Township of West Lampeter, PA Districts

	A	Agricultural
	OSR	Residential - Open Space
	RR	Residential - Rural
	R-1	Residential - Low Density
	R-2	Residential - Medium Density
	R-3	Residential - Medium High Density
	RV	Residential - Village
	MS	Main Street
	MSL	Main Street Limited
	CN	Commercial - Neighborhood
	CH	Commercial - Highway
	OTR	Office/Technology/Residential
	I/M	Industrial/Mixed Use

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

Overlay districts. The Floodplain Area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts.

Purposes of each district. In addition to serving the overall purposes and objectives of this chapter and the Comprehensive Plan, each zoning district is intended to serve the following purposes:

(1)

A Agricultural. To promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. 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, it is the intent of this zone to limit the total number of subdivisions and the maximum lot sizes of nonagricultural uses so as to avoid the creation of farmettes which reduce the productivity of the Township's agricultural economy.

(2)

OSR Open Space Residential District. To provide for development with a low average intensity in areas that include significant important natural features, such as wetlands, creeks, flood-prone lands and steeply sloped areas. To protect the water quality and habitats along creeks and around lakes and promote groundwater recharge. To provide incentives and a certain amount of flexibility in lot layout through conservation-oriented development so that development can be clustered on the most suitable portions of a tract of land while avoiding overly intense development.

(3)

RR Rural Residential District. To provide for rural types of development at a lower overall density in a manner that protects creeks and other natural features. To avoid conflicts with nearby agricultural areas and recognize sewage limitations.

(4)

R-1 Low Density Residential District. To provide for low density residential neighborhoods that are primarily composed of single-family detached dwellings. To protect these areas from incompatible uses. To provide incentives and a certain amount of flexibility in lot layout through the neighborhood design option so that development can be clustered on the most suitable portions of a tract of land while still avoiding overly intense development.

(5)

R-2 Medium Density Residential District. To provide for medium density residential neighborhoods with a mix of housing types at a medium density. To protect these areas from incompatible uses. To meet requirements of state law to provide opportunities for various housing types.

(6)

R-3 Medium High Density Residential District. To provide opportunities for a mix of housing types at a medium high density.

(7)

RV Residential-Village District. To provide for a mix of housing types in a manner that promotes a pedestrian- and bicycle-friendly environment. To promote use of the neighborhood design option.

(8)

MS Main Street District. To provide business opportunities while seeking to develop a central community focus for the Township. To promote a pedestrian-friendly and bicycle-friendly environment. To promote an appropriate mix of retail, service, office, public, institutional and residential uses. To avoid heavy commercial uses that are most likely to conflict with the historic and scenic character and most likely to cause conflicts with homes. To primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload the road system. To carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along roads.

(9)

MSL Main Street Limited District. To provide for the preservation of existing architecturally significant structures within an area impacted by adjoining roads and businesses. Limited business opportunities in this District provide for smaller-scale uses that will not be obtrusive to the neighborhood and existing streetscape, will promote a mix of compatible uses, and will promote adaptive reuse of existing structures. Bonus incentives are provided to encourage adaptive reuse of converted structures, rather than the construction of new commercial buildings.

[Amended 9-9-2013 by Ord. No. 232]

(10)

CN Neighborhood Commercial District. To provide for lighter types of commercial uses that will be compatible with nearby homes.

(11)

CH Highway Commercial District. To provide for a variety of commercial uses along major highways where a variety of commercial uses are already present. To provide for a wider range of commercial uses than the CN and MS Districts, including uses that are more auto-related (such as gas stations). To carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along roads.

(12)

I/M Industrial/Mixed Use District. To provide for industrial and certain types of commercial development in a manner that is compatible with any nearby homes and the surrounding environment. To carefully control the types of industrial operations to avoid nuisances and environmental hazards. To encourage coordinated development, particularly in regard to traffic access. To recognize that the road system of the Township is only suitable for types of industries that do not generate large numbers of heavy truck traffic. To recognize that West Lampeter is not suitable for large areas of industrial development because of the proximity of all areas of the Township to homes and creeks. To offer alternatives for other types of development, such as residential development, provided that it occurs in a unified manner.

(13)

OTR Office/Technology/Residential District. To provide sufficient space, in appropriate locations, to meet needs for offices and complementary types of business development. This district is intended to control the types and intensities of uses to avoid nuisances and hazards. This district is also intended to provide for development that will generate additional tax revenue and wider employment opportunities. This district promotes an attractive, well landscaped, campus type of business park development that will aid in attracting new businesses. This district is also intended to encourage development that uses deed restrictions imposed by the subdivider as well as interior road systems. This district promotes landscaped front yards and substantial buffers adjacent to residential development to attract higher paying jobs to the Township. To also allow a portion of a tract of land to be used for the Neighborhood Design Option, to encourage appropriate mixed uses.

§ 285-22 Application of district regulations.

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

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

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

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

§ 285-23 Zoning Map.

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

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

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

§ 285-24 District boundaries.

The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map.

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

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

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

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

§ 285-25 Setbacks across municipal boundaries.

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

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

§ 285-26 Table of allowed uses in each zoning district.

For the purposes of this § 285-26, the following abbreviations shall have the following meanings in the Table of Allowed Uses, which follows:

P	=	Permitted by right use (zoning decision by Zoning Officer)
SE	=	Special exception use (zoning decision by Zoning Hearing Board)
C	=	Conditional use (zoning decision by Board of Supervisors)
N	=	Not permitted
(§ 285-42)	=	See additional requirements in § 285-42
(§ 285-43)	=	See additional requirements in § 285-43

Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 285-5B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.

(1)

See § 285-5B, which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 285-5B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table[1] is prohibited in that district.

[1]

Editor's Note: The Table of Allowed Uses is included on the following pages.

(2)

For temporary uses, see § 285-3.

TABLE OF ALLOWED USES Uses in Primarily Agricultural or Residential Zoning Districts
TYPES OF USES			ZONING DISTRICTS
(See definitions in Article II)			OSR	RR	R-1	R-2	R-3	RV	A
a.	RESIDENTIAL USES
	Single-Family Detached Dwelling:
	—	Involving 10 or more total acres or 20 or more new dwelling units	C	C	C	C	C	C	N
	—	Other than above	P	P	P	P	P	P	P³
	(Note: Manufactured/mobile homes shall also meet the additional requirements of § 285-42)
	(See also the Age-Restricted Residential Development Option which allows a bonus under § 285-36
	Neighborhood Design Option in compliance with § 285-34		N	N	C	C	C	C	N
	Open Space Development Option in compliance with § 285-31		C	C	N	N	N	N	N
	Twin Dwelling (side by side):[Amended 12-10-2007 by Ord. No. 202; 9-9-2013 by Ord. No. 232]
	—	Involving 10 or more total acres or 20 or more dwelling units	N	N	N¹	N¹	C	C	N
	—	Involving more than 2 dwelling units but less than 20 dwelling units on less than 10 total acres	N	N	N¹	N¹	P	C	N
	—	Involving 2 dwelling units or less	N	N	N¹	N¹	P	C	N
	Townhouse (Rowhouse) (§ 285-42):[Amended 12-10-2007 by Ord. No. 202; 9-9-2013 by Ord. No. 232]
	—	Involving 10 or more total acres or 20 or more dwelling units	N	N	N¹	N¹	C	C	N
	—	Other than above	N	N	N¹	N¹	P	C	N
	Multifamily Dwellings (§ 285-42) involving 10 or more total acres or 20 or more dwelling units, not including conversions of an existing building: [Amended 12-10-2007 by Ord. No. 202]
	—	Only two dwelling units in a building ("Duplex")	N	N	N	N¹	C	N¹	N
	—	Three or more dwelling units in a building	N	N	N	N¹	C	N¹	N
	Manufactured/Mobile Home Park (§ 285-42)		N	N	N	N	C	N	N
	Boardinghouse (includes Rooming House) (§ 285-42)		N	N	N	N	SE	N	N
	Group Home within a lawful existing dwelling unit (§ 285-42), not including a Treatment Center		P	P	P	P	P	P	P
	Conversion of an existing building to result in an increased number of dwelling units (See also "Unit for Care of Relative" under Accessory Uses)		N	N	N	N	SE	N	N
b.	COMMERCIAL USES² [Amended 9-9-2013 by Ord. No. 232]
	See also "Medical Residential Campus" under "Institutional Uses," which allows a mix of certain residential and nonresidential uses
	Bed-and-Breakfast Inn (§ 285-42)		SE	N²	N²	N²	N²	SE²	SE
	Camp (§ 285-42), not including Recreational Vehicle Campground		C	C	N	N	N	N	N
	Communications Tower/Antennas, Commercial (§ 285-42):
	—	Meeting § 285-42A(15)(a) pertaining to antenna placed on certain existing structures	P	P	P	P	P	P	P
	—	Antenna/tower that does not meet § 285-42A(15)(a) (such as freestanding towers)	N	N	N	N	N	N	C
	Farm service business [Added 4-13-2020 by Ord. No. 259]		N	N	N	N	N	N	C
	Golf Course (§ 285-42), with up to 9 holes and minimum lot area of 25 acres [Amended 11-13-2017 by Ord. No. 247]		P	P	P	P	P	P	N
	Kennel (§ 285-42)		N	N	N	N	N	N	P
	Plant Nursery or Tree Farm, with any on-site retail sales limited to trees and shrubs primarily grown on the premises, and with a 5% maximum building coverage and a two-acre minimum lot area		P	P	P	P	P	P	P
	Retreat Center (§ 285-42)		SE	SE	N	N	N	N	N
c.	INSTITUTIONAL/SEMIPUBLIC USES
	Cemetery (not including crematorium) (§ 285-42)		P	P	P	P	P	P	P
	Church: See "Place of Worship" below
	College or University - educational and support buildings		N	N	N	N	N	C	N
	Community Recreation Center or Library[Amended 12-10-2007 by Ord. No. 202]		P	N	P	P	P	P	N
	Cultural Center or Museum		SE	N	N	N	N	SE	SE
	Day-Care Center, Adult (§ 285-42)		N	N	N	N	N	SE	N
	Day-Care Center, Child (§ 285-42) (See also as an accessory use)		N	N	N	N	N	SE	N
	Emergency Services Station (§ 285-42)		SE	N	N	SE	SE	SE	N
	Hunting and Fishing Club, with a 5% maximum building coverage in a residential district. This term shall not include uses listed separately in this § 285-26.		P	N	N	N	N	SE	SE
	Maintenance Facilities for Residential Community Associations, which shall be required to be separated by landscaped screening from any dwellings		P	P	P	P	P	P	P
	Medical Residential Campus (§ 285-42)		N	N	N⁴	N	C	N	N
	Membership Club meeting and noncommercial recreational facilities, provided that an After-Hours Club, Tavern or uses listed separately in this § 285-26 shall only be allowed if so listed in this table and if the requirements for that use are also met.		N	N	N	N	N	N	N
	Nursing Home or Personal Care Home/Assisted Living (§ 285-42)		N	N	N	P	P	SE	N
	Place of Worship (§ 285-42) (includes "Church")		N	SE	SE	SE	SE	SE	SE⁵
	School, Public or Private, Primary or Secondary (§ 285-42):
	—	Serving fewer than 50 students at one time	P	P	P	P	P	P	P
	—	Serving 50 or more students at one time	N	C	C	C	C	C	N⁶
d.	PUBLIC/SEMIPUBLIC
	Township Government Uses, other than uses listed separately in this § 285-26		P	P	P	P	P	P	P
	Government Facility, other than uses listed separately in this § 285-26		SE	SE	SE	SE	SE	SE	SE
	Publicly Owned or Operated Recreation Park		P	P	P	P	P	P	P
	Public Utility Facility (see also § 285-14) other than uses listed separately in this § 285-26		SE⁷	SE⁷	SE⁷	SE⁷	SE⁷	SE⁷	SE⁷
	Swimming Pool, Nonhousehold (§ 285-42)		SE	SE	SE	SE	SE	SE	N
	U.S. Postal Service Facility, which may include a leased facility		N	N	N	N	N	P	N
e.	ACCESSORY USES
	See list of additional permitted uses in § 285-26C, such as "Residential Accessory Structure or Use"
	See additional requirements in § 285-43 for Specific Accessory Uses
	Accessory Dwelling Unit (§ 285-43) [Added 5-9-2011 by Ord. No. 222]		P	PP	p	p	P	P	P^7-1
	Bees, Keeping of (§ 285-43)		SE	SE	SE	SE	SE	SE	SE
	Bus Shelters for local bus service (§ 285-43)		N	N	P	P	P	P	N
	Composting, other than leaves or materials generated on site (§ 285-43)		SE	SE	N	N	N	N	SE
	Day-Care Center accessory to and on the same lot as an existing lawful Place of Worship		P	P	P	P	P	P	P
	Day Care (§ 285-43) as accessory to a dwelling:
	—	Day care of a maximum of 3 adults or youth, in addition to "relatives" of the caregiver	P	P	P	P	P	P	P
	—	Group Day-Care Home	N	N	N	N	SE	SE	SE
	—	Family Day-Care Home	SE	SE	SE	SE	SE	SE	SE
	Farm-Related Business (§ 285-43) ⁸		SE	SE	SE	SE	SE	SE	SE
	Accessory Office (§ 285-43), other than Home Occupation		N	N	N	N	N	SE	N
	Home Occupation, General (§ 285-43)		SE	SE	SE	SE	SE	SE	SE
	Home Occupation, Light (§ 285-43)		P	P	P	P	P	P	P
	Retail Sales of Agricultural Products (§ 285-43)		P	P	P	P	P	P	P
	Stable, Household (§ 285-43)		P	P	P	P	P	P	P
	Temporary Retail Sales - shall only occur if allowed by § 285-3G.
	Unit for Care of Relative (§ 285-43), except special exception approval shall be required if a new detached building will be constructed or placed on the lot.		P	P	P	P	P	P	P
f.	MISCELLANEOUS USES
	Agricultural Education Facility, which may involve accessory sales of agricultural products, agricultural demonstrations, and teaching of agricultural methods, but with residential uses limited to a maximum of one dwelling unit on the lot		N	N	N	N	N	N	P
	Crop Farming and Wholesale Greenhouses		P	P	P	P	P	P	P
	Forestry - see Timber Harvesting below
	Groundwater or Spring Water Withdrawal, averaging more than 10,000 gallons per day removed from a tract for off-site consumption (§ 285-42) (Not including on-site beverage bottling)		C	C	C	C	C	C	C
	Nature Preserve or Environmental Education Center, with a ten-acre minimum lot area for any use involving a principal building		P	P	P	P	P	P	P
	Parking Lot for carpooling		N	N	N	N	N	N	N
	Parking Lot as the Principal Use of a Lot		N	N	N	N	N	N	N
	Livestock or Poultry, Raising of (§ 285-42)
	—	Not intensive	P	P	SE	SE	SE	SE	P
	—	Intensive	N	SE	SE	SE	SE	SE	P
	Sewage Sludge/Biosolids, Land Application of (§ 285-43)		SE	SE	N	N	N	N	SE
	Sewage Treatment Plant		C	C	C	C	C	C	C
	Stable, Nonhousehold (§ 285-42; includes horse-riding academy) (See also "Pets" in § 285-43)		P	P	SE	SE	SE	SE	P
	Timber Harvesting (§ 285-42)		P	P	P	P	P	P	P
	Warehousing and Storage as a Principal Use (see § 285-35H) [Added 12-10-2007 by Ord. No. 202]		N	N	N	N	N	N	SE
	Windmills, which shall be required to have a setback equal to the total height from all lot lines, except that, if placed above a building, only the height of the pole and windmill needs to be set back from lot lines:
	—	Maximum of 1 Windmill per lot	P	P	P	P	P	P	P
	—	2 or more Windmills per lot	N	N	N	N	N	N	C
	All uses that will be unable to comply with the performance standards of this ordinance. See the "Environmental Protection" requirements of Article V		N	N	N	N	N	N	N

