species that
satisfies the following design objectives. The applicant shall submit
expert evidence that the existing and/or proposed vegetation is of
sufficient size and density so as to satisfy such objectives that
shall include a graphic depiction of proposed plantings and a schedule
of vegetative species.
(a)
Zone 1: This zone must include mature canopy trees and a ground
cover of warm-season grasses. New tree plantings should be selected,
arranged and managed to accelerate canopy growth and offer native
species habitat and food supply. New grass plantings shall be selected
and managed to filter out pollutants, offer habitat and stabilize
the streambank. All vegetation selected for this zone must thrive
in wet conditions.
(b)
Zone 2: This zone must include mature canopy trees generally
three rows deep with a natural undercover. New tree plantings shall
be selected that are rapid-growing to intercept passing nutrients.
Such trees shall be arranged and managed to accelerate canopy growth
and offer native species habitat and food supply. Successive undercover
plants shall be allowed to "evolve" with the canopy of this zone.
All vegetation selected for planting within the one-hundred-year floodplain
must thrive in wet conditions.
(c)
Zone 3: This zone shall be planted with warm-season grasses
that are allowed to mature naturally without mowing. The tall grasses
shall be managed to produce uniform overland stormwater flows that
do not create channels into Zone 2. New grass plantings shall be selected
and managed to enable controlled grazing or haying so long as the
grasses are not reduced to a point such that they no longer effectively
disperse the surface flow.
(2)
Vegetation selection. To function properly, dominant vegetation in the riparian buffer shall be selected from the following list of selective native buffer plants. Plants not included on this list may be permitted by the Township when evidence is provided from qualified sources certifying their suitability for substitution. Selected species shall be noninvasive, native to the region, nursery-stock grown within a locale with similar climatic conditions as found within the region, well-branched, and free of disease. Any noxious and/or invasive plant species shall be removed and destroyed as defined in § 220-11 of this chapter.
|
SELECTIVE NATIVE BUFFER PLANTS LIST
Source: Morris Arboretum of the University of Pennsylvania
Botanic Name/Common Name
| ||
|---|---|---|
|
FERNS
|
FLOWERING PERENNIALS
| |
|
Osmunda cinnamomea/cinnamon fern
|
Penstemon digitalis/beard-tongue
| |
|
Osmunda claytoniana/interrupted fern
|
Gentiana andrewsii/bottle gentian
| |
|
Onoclea sensibilis/sensitive fern
|
Verbena hastate/blue vervain
| |
|
GRASSES AND SEDGES
|
Sisyrinchium angustifolium/blue-eyed grass
| |
|
Andropogon gerardii/big blue stem
|
Eupatorium perfoliatum/boneset
| |
|
Carex scoparia/broom sedge
|
Lobelia cardinalis/cardinal flower
| |
|
Cyperus strigosus/false nut sedge
|
Rudbeckia laciniata/cut-leaf coneflower
| |
|
Carex lurida/lurid sedge
|
Veronia noveboracensis/ironweed
| |
|
Elymus riparius/riverbank wild rye
|
Arisaema triphyllum/jack-in-the-pulpit
| |
|
Carex vulpinoidea/sedge
|
Eupatorium fistulosum/joe-pye weed
| |
|
Juncus effusus/soft rush
|
Aster novae-angliae/New England aster
| |
|
Panicum virgatum/switch grass
|
Mitchella repens/partridgeberry
| |
|
Carex stricta/tussock sedge
|
Aster puniceus/purple stemmed aster
| |
|
Elymus virginicus/Virginia wild rye
|
Solidago gigantean/smooth goldenrod
| |
|
Scirpus cyperinus/wool grass
|
Asclepias incarnate/swamp milkweed
| |
|
Thalictrum pubescens/tall meadowrue
| ||
|
Verbesina alternifolia/wingstem
| ||
|
Geranium maculatum/wood geranium
| ||
|
SELECTIVE NATIVE BUFFER PLANTS LIST
Source: PA Natural Resources and Conservation Service
(NRCS)
Common (Botanic Name)
| ||
|---|---|---|
|
SHRUBS
|
TREES2
| |
|
Black chokeberry (Aronia melanocarpa)
|
Shagbark hickory (Carya ovata)
| |
|
High-bush blueberry (Vaccinium corymbost)
|
White oak (Quercus alba)
| |
|
High-bush cranberry (Viburnum trilobum)
|
Red oak (Quercus rubra)
| |
|
Spicebush (Lindera benzoin)
|
Bur oak (Quercus macrocarpa)
| |
|
1Elderberry (Sambucus Canadensis)
|
Hackberry (Celtis occidentalis)
| |
|
Silky dogwood (Cornus amomum)
|
Butternut (Juglans cineria)
| |
|
Grey dogwood (Cornus racemosa)
|
Black cherry (Prunus seratina)
| |
|
1Serviceberry (Amelanchier Canadensis)
|
American crabapple (Malus coronaria)
| |
|
Maple-leaf viburnum (Viburnum acerifolius)
|
Black gum (Tupelo)(Nyssa sylvatica)
| |
|
American hazelnut (Corylus Americana)
|
Scarlet oak (Quercus coccinea)
| |
|
1Choke cherry (Prunus Virginiana)
|
Chestnut oak (Quercus prinus)
| |
|
Staghorn sumac (Rhus typhina)
|
Black willow (Salix nigra)
| |
|
Winterberry (Ilex vericillata)
|
Persimmon (Diosptros Virginiana)
| |
|
Arrowwood (Viburnum detatum)
|
Yellow birch (Betula alleghanienis)
| |
|
Blackhaw vibrunum (Viburnum prunifoliun)
|
Hop-hornbeam (Ostrya Virginiana)
| |
|
Nannyberry (Viburnum lentago)
|
Flowering dogwood (Cornus Florida)
| |
|
1Buttonbush (Cephalanthus occidentalis)
|
Basswood (Tilia Americana)
| |
|
Red chokeberry (Aronia arbutifolia)
|
American elm (Ulmus Americana)
| |
|
Red-osier dogwood (Cornus stolonifera)
|
Red (slippery) elm (Ulmus rubra)
| |
|
Silky willow (Salix sericea)
|
Silver maple (Acer saccharinum)
| |
|
Speckled alder (Alnus rugosa)
|
Sugar maple (Acer saccharum)
| |
|
Pussy willow (Salix discolor)
|
Grey birch (Betula populifolia)
| |
|
Ninebark (Physocarpus opulifolius)
|
Honey locust (Gleditsia triacanthos)
| |
|
1Mountain laurel (Kalmia latifolia)
|
Black locust (Robinia pseudoacacia)
| |
|
Witch-hazel (Hamamelis Virginiana)
|
Black (sweet) birch (Betula lenta)
| |
|
Sycamore (Platanus occidentalis)
| ||
|
TREES2
|
Sweet gum (Liquidambar styracflua)
| |
|
Swamp white oak (Quercus bicolor)
|
Tulip poplar
| |
|
Pin oak (Quercus palutris)
|
River birch (Betula nigra)
| |
|
Eastern redbud (Cercis Canadensis)
|
Paw paw (Asiminia triloba)
| |
|
Red maple (Acer rubrum)
|
Hawthorn (Crataegus viridis)
| |
|
Quaking aspen (Populus tremuloides)
|
Sweet bay magnolia (Magnolia Virginiana)
| |
|
Sassafras (Sassafras albidum)
|
American wild plum (Prunus Americana)
| |
|
Pignut hickory (Carya glabra)
|
American basswood (Tilia Americana)
| |
|
Black walnut (Juglans nigra)
|
Eastern white pine (Pinus strobus)
| |
|
American beech (Fagus grandifolia)
|
Eastern (Canadian) hemlock (Tsuga Canadensis)
| |
|
Red mulberry (Morus rubera)
|
Eastern red cedar (Juniperus Virginiana)
| |
|
Bitternut hickory (Carya cordiformis)
|
White spruce (Picea glauca)
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
These shrubs can be toxic to livestock and horses during certain
stages.
| |
|
2
|
No more than 5% of the number of trees shall be evergreen species.
| |
G.
Riparian buffer maintenance.
(1)
Riparian buffers must be generally undisturbed. Mature trees and long grasses absorb more nutrients than do manicured plants. Similarly, the more-extensive root systems retain passing sediments. These characteristics reduce pollution and yield abundant food and habitat for wildlife. The temptation to "over-maintain" the streamside must be overcome. Any noxious and/or invasive plant species shall be removed and destroyed as defined in § 220-11 of this chapter.
(2)
Where riparian buffers are to be located upon common property, the applicant must include a working plan that ensures perpetual maintenance of such buffer zones as specified in this § 220-29F.
(3)
Where riparian buffers are to be located upon private property, the applicant must include a legally binding instrument (e.g., easement, covenant, deed restriction, etc.), in a form acceptable to the Township Solicitor, which shall designate East Cocalico Township as the grantee and ensure perpetual maintenance of such buffer zones as specified in § 220-29F. Then all affected landowners shall be required to abide by such legal instrument.
(4)
The following lists required maintenance activities for each zone:
(a)
Zone 1: This zone compels little maintenance. As trees mature,
die and decay, it is important that such natural debris be allowed
to decompose within the stream. This will provide important food and
habitat for beneficial microorganisms, fish and amphibious animals.
However, any debris that may cause a rise in the floodplain due to
obstruction or displacement shall be removed promptly. Except as authorized
under the Pennsylvania Conservation Reserve Enhancement Program (CREP),
streamside grasses shall be allowed to seasonally flourish and recede.