1	=	Except as may be allowed under the Neighborhood Design Option under § 285-34.
2	=	In addition, certain uses are allowed as a special exception within an historic building under § 285-37.
3	=	Additional requirements apply under § 285-35.
4	=	Also, a Medical Residential Campus shall be allowed as a conditional use on a tract within the R-1 District that directly abuts the R-3 District. See additional requirements for the R-1 District in § 285-42.
5	=	See maximum lot size in A District in § 285-42.
6	=	Shall be an allowed conditional use on a lot that is adjacent to a RV or R-3 Zoning District.
7	=	Special exception approval is not needed for water and sewage facilities if they are approved as part of a conditional use approval of a development.
7-1	=	Certain accessory dwelling units require conditional use approval as set forth in § 285-43D(20).
8	=	See standards in § 285-43. Some Farm-Related Businesses are permitted by right.
P	=	Permitted by use right (zoning decision by Zoning Officer).
SE	=	Special exception use (zoning decision by Zoning Hearing Board).
C	=	Conditional use (zoning decision by Board of Supervisors).
N	=	Not permitted.
(§ 285-42)	=	See additional requirements in § 285-42.
(§ 285-43)	=	See additional requirements in § 285-43.

TABLE OF ALLOWED USES Uses in Primarily Business Zoning Districts
TYPES OF USES			ZONING DISTRICTS
(See definitions in Article II)			MS & MSL³	CN	CH	I/M⁵	OTR⁴
a.	RESIDENTIAL USES
	Single-Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of § 285-42)		P	N	N	N²	N²
	(See also the Age-Restricted Residential Development optional bonus under § 285-36, with a ten-acre minimum tract size)
	Neighborhood Design Option meeting § 285-34 (Note: This typically allows a higher density and smaller lot sizes, and may allow various types of housing)		N	N	N	C	N
	Twin Dwelling (side-by-side)		P	N	N	N²	N²
	Townhouse (Rowhouse) (§ 285-42) [Amended 9-9-2013 by Ord. No. 232]		P¹¹	N	N	N²	N²
	Multifamily Dwellings (§ 285-42), other than conversions of an existing building		P¹	P¹	N	N²	N²
	Manufactured/Mobile Home Park (§ 285-42)		N	N	N	C	N
	Medical Residential Campus - See "Institutional Uses" below
	Boardinghouse (includes Rooming House) (§ 285-42)		N	N	SE	N	N
	Group Home within a lawful existing dwelling unit (§ 285-42), not including a Treatment Center		P	P	P	P	N
	Conversion of an existing building (§ 285-42) to result in an increased number of dwelling units (see also "Unit for Care of Relative" under Accessory Uses)[Amended 9-9-2013 by Ord. No. 232]		P	SE	SE	N	N
b.	COMMERCIAL USES
	Adult Use (§ 285-42)		N	N	N	SE	N
	After-Hours Club (Note: This use is effectively prohibited by State Act 219 of 1990)		N	N	N	N	N
	Airport (§ 285-42) (see also "Heliport")		N	N	N	C	N
	Amusement Arcade		N	P	P	N	P
	Amusement Park or Water Park		N	P	P	N	P
	Animal Cemetery (§ 285-42)		N	P	P	P	P
	Auditorium (Commercial), Arena, Performing Arts Center or Exhibition-Trade Show Center		N	SE	P	P	P
	Auto Repair Garage or Auto Service Station (§ 285-42) [Amended 12-8-2008 by Ord. No. 210]		C¹⁰	N	SE	N	SE
	Auto, Boat or Mobile/Manufactured Home Sales (§ 285-42) (other than tractor-trailer and trailer sales)		N	N	P	N	P
	Bakery, Retail		P	P	P	P	P
	Bed-and-Breakfast Inn (§ 285-42)		P	P	P	P	P
	Betting Use, in compliance with state law		N	N	N	SE	N
	Beverage Distributor (wholesale and/or retail) [Amended 9-9-2013 by Ord. No. 232]		SE⁷	SE	P	P	P
	Bus Maintenance or Storage Yard		N	N	P	P	P
	Bus Stop (other than maintenance or storage yard)		P	P	P	P	P
	Camp (§ 285-42), other than Recreational Vehicle Campground		N	SE	P	P	P
	Campground, Recreational Vehicle (§ 285-42), which may include an accessory camp store that is primarily for use by campers		N	N	SE	SE	SE
	Car Wash (§ 285-42)		N	N	P	N	P
	Catering, Custom, for off-site consumption		P	P	P	P	P
	Communications Tower/Antenna, Commercial (§ 285-42):
	—	Meeting § 285-42A(15)(a) pertaining to antenna placed on certain existing structures	P	P	P	P	P
	—	Antenna/tower that does not meet § 285-42A(15)(a) (such as freestanding towers)	N	N	SE	SE	SE
	—	Note: § 285-42A(15) also allows towers serving emergency services stations
	Conference Center [Amended 9-9-2013 by Ord. No. 232]		P¹¹	P	P	P	P
	Construction Company or Tradesperson's Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation. Accessory outdoor storage shall also meet § 285-65		SE⁶	P	P	P	SE⁶
	Crafts or Artisan's Studio (see also as Home Occupation)		P	P	P	P	P
	Custom Printing, Copying, Faxing, Mailing or Courier Service		P	P	P	P	P
	Exercise Club [Amended 9-9-2013 by Ord. No. 232]		P⁷	P	P	P	P
	Financial Institution (§ 285-42; includes banks), with any "drive-through" facilities meeting § 285-43		P	P	P	P	P
	Flea Market/Auction House		P⁷	N	P	P	P
	Funeral Home (§ 285-42)		SE	P	P	P	P
	Garden Center, Retail (see also "Wholesale Greenhouses") [Amended 9-9-2013 by Ord. No. 232]		P⁷	P	P	P	P
	Gas Station - See "Auto Service Station"
	Golf Course (§ 285-42), with a minimum lot area of 25 acres		P	P	P	P	P
	Heliport (§ 285-42)		N	N	N	SE	N
	Horseriding Academy - See "Stable" under Miscellaneous Uses
	Hotel or Motel (§ 285-42), which may include condominium or time-share units, provided that no person may occupy the lot for more than 90 days in any calendar year except a full-time on-site manager [Amended 9-9-2013 by Ord. No. 232]		P¹¹	P	P	P	P
	Kennel (§ 285-42)		N	N	SE	SE	SE
	Laundromat		P⁷	P	P	P	P
	Laundry, Commercial or Industrial		N	N	P	P	P
	Lumber Yard		N	N	P	P	P
	Medical Residential Campus - See under Institutional Uses below.
	Motor Vehicle Racetrack (§ 285-42)		N	N	N	C	N
	Nightclub (§ 285-42)		N	N	C	C	N
	Office (may include medical labs, see also Home Occupations)		P	P	P	P	P
	Pawn Shop		N	N	P	N	N
	Personal Services (includes tailoring, custom dressmaking, haircutting/styling, dry cleaning, shoe repair, "massage therapy, certified" and closely similar uses) (See also Home Occupation)		P	P	P	P	P⁸
	Picnic Grove, Private (§ 285-42)		SE	P	P	P	P
	Plant Nursery (other than a Retail Garden Center)		P	P	P	P	P
	Propane, Retail Distributor, with a maximum storage capacity of 100,000 cubic feet and a one-hundred-foot minimum setback between any storage or dispensing facilities and any residential district, and with fire company review		N	N	C	C	N
	Recording Studio, Music		P	P	P	P	P
	Recreation, Commercial Indoor (§ 285-42) (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in this § 285-26		SE	SE	P	P	N
	Recreation, Commercial Outdoor (including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in this § 285-26		N	SE	P	P	P
	Repair Service, Household Appliance		P	P	P	P	P
	Restaurant or Banquet Hall (§ 285-42):
	—	With drive-through service (§ 285-43)	N	N	P	P	P
	—	Without drive-through service	P	P	P	P	P
	Retail Store (not including uses listed individually in this § 285-26) or Shopping Center:		P⁷	P⁹	P⁹	P⁹	P
	—	Any drive-through service shall meet the requirements of § 285-43 for drive-through service and shall only be allowed in the CH District
	Self-Storage Development		N	N	P	P	P
	Target Range, Firearms:
	—	Completely indoor and enclosed	N	P	P	P	P
	—	Other than above (§ 285-42)	N	N	N	SE	N
	Tattoo or Body Piercing Establishment (other than temporary tattoos or ear piercing, which are personal service uses)		N	N	P	N	P
	Tavern, which may include a state-licensed microbrewery, (not including an After-Hours Club or Nightclub)		N	N	SE	SE	N
	Theater, Indoor Movie, other than an Adult Use		N	P	P	P	P
	Tractor-trailer, truck and trailer of such combos, sales and rental of		N	N	N	SE	N
	Trade/Hobby School		N	P	P	P	P
	Veterinarian Office (§ 285-42)		N	P	P	P	P
	Wholesale Sales - see under Industrial Uses
c.	INSTITUTIONAL/SEMIPUBLIC USES
	Cemetery (see "Crematorium," listed separately)		P	P	P	P	P
	Clubhouse for a Residential Community Association		P	P	P	P	P
	College or University - educational and support buildings (other than environmental education center)		P	P	P	P	P
	Community Recreation Center (limited to a government-sponsored or nonprofit facility) or Library		P	P	P	P	P
	Crematorium		N	N	SE	SE	N
	Cultural Center or Museum		P	P	P	P	P
	Day-Care Center, Adult (§ 285-42)		P	P	P	P	P
	Day-Care Center, Child (§ 285-42) (See also as an accessory use)		P	P	P	P	P
	Dormitory as accessory to a college, university or primary or secondary school		N	N	SE	N	N
	Emergency Services Station (§ 285-42)		P	SE	SE	SE	SE
	Hospital or Surgery Center		SE	SE	P	P	P
	Hunting and Fishing Club. This term shall not include uses listed separately in this § 285-26.		N	N	P	P	P
	Maintenance Facilities for on-site grounds maintenance, which shall be required to be separated by landscaped screening from any dwellings		P	P	P	P	P
	Medical Residential Campus (§ 285-42)		N	N	N	C	N
	Membership Club meeting and noncommercial recreational facilities, provided that an "After-Hours Club," "Tavern" or uses listed separately in this § 285-26 shall only be allowed if so listed in this table and if the requirements for that use are also met.		P	P	P	P	P
	Nursing Home or Personal Care Home/Assisted Living (§ 285-42)		P	P	P	P	P
	Place of Worship (§ 285-42) (includes "Church")		P	P	P	P	P
	School, Public or Private, Primary or Secondary (§ 285-42)		P	P	P	P	P
	Treatment Center (§ 285-42)		N	N	SE	SE	N
d.	PUBLIC/SEMIPUBLIC
	Township Government Uses, other than uses listed separately in this § 285-26		P	P	P	P	P
	Government Facility, other than uses listed separately in this § 285-26		SE	SE	SE	SE	SE
	Prison or Similar Correctional Institution		N	N	N	SE	N
	Publicly Owned or Operated Recreation Park		P	P	P	P	P
	Public Utility Facility (See also § 285-14) other than uses listed separately in this § 285-26		SE	SE	SE	SE	SE
	Swimming Pool, Nonhousehold (§ 285-42)		P	P	P	P	P
	U.S. Postal Service Facility, which may include a leased facility, with a maximum building floor area of 50,000 square feet in the MS, MSL and NC Districts		P	P	P	P	P
e.	INDUSTRIAL USES
	Asphalt Plant		N	N	N	SE	N
	Assembly or Finishing of Products Using Materials Produced Elsewhere (such as products from plastics manufactured off site)		N	N	N	P	C
	Building Supplies and Building Materials, Wholesale Sales of		N	N	P	P	N
	Distribution as a principal use (other than Trucking Company Terminal)		N	N	N	SE	N
	Industrial Equipment Sales, Rental and Service, other than vehicles primarily intended to be operated on public streets		N	N	P	P	N
	Junk - outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area		N	N	N	N	N
	Junkyard (§ 285-42)		N	N	N	C	N
	Liquid Fuel Storage, Bulk, for off-site distribution, other than: Auto service station, retail propane distributor as listed separately, prepackaged sales or fuel tanks for company vehicles		N	N	N	C	N
	Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
	—	Agricultural Chemicals, Fertilizers or Pesticides	N	N	N	SE	N
	—	Apparel, Textiles, Shoes and Apparel Accessories (see also Crafts Studio)	N	N	N	P	C
	—	Cement Manufacture	N	N	N	SE	N
	—	Ceramics Products (other than Crafts Studio)	N	N	N	P	N
	Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
	—	Chemicals, Manufacture or Bulk Processing of Toxic or "Extremely Hazardous Substances" in amounts in excess of the U.S. EPA Threshold Planning Quantity or substances with similar characteristics	N	N	N	SE	N
	—	Chemical Products, other than pharmaceuticals and types listed separately (see above)	N	N	N	SE	N
	—	Clay, Brick, Tile and Refractory Products	N	N	N	P	N
	—	Computers and Electronic and Microelectronic Products	N	N	N	P	C
	—	Concrete, Cement, Lime and Gypsum Products, other than actual manufacture of cement	N	N	N	SE	N
	—	Electrical Equipment, Appliances and Components	N	N	N	P	C
	—	Explosives, Fireworks or Ammunition	N	N	N	SE	N
	—	Fabricated Metal Products (except Explosives, Fireworks or Ammunition) and/or Machine Shops	N	N	N	SE	N
	—	Food (Human) and Beverage Products, at an industrial scale as opposed to a clearly retail scale, including but not limited to processing, bottling and related trucking of water removed from a site (not including uses listed individually in this § 285-26)	N	N	P	P	C
	—	Food products for animals	N	N	N	P	N
	—	Gaskets	N	N	N	P	N
	—	Glass and Glass Products (other than Crafts Studio)	N	N	N	P	N
	—	Incineration, Reduction, Distillation, Storage or Dumping of Slaughterhouse Refuse, Rancid Fats, Garbage, Dead Animals or Offal (other than within an approved solid waste facility)	N	N	N	N	N
	—	Jewelry and Silverware	N	N	N	P	C
	—	Leather and Allied Products (other than Crafts Studio or Tannery)	N	N	N	P	C
	—	Machinery	N	N	N	P	N
	—	Manufactured or Modular Housing Manufacture	N	N	N	P	N
	—	Medical Equipment and Supplies	N	N	N	P	C
	—	Metal Products, Primary	N	N	N	SE	N
	Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
	—	Mineral Products, Nonmetallic (other than mineral extraction)	N	N	N	SE	N
	—	Paper and Paper Products (including recycling, but not including manufacture of raw paper pulp)	N	N	N	P	C
	—	Paper - Raw Pulp	N	N	N	SE	N
	—	Paving Materials, other than bulk manufacture of asphalt	N	N	N	SE	N
	—	Pharmaceuticals and Medicines	N	N	N	P	C
	—	Plastics, Polymers, Resins, Vinyl, Coatings, Cleaning Compounds, Soaps, Adhesives, Sealants, Printing Ink or Photographic Film	N	N	N	SE	N
	—	Products from Previously Manufactured Materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber	N	N	N	P	C
	—	Prototypes, as accessory to a Research and Development principal use	N	N	C	P	C
	—	Roofing Materials and Asphalt-Saturated Materials or Natural or Synthetic Rubber	N	N	N	SE	N
	—	Scientific, Electronic and Other Precision Instruments	N	N	N	P	C
	—	Sporting Goods, Toys, Games, Musical Instruments or Signs	N	N	C	P	N
	—	Transportation Equipment	N	N	N	P	N
	—	Wood Products and Furniture (not including raw paper pulp)	N	N	C	P	N
	—	See § 285-5 for uses that are not listed
	Mineral Extraction (§ 285-42) and related processing, stockpiling and storage of materials removed from the site, but including groundwater or spring water withdrawals		N	N	C	C	N
	Packaging		N	N	P	P	N
	Package Delivery Services Distribution Center		N	N	N	SE	N
	Petroleum Refining		N	N	N	SE	N
	Photo Processing, Bulk		N	P	P	P	N
	Printing or Bookbinding		N	P	P	P	N
	Recycling Center, Bulk Processing, provided all operations of an industrial scale occur within an enclosed building (this use does not include a solid waste disposal or transfer facility)		N	N	C	P	N
	Research and Development, Engineering or Testing Facility or Laboratory (other than medical laboratories, which is considered an Office Use)		N	N	P	P	C
	Sawmill/Planing Mill		N	N	P	P	N
	Slaughterhouse, Stockyard or Tannery, with a four-hundred-foot minimum setback from all lot lines		N	N	N	SE	N
	Solid Waste Landfill (§ 285-42)		N	N	N	C	N
	Solid Waste Transfer Facility or Waste-to-Energy Facility (§ 285-42)		N	N	N	C	N
	Trucking Company Terminal (§ 285-42)		N	N	N	C	N
	Warehousing or Storage as a principal use		N	N	N	P	N
	Warehousing or Storage as an on-site accessory use		N	P	P	P	P
	Welding		N	N	P	P	N
	Wholesale Sales (other than Motor Vehicles)		N	N	P	P	N
f.	ACCESSORY USES
	See list of additional permitted uses in § 285-26C, such as "Residential Accessory Structure or Use"
	See additional requirements in § 285-43 for specific accessory uses
	Bees, Keeping of (§ 285-43)		SE	SE	SE	SE	SE
	Bus Shelter (§ 285-43) to shelter persons waiting for a bus		P	P	P	P	P
	Composting (§ 285-43), other than leaves, tree bark or materials generated on site which are permitted by right		N	N	SE	SE	N
	Day-Care Center accessory to and on the same lot as an existing lawful Place of Worship, with a minimum lot area of two acres		P	P	P	P	N
	Day Care (§ 285-43) as accessory to a dwelling:
	—	Day care of a maximum of 3 adults or youth, in addition to "relatives" of the caregiver	P	P	P	P	P
	—	Group Day-Care Home	SE	SE	SE	P	N
	—	Family Day-Care Home	SE	SE	P	P	N
	Farm-Related Business (§ 285-43)		N	P	P	P	SE
	Home Occupation, General (§ 285-43)		SE	SE	SE	P	P
	Home Occupation, Light (§ 285-43)		P	P	P	P	P
	Outdoor Storage and Display as accessory to a business use, which shall also comply with §§ 285-43, 285-65 and 285-66		P	P	P	P	P
	Parking Lot for carpooling (see also Miscellaneous Uses below)		P	P	P	P	P
	Retail Sales of Agricultural Products (§ 285-43)		P	P	P	P	P
	Temporary Retail Sales (§ 285-3G)		P	P	P	P	N
	Unit for Care of Relative (§ 285-43)		P	P	P	P	P
g.	MISCELLANEOUS USES
	Crop Farming and Wholesale Greenhouses		P	P	P	P	P
	Groundwater or Spring Water Withdrawal, averaging more than 10,000 gallons per day, removed from a tract for off-site consumption (§ 285-42) (See also requirements for food and beverage bottling and processing under Industrial Uses)		C	C	C	C	C
	Nature Preserve or Environmental Education Center, with a ten-acre minimum lot area for any use involving a principal building		P	P	P	P	P
	Parking Lot or Structure as an accessory use		P	P	P	P	P
	Parking Lot or Structure as a principal use that does not primarily serve tractor-trailer trucks or trailers		P	P	P	P	P
	Parking Lot or Structure as a principal use that primarily serves tractor-trailer trucks or trailers		N	N	N	SE	N
	Livestock or Poultry, Raising of (§ 285-42):
	—	Intensive	SE	SE	SE	SE	SE
	—	Not intensive	SE	P	P	P	P
	Sewage Sludge/Biosolids, Land Application of (§ 285-43)		SE	SE	SE	SE	SE
	Sewage Treatment Plant		C	C	C	C	C
	Stable, Nonhousehold (§ 285-42; includes horse-riding academy)		N	SE	P	P	P
	Timber Harvesting (§ 285-42)		P	P	P	P	P
	Windmill, maximum of one per lot, which shall be required to have a setback equal to the total height from all lot lines of existing dwellings and residential districts, except that if placed above a building, only the height of the pole and windmill needs to be setback from lot lines		P	P	P	P	P
	All uses that will be unable to comply with the performance standards of this chapter. See the "Environmental Protection" requirements of Article V		N	N	N	N	N

1	=	Multifamily dwellings shall be limited to above a street level principal nonresidential use within a building of less than 6,000 square feet of floor area and with each dwelling unit having a minimum floor area of 750 square feet, and provided there is a minimum of 4,000 square feet of lot area per dwelling unit.
2	=	Except as may be allowed through the Neighborhood Design Option under § 285-34.
3	=	See additional requirements in § 285-39.
4	=	See additional requirements in § 285-38. Non-office commercial uses shall be limited to a maximum of 20% of the tract area of a Planned Mixed-Use Development and must be within a Planned Mixed-Use Development. No retail establishment shall exceed a building floor area of 80,000 square feet.
5	=	In addition, a tract within the I/M District of at least 10 acres may be developed under all of the requirements of the OTR District instead of the requirements of the I/M District.
6	=	Outdoor storage shall be limited to a maximum of 15% of the lot area.
7	=	Limited to a maximum building floor area per establishment of 4,000 square feet in the MSL and NC Districts and 10,000 square feet in the MS District.
8	=	Retail sales, personal service uses and restaurants shall be limited to a total maximum of 10% of the floor area of a building.
9	=	If an individual retail store or a shopping center includes a total of more than 50,000 square feet of new or expanded retail building floor area, then conditional use approval shall be required. However, in the I/M District, no retail store shall exceed 50,000 square feet of building floor area.
10	=	Auto repair garages are permitted by conditional use only in the MS District. Auto repair garages are not permitted in the MSL District. Auto service stations are not permitted in either the MS District or the MSL District. [Added 12-8-2008 by Ord. No. 210]
11	=	Conditional use approval shall be required for uses in the MSL District. [Added 9-9-2013 by Ord. No. 232]
P	=	Permitted by use right (zoning decision by Zoning Officer).
SE	=	Special exception use (zoning decision by Zoning Hearing Board).
C	=	Conditional use (zoning decision by Board of Supervisors).
N	=	Not permitted.
(§ 285-42)	=	See additional requirements in § 285-42.
(§ 285-43)	=	See additional requirements in § 285-43.

Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 285-43 and all other requirements of this chapter:

(1)

Standard antennas, including antennas used by contractors to communicate with their own vehicles.*

Fence* or wall.*

Garage, household.

Garage sale.*

Pets, keeping of.*

Parking or loading, off-street, only to serve a use that is permitted in that district.

(7)

Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth and their occasional invited guests.

(8)

Residential accessory structure (see definition in Article II).*

(9)

Signs, as permitted by Article VII.

(10)

Swimming pool, household.*

(11)

Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.

* See standard for each in § 285-43.

Permitted accessory uses to business and institutional uses. The following are permitted by right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:

(1)

Storage of fuels for on-site use or to fuel company vehicles.

(2)

The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

(a)

Internal cafeteria without drive-through service;

(b)

Day-care center; or

(c)

Recreational facilities.

(3)

Bus shelters meeting § 285-43.

(4)

Automatic transaction machine (ATM).

(5)

Storage sheds meeting the requirements of § 285-27A.

§ 285-27 Dimensional requirements in each district.

The following table of area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 285-42 and 285-43 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in § 285-20.

TABLE OF DIMENSIONAL REQUIREMENTS
Zoning District: Type of Use			Minimum Lot Area (square feet) (Note E)	Minimum Lot Width Measured at Minimum Building Setback Line (feet)	Minimum Front Yard Setback (feet) (Note D)	Minimum Rear Yard Setback (feet)**	Minimum Side Yard Setback (each) (feet)**	Maximum Percent Building Coverage	Maximum Percent Impervious Coverage
OSR Open Space Residential District: See also Open Space Development Option in § 285-31, which may allow smaller lot sizes, smaller lot widths and density bonuses.			130,680 (3 acres), unless a larger lot area is required by § 285-30	250	50	50	30	10%	20%
A Agricultural District: The requirements of § 285-35 shall apply.
RR Rural Residential District: See also Open Space Development Option in § 285-31, which may allow smaller lot sizes, smaller lot widths and density bonuses.			87,120 (2 acres)	200	50	50	15	15%	20%
R-1 Low Density Residential District:
	a) Single-family detached dwelling:				a) - b): 30	a) - b): 35	a) - b): 15	a) - b): 30	a) - b): 40
		a 1) Without Township-approved central water service and without Township-approved central sewage service	a 1) 43,560 (1 acre)	a 1) 150
		a 2) With Township-approved central water or Township-approved central sewage service	a 2) 39,000	a 2) 150
		a 3) With both Township-approved central water and Township-approved central sewage services:	a 3) 15,000	a 3) 100
	b) Other allowed principal use		b) 43,560 (1 acre)	b) 150
See the Neighborhood Design Option in § 285-34, which may allow smaller minimum lot sizes, smaller lot widths, greater varieties in housing types and density bonuses.
See also the Age-Restricted Residential Development Option in § 285-36.
All dwellings shall have a minimum principal building width and length of 20 feet (not including unenclosed structures).
R-2 Medium Density Residential District:
	a) Single-family detached dwellings:				a) - b): 30	a) - b): 30	a 1) 15	a) - b): 50%	a) - b): 60%
		a 1) Without Township-approved central water service and without Township-approved central sewage services	a 1) 43,560 (1 acre)	a 1) 105
		a 2) With Township-approved central water or Township-approved central sewage service	a 2) 39,000	a 2) 105			a 2) and a 3) One side yard with a minimum of 8 feet, provided the total of both side yards is a minimum of 20 feet
		a 3) With both Township-approved central water and Township-approved central sewage services	a 3) 9,000	a 3) 70
	b) Other allowed principal use.		b) 20,000	b) 100			b) 15
See the Neighborhood Design Option in § 285-34, which may allow smaller minimum lot sizes, smaller lot widths, greater varieties in housing types and density bonuses.
See also the Age-Restricted Residential Development Option in § 285-36.
R-3 Medium High Density Residential District:
	a) Single-family detached dwellings:				a) - c): 25	a) - c): 30		a) - c): 50%	a) - c): 60%
		a 1) Without both Township-approved central water service and Township-approved central sewage services	a 1) 43,560	a 1) 150			a 1) 15
		a 2) With both Township-approved central water and Township-approved central sewage services	a 2) 7,000	a 2) 55			a 2) One side yard with a minimum width of 5 feet, provided the total of both side yards is a minimum of 15 feet.
	b) The following housing types, each of which shall require Township-approved central water and Township-approved central sewage services:						b): 10, except 0 at the shared lot line of lawfully attached dwellings.
		b 1) Twin dwelling unit	b 1), b 2) and b 3): Minimum average lot area of 7,000 per dwelling unit (Note C)	b 1) 35 per dwelling unit
		b 2) Townhouse		b 2) 20 per interior dwelling unit, and 40 for each end unit (Note B)
		b 3) Duplex or other multifamily dwellings, which shall be detached from other buildings		b 3) 100
		b 4) Manufactured home parks shall meet the requirements for such use as stated in § 285-42, instead of the requirements of this section
	c) Other allowed principal use		c) 25,000	c) 100			c) 15
See the Neighborhood Design Option in § 285-34, which allows smaller minimum lot sizes, smaller lot widths, and density bonuses. See also the Age-Restricted Option in § 285-36.
RV Village Residential District:
	a) Single-family detached dwelling		a) 7,000	a) 55	a) and b): 25	a) and b): 30	a) and b): 10	a) and b): 50%	a) and b): 65%
	b) Other allowed use		b) 25,000	b) 10
See the Neighborhood Design Option in § 285-34, which allows smaller minimum lot sizes, smaller lot widths, and density bonuses. See also the Age-Restricted Option in § 285-36
MS Main Street [Amended 12-8-2008 by Ord. No. 210; 9-9-2013 by Ord. No. 232]
	a) Principal Residential Uses - the regulations for the R-3 District shall apply
	b) Other allowed use		b) 10,000	b) 80, except 200 feet if a new lot is created with own driveway entering directly onto an arterial street	b) 10	b) 35 (Note G)	b) 10, except 20 for a new principal non-residential building from an adjoining dwelling	b) 40%	b) 80%
MSL Main Street Limited District [Amended 12-8-2008 by Ord. No. 210; 9-9-2013 by Ord. No. 232]
	a) Principal Residential Uses - the regulations for the R-3 District shall apply
	b) Other allowed use		b) 10,000	b) 80, except 200 feet if a new lot is created with own driveway entering directly onto an arterial street	b) (Note H)	b) 35 (Notes G and I)	b) 10, except 20 for a new principal non-residential building from an adjoining dwelling (Note I)	b) 40%	b) 65%(Note J)
CN Neighborhood Commercial and CH Highway Commercial Districts: Allowed use			30,000	100, except 200 for a new lot approved after the adoption of this chapter that will have its own vehicle access directly onto an arterial street	30, except 50 feet where off-street parking will exist between the principal building and an arterial street	30 (Note A)	15 (Note A)	40%	70%
I/M Industrial/Mixed Use District:
	a) Residential uses shall be allowed under the regulations of the R-3 District. Residential uses shall only be allowed on a minimum tract of 10 acres
	b) Other allowed use		b) 87,120 (2 acres)	b) 200	b) 30	b) 30 (Note A)	b) 25 (Note A)	b) 40%	b) 70%
In addition, a tract within the I/M District of at least 10 acres may be developed under all of the requirements of the OTR District, instead of the requirements of the I/M District.
OTR Office/Technology/ Residential District:
	a) For development under the Neighborhood Development Option, § 285-34 shall apply
	b) Other allowed use		b) 3 acres, except 1 acre if the applicant first receives approval for a Planned Business Development	b) 300, except 100 feet for a lot within an approved Planned Business Development	b) 40, except 60 adjacent to an arterial street	b) 20 each, except 60 for a side yard contiguous to an existing residential lot	b) 20, except 60 for a side yard contiguous to an existing residential lot	b) 50	b) 60, unless incentives are approved under § 285-38
See additional requirements for the OTR District in § 285-38.

NOTES FOR THE ABOVE TABLE:
**	=	The following exceptions shall apply:
		-	For accessory structures and uses, see § 285-27C below.
		-	Structures shall not obstruct minimum sight clearance at intersections.
		-	See § 285-65B pertaining to corner lots.
		-	See § 285-67 regarding extension of nonconforming setbacks.
		-	See § 285-65 regarding permitted reductions in setbacks to reflect average setbacks of adjacent buildings.
		-	See § 285-69 which may require additional setbacks along existing streets.
		-	See § 285-27D regarding setbacks from adjoining agricultural uses.
(Note A)	=	Except 40 feet side and 50 feet rear for a principal business use from a directly abutting principal residential lot in a residential district. A side or rear yard shall be increased to 100 feet for any new or expanded portion of an industrial building or tractor-trailer truck loading dock from the lot line of a primarily residential use in a residential district.
(Note B)	=	Except if two or more side-by-side off-street parking spaces are located in the front yard of a townhouse or if garage door(s) for two or more vehicles face onto the street in the front of the townhouse, then the minimum building width per dwelling along such street shall be a minimum of 24 feet. A maximum of 50% of the land area between the front of each townhouse and the right-of-way line shall be used for vehicle parking and driveways.
(Note C)	=	These provisions are intended to allow flexibility in the placement of individual dwelling units, regardless of whether the homes are condominium or fee-simple, and regardless of whether public streets, private streets or parking courts are used.
		-	The minimum average lot area per dwelling unit establishes the maximum number of units permitted on a tract of land.
		-	The minimum average lot area per dwelling unit shall be calculated after deleting existing street right-of-way of existing streets and alleys, but shall include: right-of-way of proposed streets and alleys and areas of parking courts, common open space and stormwater detention basins.
		-	A golf course (not including areas covered by buildings and paving) may count towards the common open space, provided that it includes more than 50 acres of lot area and is preserved by a permanent conservation easement at the time of development approval.
		-	See also the applicable standards in § 285-42, which may require common open space.
(Note D)	=	Setbacks shall be measured from the future/ultimate right-of-way. An unenclosed front porch or deck may intrude up to 10 feet into the minimum front yard. This porch or deck may be covered by a roof. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front yard setback for the property.[Amended 12-10-2007 by Ord. No. 202]
(Note E)	=	See natural feature regulations, including § § 285-28 and 285-30.
(Note F)	=	Additional lot coverage is permitted if pervious materials are utilized; however, in no case shall a lot exceed twenty-percent lot coverage beyond that which is specified for impervious coverage (pervious and impervious combined). [Added 12-10-2007 by Ord. No. 202]
(Note G)	=	The rear yard setback in MS and MSL Districts may be reduced to 25 feet for uses allowed by conditional use if the Board of Supervisors determines in a conditional use proceeding based upon substantial evidence presented by the applicant that such reduction is necessary for the reasonable development and use of the lot and if the lot abuts another commercial use or uses and not a residential use. If the setback reduction is approved, the setback area between the proposed building and the lot line must be planted with a vegetative buffer shield satisfactory to the Board of Supervisors. [Added 12-8-2008 by Ord. No. 210; amended 9-9-2013 by Ord. No. 232]
(Note H)	=	On lots abutting streets on more than one side, the front setback requirements shall apply to each of the abutting streets. A principal structure need not be set back more than the average of the setback of the principal structures on contiguous abutting lots existing as of the date of the enactment of this chapter. If a vacant lot exists on one or both sides of the lot, the front yard setback shall not be less than 40 feet.[Added 9-9-2013 by Ord. No. 232]
(Note I)	=	Any new nonresidential principal structure adjacent to an existing residential lot shall provide a landscape buffer in accordance with § 285-65D(1)-(7) within the required setback.[Added 9-9-2013 by Ord. No. 232]
(Note J)	=	See § 285-39 for additional requirements in the MSL District.[Added 9-9-2013 by Ord. No. 232]

Height. Except as provided in § 285-64, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:

(1)

Any structure that is accessory to a dwelling on a lot of less than five acres shall have a maximum height of two stories (with the second story limited to nonhabitable storage areas) or 25 feet, whichever is more restrictive, and except where a habitable second story is allowed in a neighborhood design development;

(2)

In the OTR District, § 285-38 shall apply; and

(3)

The maximum height for any other structure shall be 2.5 stories or 40 feet, whichever is more restrictive.