Streamside cleanup of junk and man-made debris is permitted.
(b)
Zone 2: This zone requires the most attention, but not for some
time after initial planting, depending upon the maturity of canopy
trees installed. Here, the objective is to develop a stable and broad
canopy of tree cover. The trees within Zone 2 are fast-growing and
therefore consume many nutrients. The regular pruning and trimming
of these trees will increase their nutrient consumption and growth
rate and decrease the time to establishment as a closed canopy buffer
(a canopy that generally blocks sunlight from reaching the surface)
but should not jeopardize the important overhead canopy of shade.
Except as authorized under the Pennsylvania Conservation Reserve Enhancement
Program (CREP), the natural undercover shall be undisturbed, except
for periodic litter cleanup.
(c)
Zone 3: This zone also requires little maintenance. Long summer
grasses shall be allowed to flourish and recede with the seasons.
Grazing and haying are permitted so long as the residual grass length
is sufficient to disperse overland stormwater flows into Zone 2 and
avoid channelization.
H.
Emergency tree cutting.
(1)
At any time, a landowner may cut down any tree within the Riparian Buffer Overlay Zone that, because of its condition, location or any other factor, poses an immediate threat to the public health and safety. However, any trees removed shall be replaced in accordance with the requirements of the following § 220-29I of this chapter. Examples of appropriate emergency tree cutting include, but are not limited to:
(a)
Partially uprooted trees that are likely to topple onto nearby
structures, properties, roads and/or sidewalks;
(b)
Damaged trees with split trunks due to lightning strike or wind
or ice loads;
(c)
Trees that block emergency vehicle access during times of natural
disaster, civil defense or rescue;
(d)
Trees that have been partially damaged or fallen that threaten
to cause an immediate rise in floodwaters;
(e)
Trees that have been certified by a qualified forester to be
afflicted with a contagious disease, blight or infection or damage
from natural causes, from which the tree is unlikely to recover;
(f)
Trees that have been certified by a qualified forester to be
dead; and
(g)
Trees that have been certified by a qualified forester to be
an invasive species.
I.
Tree replacement standards.
(1)
Any person, partnership, corporation, and/or property owner who or which removes or destroys trees required by this § 220-29 of this chapter shall be subject to the penalties for violation as outlined herein and is responsible for replacement of said trees. This replacement shall be done on a tree-for-tree basis if the number of trees removed in violation of this chapter can be identified. If the number of trees cannot be identified, then the trees shall be replaced at a rate of one tree per 750 square feet of area of tree removal as determined by the Township Zoning Officer or as suggested by a qualified forester to accomplish the purposes of this Riparian Buffer Overlay Zone as listed in § 220-29A of this chapter.
(2)
Any person, partnership, corporation, and/or property owner who or which removes any tree(s) in accordance with the previous § 220-29H of this chapter shall be responsible for replacement of said trees. This replacement shall be done on a tree-for-tree basis or as suggested by a qualified forester to accomplish the purposes of this Riparian Buffer Overlay Zone as listed in § 220-29A of this chapter.
(3)
Replacement trees shall be deciduous, noninvasive, native to the Township, nursery-stock grown within a locale with similar climatic conditions as found within the Township, well-branched, and free of disease. Replacement trees shall be selected from the selective native buffer plants list in § 220-29F of this chapter. Plants not included on this list may be permitted by the Township when evidence is provided from qualified sources certifying their suitability for substitution. The trees shall be balled and burlapped and not less than two inches in caliper measured at breast height. The trees shall be at least 10 feet tall after planting and trimming. Branching shall start not less than six feet from the top of the root ball.
(4)
Replacement trees shall be placed in accordance with the standards of § 220-29F of this chapter as long as such location does not violate any other provision of this chapter or laws of the state.
(5)
Replacement trees cannot be used as credits to meet other planting requirements of this chapter for street tree plantings or landscape buffer, unless the original trees would have satisfied such requirements. Any replacement trees that are to be counted as required screening shall comply with the standards listed in § 220-44C of this chapter.
(6)
Replacement trees shall be planted within 90 days of initial tree
removal or, if because of the season, at the soonest time suggested
by a qualified forester.
J.
Nonconforming uses within the Riparian Buffer Overlay Zone. Irrespective of any standard contained within § 220-133 of this chapter, nonconforming structures or uses within the Riparian Buffer Overlay Zone that are not permitted under § 220-29E of this chapter may be continued but shall not be expanded or extended.
K.
Pennsylvania Conservation Resource Enhancement Program (CREP). It is the express intent of this § 220-29 of this chapter to facilitate landowner participation within the Pennsylvania Conservation Resource Enhancement Program (CREP). Any requirement, except for required buffer delineation, of this § 220-29 of this chapter that is inconsistent with an approved CREP management plan shall not apply, but only to the extent that it is inconsistent with the CREP.