Accessory structures and uses.

(1)

Accessory structures and uses shall meet the minimum yard setbacks provided for in § 285-27A, unless otherwise provided for in this chapter, including this Subsection C.

(2)

The minimum side and rear yard setback apply for a permitted detached structure that is accessory to a dwelling shall be 10 feet in the OSR, RR and R-1 Districts and five feet in other districts, except in the following cases:

(a)

The minimum rear setback shall be reduced to three feet for a residential accessory storage shed having a total floor area of less than 150 square feet.

(b)

A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.

(c)

A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may or may not be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See also Note D of the Table for Dimensional Requirements at the end of this chapter concerning front yard setbacks.

(d)

See § 285-43 for swimming pools.

(e)

If any accessory building or pool is constructed adjacent to a street (such as a rear yard on a lot that is adjacent to a street along the front lot line and another street along the rear lot line), then the building or pool shall be separated from such street by a buffer yard meeting § 285-65.

(3)

No accessory structure and no swimming pool shall be allowed within the front yard except as meeting the following criteria:

[Amended 12-10-2007 by Ord. No. 202]

(a)

Minimum lot size of two acres.

(b)

Minimum front yard setback for principal buildings: 100 feet.

(c)

Screening to be provided between the accessory structure or swimming pool and any adjoining lot or street right-of-way in accordance with § 285-65D(6).

Agricultural setback requirement. No dwelling unit shall be located within 75 feet of any actively farmed parcel within the Agricultural Zone. In addition, no shrub nor tree shall be planted within 10 and 20 feet, respectively, of any parcel within the Agricultural Zone.

§ 285-28 Wetlands and lakes.

Lot area. Wetlands (as officially defined under federal and/or state regulations), ponds and lakes shall not be counted toward the minimum lot area of any lot or tract of land. This Subsection A shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.

Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.

Wetland setbacks. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any wetland.

§ 285-29 Sewage and water services.

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

(1)

All applicable requirements of state regulations and the Subdivision and Land Development Ordinance[1] are met;

[1]

Editor's Note: See Ch. 240, Subdivision and Land Development.

(2)

The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and

(3)

The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.

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

(1)

All applicable requirements of state regulations and the Subdivision and Land Development Ordinance are met;

(2)

(3)

The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.

On-lot septic systems.

(1)

Purpose. To ensure that a suitable location is available for a new septic system if the original septic system should malfunction.

(2)

This Subsection C shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this zoning chapter.

(3)

Each lot shall include both a primary and a reserve septic system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet Pennsylvania Department of Environmental Protection regulations for a septic system location prior to approval of the final subdivision or land development plan.

(4)

The requirement for a reserve septic system location shall not apply to the following:

(a)

A lot of over 10 acres;

(b)

The simple merger of two or more existing lots or an adjustment to lot lines of an existing lot;

(c)

A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot; or

(d)

Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township.

(5)

The reserve septic system location shall be kept clear of buildings and parking and shall be shown on any subsequent applications for new or expanded buildings or parking. The Township may require that the location be recorded on the deed.

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

(1)

Such plan shall show that the proposed locations will meet the minimum isolation distances established by PA DEP regulations between a well and septic systems on the subject lot and all adjacent lots.

(2)

A plan may show the outer extent of potential well locations instead of one exact location, provided all of the potential area would still meet the isolation distance.

(3)

If the well or septic system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of the building permit.

(4)

It is requested that well sites be placed in the front yard, thereby allowing septic systems to be placed in the rear yard. The intent is to minimize the visibility of any septic mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between septic systems and wells.

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

§ 285-30 Steep slopes.

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

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

Slopes over 25%. A new principal building shall not be located on a slope greater than 25%.

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

(1)

Any lot proposed to be used for a single-family detached dwelling shall include a proposed building area with a minimum of 4,000 square feet of land area. Such building area shall not include land area restricted by the minimum yard areas. Such building area shall contain the proposed location of the dwelling. The dwelling shall be built within the proposed building area shown on the plan, except as may be approved under Subsection F.

(a)

If such building area for each lot includes an average slope of greater than 15%, then the minimum lot area shall be two acres, unless a larger lot area is required by another section of this chapter.

(b)

Through designations on the Township-approved site plan, an applicant may limit the area upon which new principal buildings are permitted. By committing to not place a principal building on slopes over 15%, the applicant can avoid the larger lot size requirement of this subsection.

(2)

Access. Each lot shall be accessible from an existing or proposed street by means of a driveway with a maximum grade of 15%.

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

(1)

For such uses, the building area shall include locations of all proposed buildings and parking areas and outdoor storage areas and an area 20 feet around buildings, parking and storage areas. Such building area shall also contain the proposed locations of any primary and alternate on-lot septic systems.

(2)

Access. Each principal building and each parking area shall have vehicle access from an existing or proposed street by means of a driveway with a maximum grade of 10%.

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

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

(1)

Site plan. The site plan shall show:

(a)

The proposed lot lines;

(b)

The existing and proposed contours; and

(c)

Existing and proposed building locations and the outer perimeter of the proposed building area as described above.

(2)

Mature trees. Where building or alteration is proposed on slopes of over 15%, the applicant shall prove to the satisfaction of the Zoning Officer that the removal of healthy trees with a trunk width of over six inches (measured at a height 4.5 feet above the ground level) and other attractive natural vegetation will be minimized. The Zoning Officer may ask for reviews by the Township Engineer or Planning Commission. The site plan shall show wooded areas to be removed or preserved and methods to be used to make sure trees are protected by temporary fences or other measures during the construction process.

§ 285-31 Open space development option.

Purposes. To allow reasonable amounts of flexibility in site planning of residential development to: a) protect environmentally sensitive areas and avoid severe soil erosion and sedimentation; b) avoid severely increased stormwater flows and speeds; c) preserve areas of prime farmland; d) provide additional recreation land; e) steer development to those areas that are more physically suited for it; f) avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain and plow snow upon; g) avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice; h) conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats; i) reduce construction costs and municipal maintenance costs; j) provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer; and k) allow each property owner a reasonable use of his/her land related directly to the features and location and accessibility of the land. This option will encourage the preservation of significant areas of preserved open space.

Applicability. This § 285-31 allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves compliance with all of the requirements of this § 285-31 to the satisfaction of the Township.

(1)

An open space development is a residential development that meets the requirements of this § 285-31 and is granted conditional use approval by the Board of Supervisors as an open space development. An open space development shall only be allowed in zoning districts where the use is listed as allowed in § 285-26.

(2)

Uses. An open space development shall only include the following uses: single-family detached dwellings; nature preserves; Township-owned recreation; recreation uses that the Township approves to be within the preserved open space; crop farming; a golf course; utilities necessary to serve the development; and customary permitted accessory uses. A mobile home/manufactured home park shall not qualify as an open space development.

(3)

A tract may be eligible for approval for an open space development if it includes a minimum of 10 acres of lot area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks.

(a)

The amount of preserved open space shall be based upon the total lot area of all lots within the development, prior to subdivision, and prior to deletion of rights-of-way of future streets and before deleting the area of any environmental features. Land area of future rights-of-way of existing streets may be deleted from the total lot area before calculating the required amount of preserved open space.

[1]

Areas that were preserved by a conservation or agricultural preservation easement or deed restriction prior to the submittal of the subdivision shall not be counted towards the area of the tract in calculating preserved open space or allowed density.

(b)

Areas used for a principal nonresidential use (other than uses approved by the Township to be part of the preserved open space, such as an agricultural barn or golf course) shall not be included within the land area used to calculate residential density.

(c)

Conservation easements or deed restrictions shall be established on lots as necessary to make sure that the maximum density requirement is met over time. Such conservation easements shall prevent the resubdivision of lots in a manner that would violate this § 285-31.

(4)

An open space development shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this § 285-31.

(5)

Procedures.

(a)

Applicants are strongly encouraged to first submit a layout plan with the conditional use application before completing detailed fully-engineered preliminary subdivision plans. This two-step process will allow the Township and applicant to mutually agree upon the preserved open space and development layout before large sums of money are spent by the applicant on detailed engineering. This two-step process can reduce the costs of re-engineering to the applicant. Detailed stormwater, grading, utility, profile and erosion control plans shall not be required at the conditional use stage if such matters will be submitted later for the subdivision or land development approval.

(b)

The applicant and Township officials are strongly encouraged to walk the tract at a time after a detailed existing features map has been provided to the Township but before the site layout has been finalized.

(c)

An existing features map shall be required to be submitted as part of the conditional use application for an open space development. This existing features map shall accurately show the locations of the following, at a minimum: wetlands; one-hundred-year floodplains; areas of woodland; existing topography; existing buildings with a description of any buildings over 70 years old; highlighting of fifteen-to-twenty-five-percent slopes and twenty-five-percent-and-greater slopes; and any major scenic views from within the tract or from outside of the tract.

Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan.

(1)

An existing features map shall be required to be submitted as part of the application for an open space development. This existing features map shall accurately show the locations of the following, at a minimum: wetlands; one-hundred-year floodplains; areas of woodland; existing topography; existing buildings with a description of any buildings over 70 years old; highlighting of fifteen-to-twenty-five-percent slopes and twenty-five-percent-and-greater slopes; and any major scenic views from within the tract or from outside of the tract.

(2)

A yield plan shall be submitted to the Township by the applicant [except as provided in Subsection C(4) below]. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current Township ordinances if the open space development provisions would not be used and instead the provisions for conventional development in the applicable zoning district would be used. The yield plan shall be completed to an accurate scale, including accurately showing the existing features map information described above. The yield plan shall show potential lots, streets and retention/detention pond locations. However, the yield plan shall not serve as, and is not required to contain, the engineering detail requirements of a preliminary subdivision plan.

(3)

Such yield plan shall be reviewed by the Zoning Officer, with advice by the Township Engineer, to determine whether it represents a reasonably accurate estimate of the number of dwelling units possible on the site, both physically and legally. If such estimates are determined to not be accurate, the applicant shall be required by the Zoning Officer to revise such yield plan until it is accurate.

(a)

The maximum number of dwelling units allowed on the tract through open space development shall be 25% greater than the number of dwelling units that is determined by the Township to be possible under the Township-accepted yield plan.

(b)

The allowed number of dwelling units may be rounded to the nearest whole number.

(4)

For a tract of over 50 acres in the OSR District, a yield plan is not required, and instead the maximum density for an open space development shall be equal to an average of one dwelling unit for every 2.0 acres of total lot area.

(5)

All provisions of the zoning district shall apply, except for provisions that are specifically modified by this § 285-31. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded.

(a)

OSR District. Two options are available:

[1]

The minimum lot area shall be one acre (43,560 square feet) if both public water and public sewage services are not provided. The same yard and other dimensional requirements shall apply as are provided for conventional development in the RR District. A minimum of 60% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

[2]

If a lot is served by both public water and public sewage services, then the minimum lot area shall be 12,000 square feet. The same yard and other dimensional requirements shall apply as are provided for conventional development in the R-2 District, except the minimum lot width shall be 80 feet. A minimum of 85% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

(b)

RR District. Two options are available:

[1]

The minimum lot area shall be one acre (43,560 square feet) if both public water and public sewage services are not provided. The same yard and other dimensional requirements shall apply as are provided for conventional development in the RR District. A minimum of 40% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

[2]

If a lot is served by both public water and public sewage services, then the minimum lot area shall be 12,000 square feet. The same yard and other dimensional requirements shall apply as are provided for conventional development in the R-2 District, except that the minimum lot width shall be 80 feet. A minimum of 65% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

(6)

Utilities. Any lot of less than one acre shall be served by Township-approved central sanitary sewerage service and central water service.

(7)

Subdivision of part of a tract. This subsection addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering preserved open space to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the preserved open space requirement based upon the area of the entire tract.

(a)

The land under the conservation easement shall be a regular rectangle in shape and shall be located where it could adjoin land that would be added as preserved open space in the future if the total allowed number of dwellings would be developed.

(b)

The following hypothetical example assumes a tract includes 50 acres, and the yield plan determines that the applicant for an open space development is allowed a total of 30 new dwellings. In this example, the applicant only wishes to subdivide lots for 10 new dwellings at the present time, which is 1/3 of the total number of allowed dwellings. At the present time, only 1/3 of the open space would need to be preserved, compared to if all of the allowed housing units would be developed. However, the preserved open space would need to be placed on the tract at a location where it could be joined by the remaining acres of land under a conservation easement if the applicant in the future decided to subdivide lots for the remaining 20 dwelling units that are allowed.

(8)

A minimum of 50% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, lakes and a maximum of one street.

(a)

As part of the conditional use approval, the Board of Supervisors may approve the following, if the applicant proves to the satisfaction of the Board of Supervisors that such configuration would serve the purposes of this section and be in the best interests of the Township considering the unique circumstances of the tract:

[1]

A reduction of the percentage of the preserved open space that is in one lot; or

[2]

The crossing of the preserved open space by two or more streets.

(b)

An accessway limited to emergency vehicles may also cross the preserved open space.

(9)

The Board of Supervisors may require that the majority of the required preserved open space be placed:

(a)

Adjacent to an existing or planned public or homeowner association-owned recreation area;

(b)

Adjacent to existing farmland;

(c)

At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot; or

(d)

Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.

Conditions for approval. An open space development shall only be approved if the applicant proves to the satisfaction of the Board of Supervisors, based upon review by the Planning Commission, that the following additional conditions will be met:

(1)

That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be developed as a conventional development. Such valid public purposes include but are not limited to the following:

(a)

The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.

(b)

The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes. In such case, new dwellings shall be clustered adjacent to existing dwellings and residential zoning districts.

(c)

The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.

(d)

The provision of preserved open space in a location that will allow homes to be buffered from highly noxious nuisance-generating uses, such as a heavily traveled street, or industrial uses. In such case, intensive landscaping and/or planting for eventual reforestation should be provided.

(2)

The applicant shall prove that the proposed open space development has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.

(a)

At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult.

(b)

The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.

(3)

The Township may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.

Preserved open space.

(1)

Preserved open space. The minimum amount of preserved open space shall be provided, which shall meet the requirements of this chapter and the definition in § 285-20 of "open space, preserved."

(a)

The preserved open space requirements of this § 285-31 shall be in addition to the recreation land or fee-in-lieu of land requirements of the Township Subdivision and Land Development Ordinance (SALDO), unless the applicant proves to the satisfaction of the Board of Supervisors, at the time of conditional use approval, that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.

(2)

Open space standards. Required preserved open spaces shall meet all of the following requirements:

(a)

Preserved open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any nonagricultural commercial purposes or the use of the land for clear-cut forestry. Land approved as required preserved open space shall only be used for noncommercial active or passive recreation, a noncommercial community center for meetings and recreation, a Christmas tree farm, a golf course, a nature preserve, a horse farm, a wholesale plant nursery, crop farming and/or another Township-approved agricultural use.

(b)

Improvements to open spaces. Where preserved open space is proposed to be used for recreation and/or dedicated to the Township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.

[1]

Examples of such improvements include preservation and planting of trees, development of trails, stabilization of creek banks, removal of undesirable vegetation, and grading of land for recreation (such as a free play field for youth).

[2]

Type of maintenance. The subdivision plan shall state the intended type of maintenance of the open space, such as lawn areas that are regularly mowed or natural areas for passive recreation that are intended for minimal maintenance.

(c)

All proposed preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.

(d)

The applicant shall prove that all required preserved open space would be suitable for its intended and Township-approved purposes. The Township may require the provision of a trail easement and/or the construction of a recreation trail through preserved open space. If a developer will install a trail, it shall be completed prior to the final sale of any adjacent residential lots.

(e)

Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.

(f)

Sufficient access points from each preserved open space shall be provided to streets for pedestrian access and maintenance access. The Board of Supervisors may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting Township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.

(3)

Open space ownership. The method(s) to be used to own, preserve and maintain any preserved open space shall be acceptable to the Township. The Township shall only approve an open space development if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.

(a)

The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The Township should be given right of first refusal at the time of such review to accept proposed open space as public open space. The Township shall only accept ownership of open space if the Board of Supervisors has agreed in writing in advance to accept such ownership. If the preserved open space will not be owned by the Township, then the preserved open space shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Supervisors:

[1]

Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.

[2]

Dedication to the school district if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education and/or related open space.

[3]

Dedication to a homeowners' association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for preserved open space that is not publicly owned.

[a]

Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Township may delay a dedication of maintenance responsibilities by a developer to a homeowners' association until such association is incorporated and able to maintain such land.

[4]

Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.

[5]

Dedication of a permanent conservation easement that results in the land being used for a Township-approved agricultural use, such as crop farming, a tree farm or a horse farm, and which may include one of the allowed dwelling units on the lot.

[6]

Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.

[7]

Operation as a bona fide golf course, with a minimum lot area of 50 acres. Areas including buildings or vehicle parking shall not count towards the minimum preserved open space.

(b)

Legal documents providing for ownership and/or maintenance of required preserved open space shall be reviewed by the Township Solicitor and be subject to approval by the Board of Supervisors prior to recording of the final plan.

(c)

A legally binding system shall be established to oversee and maintain land that will not be publicly owned. The applicant shall prove compliance with state law governing homeowners' associations. Proper notations shall be required on the recorded plan. For example, if the preserved open space is intended to be owned by a homeowners' association as recreation land, a statement should be included that the designated open space "shall not be further subdivided and shall not be used for the construction of any nonrecreation buildings."

Steep slopes. Within an open space development, no principal building shall be placed on slopes of over 25%.

Phasing. The development shall include a phasing system that shall be approved by the Board of Supervisors. Such phases shall ensure that the requirements of this article would be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.

Landscaping plan. An application for an open space development involving over 30 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.

(1)

Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.

(2)

Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.

(3)

Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.

§ 285-32 Setback from water bodies.

No buildings, vehicle parking, driveways or business outdoor storage shall be located within 75 feet from any of the following: 1) the average water level of the Conestoga River; 2) the center of the bed of any other perennial creek; or 3) the average water level of a pond or lake.

This additional setback shall not apply to boat ramps or boat or canoe storage.

§ 285-33 Optional transfer of development rights (TDR).

Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:

(1)

Encourage the permanent preservation of important farmland and environmentally sensitive areas;

(2)

Direct growth to locations where public water and sewerage services are available; and

(3)

Provide a voluntary method for landowners to be compensated by the free market to preserve their land.

Definitions.

(1)

Sending property: A lot(s) or portion of a lot that is restricted by a conservation easement or farmland preservation easement as a condition of approval of a higher density on the receiving property than would otherwise be permitted.

(2)

Receiving property: A lot(s) that is approved to permit a higher density than would otherwise be permitted as a condition of the restriction of development on the sending property.

Granting of transferable development rights in the sending area.

(1)

A sending property shall be within the A, OSR or RR District. A sending property shall have a minimum area of 10 acres.

(2)

Transferable development rights are not granted to:

(a)

Tracts of land or portions thereof owned by or subject to easements (including, but not limited to, easements of roads, railroads, electrical transmission lines and water, gas or petroleum pipelines) in favor of governmental agencies, utilities and nonprofit corporations; and/or

(b)

Land restricted from development by covenant, easement or deed restriction, unless and until such time as said covenant, restriction or easement is dissolved or rescinded. In the event said covenant, restriction or easement is dissolved or rescinded, such land shall be eligible for issuance of transferable development rights.

Progress of conveyance of a transferable development right from the sending area. Transferable development rights shall be sold and/or donated to any party, subject to the following:

(1)

Application materials. Application shall be made on a form developed for and by the Township, which shall be signed by the transferor and the transferee. Along with said application form, the following shall be submitted:

(a)

A metes and bounds description of the property of the owner of the land from which the rights will be transferred and a plot plan or survey thereof, subject to easements in favor of governmental agencies, utilities, and nonprofit corporations, land restricted against development by covenant, easement or deed restrictions, and any area devoted to non-farm use.

(b)

A yield plan prepared in accordance with Subsection E below.

(c)

If the proposed conveyance entails less than an entire parcel, the portion of the parcel from which the development rights are transferred shall be clearly identified on a plan of the entire parcel, drawn to scale, the accuracy of which shall be satisfactory to the Township. Such plan shall also include a notation of: 1) the number of development rights applicable to the entire parcel; 2) the number of development rights applicable to the identified portion of the parcel from which the development rights are to be transferred; and 3) the number of development rights which remain available to the remaining portion of the parcel.

(d)

A title search of the tract from which the transferable development rights will be conveyed sufficient to determine all owners of the tract and all lienholders.

(e)

A copy of the proposed deed of transferable development rights and a copy of the proposed conservation easement, as regulated by § 285-33 of this chapter

(2)

Review and determination. Upon complete submission as required above, the Zoning Officer shall determine the number of transferable development rights which shall be permitted to be conveyed from the sending property. The Zoning Officer shall also determine, with the advice of the Township Solicitor and/or the Township Engineer, the sufficiency of: a) the plan indicating the portion of the parcel restricted from future development if the development rights from less than the entire parcel shall be conveyed; b) the conservation easement; and c) the deed of transferable development rights. The Zoning Officer shall inform the transferor and the transferee of the development rights of his/her determination in writing. Any appeals from the determination of the Zoning Officer shall be made in accordance with the provisions of § 285-11D of this chapter.

(3)

Donation of intermediaries. The right to develop a sending property may be purchased by or donated to the Township, the county or an established incorporated nonprofit organization whose mission includes preservation of agricultural land or natural features. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation. In such case, the right to develop such dwelling units may be held for a maximum of 10 years before being used on a receiving property(ies).

(4)

Upon receipt of written approval by the Zoning Officer, as provided in § 285-33D(2), the transferor and transferee may present the Township with the deed of transferable development rights for endorsement as required by the Municipalities Planning Code § 619.1(c). No deed of transferable development rights shall be so endorsed until the Township is presented with evidence that the conservation easement has been approved by the Township and has been recorded with the Lancaster County Recorder of Deeds. In lieu of presentation of proof of recording the conservation easement, the fully executed conservation easement may be presented to the Township when the deed of transferable development rights is presented for endorsement and the Township, at the applicant's expense, shall record both documents.

Determination of number of transferable development rights attributable to sending property.

(1)

Yield plans shall be presented by the applicant. One yield plan shall be presented for the receiving property and one for the sending property. Such yield plans shall be a level of detail typically found in a sketch plan, including showing potential lots and roads, steep slopes, one-hundred-year floodplains and suspected wetlands. Such yield plans shall estimate the number of new dwelling units that could be lawfully constructed on each property under Township regulations without any transfer of development rights. Detailed septic percolation tests are not required for such sketches, but new septic systems shall not be assumed to be possible in areas with severe soil and slope limitations.

(2)

Such yield plans shall be reviewed by the Zoning Officer, with advice by the Township Engineer, to determine whether each represents a reasonably accurate estimate of the number of dwelling units possible on each site, both physically and legally. If such estimates are determined to be accurate, the applicant shall be required by the Zoning Officer to revise such yield plan until it is accurate.

(3)

Based upon the yield plans, permission to develop the allowed number of dwelling units may be transferred from the sending property to the receiving property.

Use of property after conveyance of TDRs is approved. The owner conveying transferable development rights from the sending area shall, by conservation easement, perpetually restrict the use of the parcel or portion thereof from which transferable development rights are conveyed. Such conservation easement shall be in a form approved by the Township Solicitor and shall restrict future use of the site to principal agricultural or conservation use and any accessory agricultural uses, as determined by this chapter.

(1)

All conservation easements shall designate the Township as a third-party beneficiary of the restrictions imposed upon the transferor and his/her land. Such restrictions shall be enforceable by the Township as such third-party beneficiary.

(2)

Land from which transferable development rights have been conveyed shall continue to be owned, subject to said restrictions by the landowner, his/her heirs, executors, administrators, successors and/or assigns.

(3)

If the development rights are conveyed from less than the entire parcel, the plan prepared in accordance with Subsection D(1)(c) above shall be attached to and recorded with the conservation easement. All owners of the tract from which transferable development rights are conveyed shall execute the conservation easement. All lienholders of the tract from which transferable development rights are conveyed shall execute a joinder and/or consent to the conservation easement.

[Amended 12-10-2007 by Ord. No. 202]

Process by which TDRs are applied to a receiving property. A receiving property shall be within a neighborhood design option development (NDO) in a district that allows NDO development. Transferable development rights may only be used to increase the permitted density of a NDO development. When transferable development rights have been acquired by the transferee for the purposes of assignment to a receiving property, the following shall apply.

[Amended 12-10-2007 by Ord. No. 202]

(1)

Effect of use of TDRs on receiving property. For each transferable development right that is approved for conveyance, the transferee is entitled an increase in permitted density as follows:

(a)

For each dwelling unit that would have otherwise been allowed on the sending property, one additional dwelling unit may be approved on the receiving property. However, as an incentive to promote agricultural preservation, for each dwelling unit that would have been allowed in the A District, three dwelling units shall be allowed on the receiving property.

(b)

If, for example, the yield plan determines that 10 new dwelling units would be allowed under the current zoning on the sending property, and the sending property will be preserved by a conservation easement, then the right to develop 30 additional dwelling units shall be transferred to the receiving property.

[Amended 12-10-2007 by Ord. No. 202]

(c)

The receiving property shall be permitted to include the increased total number of dwelling units above the number that would otherwise be permitted, as approved by the Township based upon the yield plan. However, in no case shall the maximum density with incentives be exceeded, as provided for a NDO development in § 285-34.

(d)

The development of the receiving property shall still comply with all other requirements of this chapter, except for the maximum density, which shall be regulated by this section and the NDO provisions.

(e)

Utilities. To receive a transfer of development rights, any lot that includes less than one acre per dwelling unit on the receiving property shall be served by Township-approved central sanitary sewerage service and central water service.

(f)

The transfer of development rights shall not be combined with reduced lot sizes and other incentives concerning open space development.

(2)

Application materials. The transferee shall submit:

(a)

A preliminary subdivision or land development plan, prepared in accordance with the latest version of the Township Subdivision and Land Development Ordinance. The preliminary plan must indicate: 1) that transferable development rights are to be used; 2) the base permitted density allowed for the site; 3) the proposed density of the site; and 4) the number of transferable development rights to be applied to the site.

(b)

An agreement of conveyance for the development rights between: 1) the owner of the tract to which development rights have been granted, or the owner of development rights which have been previously severed from the tract in the sending areas, as evidenced by a recorded deed of transferable development rights; and 2) the owner of the tract proposed to be developed with the transferred development rights. The agreement may be contingent upon approval of a final subdivision or land development plan of the tract to which the transferable development rights are to be conveyed.

(c)

If the use of transferable development rights which were previously severed from a tract in the sending area is proposed, a title search of such previously severed transferable development rights.

(d)

As part of a TDR, the development of the receiving property shall comply with all Township requirements, except for provisions specifically modified by this section.

(3)

Review, approval and recording of TDRs applied to a receiving property. No final plan for any subdivision or land development which utilizes transferable development rights shall be executed on behalf of the Township until the Township has been presented with a copy of the recorded deed of transferable development rights and the recorded conservation easements with the customary recording information of the Office of the Recorder of Deeds in and for Lancaster County clearly endorsed thereon. In lieu of presentation of proof of recording the executed deed of transferable development rights and the fully executed conservation easement may be presented to the Township with the deed of transferable development rights for endorsement, and the Township, at the applicant’s expense, shall record both documents and then shall execute and, if applicant so desires, at applicant’s expense, shall record the final plan.

Public acquisition of TDRs. The Township may purchase development rights and may accept ownership of transferable development rights through transfer by gift. All such TDRs may be resold or retired by the Township. Any such purchase or gift shall be accompanied by a Township-approved conservation easement.

Reservation of Township rights. The Township reserves the right to amend this chapter in the future, and the Township expressly reserves the right to change the manner in which the number of development rights shall be apportioned to a tract in the sending area, the manner in which development rights may be attached to land within the receiving area, the locations of the sending area and the receiving areas and the procedure by which development rights can be conveyed.

(1)

The Township further expressly reserves the right to terminate its TDR program at any time. No landowner or owner of development rights shall have any claim against the Township for damages resulting from a change in this chapter relating to the regulations governing the apportionment transfer and use of development rights or the abolition of the TDR program.

(2)

If the TDR program is abolished by the Township, no developer may attach development rights to any tract in the receiving area after the effective date of the ordinance abolishing the TDR program unless an application in conformity with the provisions of this section was filed prior to the effective date of such ordinance.

§ 285-34 Neighborhood design option (NDO).

Purposes. To encourage innovation and to promote flexibility, economy and ingenuity in development consistent with the provisions of Articles VI and VII-A of the State Municipalities Planning Code and the community development objectives of this chapter and the Comprehensive Plan. The purposes of Articles VI and VII-A of the State Municipalities Planning Code are hereby incorporated by reference. The provisions of this § 285-34 represent an optional form of development and shall only be allowed if a development will achieve the following purposes and objectives:

(1)

Directing growth to areas of the Township which are the most appropriate for development.

(2)

Reducing infrastructure costs by minimizing the amount of infrastructure necessary to adequately support new development.

(3)

Providing a more efficient, varied and, most importantly, innovative development pattern.

(4)

Establishing a pedestrian-oriented community that accommodates and encourages pedestrian and other multi-modal travel alternatives by including sidewalks, greenways, bike paths, and/or trails. The inclusion of a limited amount of community services and civic uses may also be incorporated to facilitate pedestrian access and limit motor vehicle trips.

(5)

Making public transit a viable alternative by encouraging development at appropriate densities with flexible building arrangements not afforded by conventional lot-by-lot development.

(6)

Fostering a sense of community through development of recognizable neighborhoods and direct access to public spaces such as centrally located public commons, greens, squares or prominent scenic vistas.

(7)

Encouraging development that complements rather than eliminates the distinctive resources of the site, including woodlands, wetlands, stream corridors, historical and cultural resources, steep slopes, scenic viewsheds, and prime agricultural soils.

(8)

Providing opportunities to integrate age and income groups through the provision of a wide range of housing alternatives that are suitably mixed within the development.

(9)

Promoting development that, through the use of distinctive architectural elements and siting criteria, creates community character that complements the historic development style of Lancaster County and the Township.

Eligibility. Within the R-1, R-2, R-3, RV, I/M and OTR Districts, the neighborhood design option is permitted by conditional use subject to compliance with the criteria in this § 285-34 and all other requirements of this chapter. See also § 285-34I(3) for additional regulations within the I/M district and § 285-38 for additional regulations within the OTR District. A "neighborhood development" shall mean a subdivision or land development that is developed in compliance with the NDO requirements of this chapter.

Minimum requirements for development under the neighborhood design option. Each neighborhood design development shall meet all of the following minimum requirements:

(1)

The neighborhood development tract shall be not less than 10 acres in area.

(2)

The neighborhood development tract shall be developed according to a single plan that depicts complete build-out of the neighborhood development tract with common authority and responsibility. If more than one person has an interest in all or a portion of the neighborhood development tract, all persons with interests in any portion of the neighborhood development tract shall join as applicants and shall present an agreement, in a form acceptable to the Township Solicitor, guaranteeing that the neighborhood development tract as a whole shall be developed in accordance with any approval granted under this § 285-34 as a single neighborhood development with common authority and governing documents.

(3)

All dwelling units and principal buildings shall be provided with public water service and public sewer service.

(4)

The neighborhood development shall be provided with common open space in accordance with this section.

(5)

The neighborhood development shall be provided with a neighborhood center.

(6)

At the time of completion of construction, no more that 50% of the neighborhood development tract may be covered with impervious surface, unless a greater impervious surface coverage is permitted through the use of density incentives set forth in Subsection S.

(7)

The neighborhood development tract shall be located within an urban growth boundary established by the Board of Supervisors.

Applicability of standards. It is the intention of the Board of Supervisors in accordance with Section 605(3) and Article VII-A of the State Municipalities Planning Code to encourage innovation and to promote flexibility, economy and ingenuity in development. To that end, the Board of Supervisors may only grant conditional use approval for a neighborhood development if the applicant demonstrates to the satisfaction of the Board of Supervisors that the standards of this § 285-34 will be met, including but not limited to substantially advancing all of the purposes in Subsection A.

(1)

If the Board determines that a modification or waiver is necessary to implement the purposes of Subsection A, the Board of Supervisors may grant a modification or waiver to specific requirements of the Subdivision and Land Development Ordinance (SALDO)[1] and/or the Stormwater Management Ordinance.[2] If such modification or waiver is not approved, then a neighborhood development shall meet all requirements of the SALDO and the Stormwater Management Ordinance.

[1]

Editor's Note: See Ch. 240, Subdivision and Land Development.

[2]

Editor's Note: See Ch. 230, Stormwater Management.

(2)

All provisions of the Zoning Ordinance shall apply, except for provisions specifically modified by this § 285-34. See also Subsection U concerning modifications.

Application procedure. An applicant who desires to develop under the neighborhood design option shall submit an application for conditional use approval which shall include all of the following:

(1)

Site plan meeting all requirements of Subsection T below.

(2)

Open space plan identifying all features required by Subsection F below. The open space plan shall also include a written statement describing the applicant's proposal for future ownership and maintenance of the common open space.

(3)

Landscaping plan providing a complete proposal for the landscaping and planting of the neighborhood development tract and identifying all features required by Subsection F(7) below.

(4)

Streetlighting plan providing a complete proposal for the installation of streetlighting to serve the neighborhood development tract.

(5)

Traffic impact study meeting all requirements of § 240-15E(3)(g) of the Subdivision and Land Development Ordinance and other reports and studies listed in § 240-15E of the Subdivision and Land Development Ordinance that are necessary to show the general feasibility of the development.

(6)

Architectural guidelines for the neighborhood development, which shall include styles, proportions, massing and detailing.

(7)

Statement identifying all density incentives under Subsection S which have been incorporated, and written support for each density incentive. This statement must identify the specific density incentive provided, must identify the reduction of the standard taken, and must support the applicant's claim that the neighborhood development as proposed provides the identified density incentive.

(8)

Statement identifying all modifications of standards under Subsection U and written support for each modification. This statement must identify the specific modification requested and provide support that the modification meets all requirements of Subsections A(1) through A(6).

(9)

Required application fee. No application shall be considered complete without all of the above-listed items. The Township shall not accept incomplete applications for conditional use approval to use the neighborhood design option.

Common open space. A minimum of 45% of the neighborhood development tract shall be devoted to common open space. Through the use of incentives offered in Subsection A(9), the amount of common open space may be reduced. However, every neighborhood development shall be designed to provide a minimum of 30% of the neighborhood development tract as common open space.

(1)

It is the express intent that this requirement for common open space be used to protect those valuable resources that are identified by the Comprehensive Plan and further addressed by the regulations contained within § 240-15E of the SALDO. Common open space shall be designed and arranged to achieve as many of the following objectives as possible:

(a)

Protection of important natural, historic and cultural resources.

(b)

Preservation of scenic views from public roads and neighboring residential properties.

(c)

Provision of new and/or connection with existing trails, greenways, linear parks or common open space on adjoining parcels.

(d)

Provision of usable play or recreation areas, or equipment, that are conveniently accessible to residents throughout the neighborhood development.

(e)

Provision of public space as the focal point of the neighborhood development when coordinated with greens, squares, and public commons which are dispersed throughout the neighborhood development.

(f)

Interconnection of areas of proposed common open space within the neighborhood development and interconnection of common open space within the proposed neighborhood development with existing or planned common open space or recreational facilities on lands adjoining the neighborhood development tract.

(2)

The applicant shall demonstrate the specific measures employed to achieve the objectives in Subsection F(1) through the provision of an open space plan depicting all proposed elements of the common open space. Each open space plan shall identify:

(a)

The location and size of proposed commons, greens, and/or squares;

(b)

Connections among proposed areas of common open space on the neighborhood development tract and connections of proposed areas of common open space on the neighborhood development tract with elements of common open space on adjoining tracts if such exists or is proposed; and

(c)

Location and size of trails, greenways or other pedestrian linkages, including the surface proposed.

(3)

In all neighborhood developments, regardless of the total amount of common open space provided and regardless of the density incentives utilized, the applicant shall provide common open space in the amount of at least 45% of the area of the neighborhood development tract. This 45% may be approved to be reduced to 30% through the incentives provided in Subsection S below. Not less than 50% of the required common open space shall meet all of the criteria set forth in Subsections F(3)(a) through F(3)(c) below. The remaining portion of the required common open space may contain floodplains, wetlands, steep slopes and similar features.

(a)

The land shall not contain floodplains, wetlands, steep slopes or other natural features which would render the land unbuildable under applicable ordinances and regulations. For the purposes of this section, unbuildable land is land on which a principal structure cannot be constructed.

(b)

The land shall not contain stormwater management facilities.

(c)

The configuration of the land shall be regular. Strips of land running around the perimeter of the neighborhood development tract or separating proposed lots within the neighborhood development shall not be counted as common open space to meet the required minimum unless such land is improved with walking trails, fitness stations or other improvements acceptable to the Board of Supervisors or unless such land is, in the opinion of the Board of Supervisors, integrated and integral to the overall common open space design.

(4)

Each neighborhood development shall be provided with at least one green containing not less than 10,000 square feet. The size of the green shall be increased to a minimum of 15,000 square feet for a development of 51 to 149 dwelling units, and a minimum of 20,000 square feet for a development of 150 or more dwelling units. Other greens, squares, and commons of not less than 1,000 square feet in area shall be dispersed throughout the neighborhood development. A green, square or common which meets the requirements of Subsections F(3)(a) through F(3)(c) above may be included within the required minimum common open space.

(5)

If the applicant dedicates all or a portion of the common open space in the amount of at least 0.04 acre per proposed dwelling unit in the neighborhood development to the Township, the applicant shall be permitted to count the common open space provided in accordance with this § 285-34 to satisfy the requirements of § 240-36, Park and open space provision, of the Subdivision and Land Development Ordinance. If the applicant desires to maintain all of the common open space as private land, the applicant shall have to pay a fee in lieu of dedication to satisfy the requirements of § 240-36 of the Subdivision and Land Development Ordinance.

(6)

The design of a hard- or soft-surfaced pedestrian and bicycle network system linking development within the neighborhood development shall be provided to connect various commons, squares and greens depicted on the open space plan. Access to all such areas shall be provided from public streets. Where necessary, easements shall be provided to accommodate pedestrian access as well as access for maintenance equipment and bicycles.

(7)

Landscaping. A vital component of the required open space plan shall be the design and provision of appropriate landscaping which shall include a combination of types of shrubs, trees (both evergreen and deciduous), and ground covers. To ensure the proper placement of suitable materials, the applicant shall provide a landscaping plan, prepared by a registered landscape architect, which specifies the type and size of proposed vegetation, as well as identifying the location of existing vegetation to be retained.

(a)

The landscaping plan shall include all portions of the proposed common open space and shall identify all lighting proposed for all portions of the common open space, including but not limited to common area and pathways. The landscaping plan shall also include all areas outside of the common open space which are required to be landscaped (such as parking areas, dumpster locations, etc.), the location of proposed street plantings and the type and location of street trees to be provided.

(b)

The applicant shall provide a maintenance guarantee to ensure the health and vitality of all plant material for a period of 18 months from planting. Any of the landscaping which dies or is removed within this time frame shall be replaced with vegetation of the same size and species. The applicant shall also be responsible to assure the proper care and maintenance of all plant material within the common open space for the duration of this 18 months and until such time as the common open space is transferred to the Township, a homeowners' association or other entity as authorized by this section.

(8)

The applicant shall arrange for the ownership, administration and maintenance of common open space in accordance with one or more of the following:

(a)

The Township may in its sole discretion accept dedication of common open spaces or any interest therein for public use and maintenance with no consideration to be paid by the Township. Unless waived by the Board of Supervisors at time of approval, the Township shall have the option to accept all or any portion of the common open space at any time within 10 years of the recording of the final subdivision and/or land development plan for the development. The final plan shall contain a note, in language acceptable to the Township Solicitor, that the common open space is irrevocably dedicated to the Township for a period of 10 years from the date of the recording of the final plan. Said note shall also state that the Township shall have no duty to maintain or improve the dedicated common open space unless and until it has been accepted by formal action of the Board of Supervisors.

(b)

The applicant may establish an automatic-membership property owners' association made up of the owners of property in the neighborhood development as a nonprofit corporation for the purpose of owning, administering and maintaining common open space; provided, however, the association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own, administer, and maintain common open space approved by the Board of Supervisors) without first offering the common open space for dedication to the Township. The property owners' association shall be empowered to levy and collect assessments from the property owners of the neighborhood development to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

(c)

The applicant may establish a deed or deeds of trust, approved by the Board of Supervisors, for the purpose of owning, administering and maintaining common open space, with the Trustee empowered to levy and collect assessments from the property owners of the neighborhood development to cover replacements, working capital, operating expenses, insurance against casualty and liability and contingencies.

(d)

With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the applicant may transfer the fee simple title in the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of common open space land and/or natural resources, provided that:

[1]

The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence;

[2]

The conveyance contains appropriate provisions for proper retransfer or reverter in the event that the organization becomes unable to continue to carry out its functions; and

[3]

A maintenance agreement acceptable to the Township is entered into by the applicant, organization and Township.

(9)

If the Township does not accept dedication of the common open space, the applicant shall grant to the Township, in a form acceptable to the Township Solicitor, all of the rights to maintain common open space described in Article VII of the State Municipalities Planning Code.

Streetlighting. The applicant shall provide streetlights within the neighborhood development in a manner consistent with the architectural guidelines and acceptable to the Township. Lighting shall be used to increase the safety of pedestrians as well as vehicles while contributing to the character of the overall neighborhood development.

Allowed uses. The following uses are allowed within a neighborhood development, in accordance with the requirements in Subsections I and J below:

(1)

Single-family detached dwellings.

(2)

Single-family semidetached dwellings (twin dwellings).

(3)

Duplexes.

(4)

Townhouses.

(5)

Multifamily dwellings.

(6)

Accessory apartment units.

(7)

Neighborhood facilities within a neighborhood center.

(8)

Within a neighborhood center or a commercial center (where allowed), the following uses shall be allowed: retail sales, offices, exercise clubs, child or adult day-care centers, financial institutions, and personal service establishments. The retail and service uses may include but are not limited to a newsstand, coffee shop, drugstore, restaurant, hair and/or nail salon, gift shop, bakery, specialty food store, dry cleaner (dropoff only), bike sales/rental, copy center, barbershop or another use which the Board of Supervisors determines during the conditional use approval process is substantially similar to the listed uses. The applicant may list a proposed range of uses that will be allowed. If such range of uses is approved as part of the conditional use approval, then each such use shall become permitted by right, provided the use and development conforms to the conditional use approval.

(a)

In a neighborhood center, the total of all commercial uses shall not exceed 50% of the building floor area of the neighborhood center.

(b)

In addition to a neighborhood center, a commercial center shall be allowed if all of the following standards are met:

[1]

The neighborhood development will be adjacent to a street classified by the Township Comprehensive Plan as an arterial street or a major collector street;

[2]

The commercial center will have vehicle access available to reach a second street that is classified as an arterial or major or minor collector street;

[3]

The traffic from the commercial center will be able to access an arterial street or major or minor collector street without having to travel through a residential area;

[4]

The commercial center shall have shared parking among the various uses and an internal vehicle access system that avoids the need for a commercial use to have its own driveway onto a preexisting public street; and

[5]

The total land area occupied by a commercial center and related parking areas shall not exceed a maximum of 10% of the buildable area of the neighborhood development tract. The buildable area shall be the total tract area minus the ultimate/future right-of-way of preexisting public streets and minus 50% of all land areas that are wetlands, have 15% or greater slope, or are within the one-hundred-year floodplain.

(c)

Drive-through facilities shall be prohibited, except for a drugstore or financial institution. A drive-through facility shall not have direct vehicle access onto an existing arterial or collector street.

(d)

Each commercial establishment shall have a maximum first floor building floor area of 4,000 square feet, except as part of the modification process allowed through the conditional use approval, this 4,000 square feet may be increased to 8,000 square feet for uses compatible with the NDO. Further, as part of the modification process allowed through the conditional use approval, the first floor square footage for one freestanding commercial establishment may be increased to 15,000 square feet, provided such freestanding commercial establishment is integrated into and made a part of the overall commercial center and such commercial establishment is a use expressly provided for in Subsection H(8) above.

[Amended 12-10-2007 by Ord. No. 203]

(e)

Fuel shall not be sold within a commercial center.

(f)

For a nonresidential principal building, a minimum setback of 60 feet shall apply from the perimeter lot lines of the neighborhood development and a minimum setback of 30 feet shall apply from the future/ultimate right-of-way of preexisting public streets that form a perimeter of the neighborhood development. In other cases, a minimum front, each side and rear setback of 20 feet shall apply.

(9)

Township-owned uses and government offices.

(10)

Museums.

(11)

Places of worship and related uses, subject to the provisions of § 285-42, other than the minimum lot area requirement.

Required mix of uses; development standards. To accommodate a variety of age and income groups, each development shall contain a mix of each of the permitted residential uses.

(1)

Single-family detached dwellings within a neighborhood development shall be dispersed throughout the neighborhood development.

(a)

A minimum of 20% of the single-family detached dwellings shall be located immediately adjacent to or immediately across a street which is not greater than 32 feet in width from single-family semidetached dwellings, duplexes or townhouses.

(b)

No more than 15% of the single-family detached dwellings shall be designed to include an accessory apartment. An accessory apartment shall only be allowed on a lot that was designated for such use at the time of conditional use approval.

(2)

The amount of each dwelling type or other permitted use shall be within the ranges listed in the Table of Required Mix of Uses that follows.

TABLE OF REQUIRED MIX OF USES FOR AN NDO DEVELOPMENT
	R-1		R-2 or RV		R-3
	Minimum	Maximum	Minimum	Maximum	Minimum	Maximum
Single-Family Detached Dwelling	40%	60%	25%	40%	0%	30%
Single-Family Semidetached Dwelling (Twin Dwelling)	20%	60%	20%	70%	20%	50%
Townhouses or Duplexes, with a maximum building length and width of 150 feet	0%	35%	25%	50%	25%	50%
Multifamily, with a maximum of 12 dwelling units per building	0%	15%	0%	20%	25%	50%
Neighborhood Center - square feet refers to building floor area across the entire tract	10 square feet per dwelling unit	20 square feet per dwelling unit	10 square feet per dwelling unit	20 square feet per dwelling unit	10 square feet per dwelling unit	20 square feet per dwelling unit
Commercial Center - shall comply with § 285-34H
Township-Owned Use or Government Offices		20,000 square feet lot		20,000 square feet lot		20,000 square feet lot
Museum		20,000 square feet lot		20,000 square feet lot		20,000 square feet lot
Place of Worship and closely related customarily accessory uses		43,560 square feet lot		43,560 square feet lot		43,560 square feet lot

(3)

I/M Districts. A neighborhood development shall also be allowed as a conditional use in the I/M District, provided it shall not occupy more than 50% of a lot, based upon lot area that exists at the time of enactment of this chapter. In the I/M District, a neighborhood development shall comply with the same standards that would apply to the R-3 District, except that a neighborhood development may include 100% multifamily dwellings or 100% townhouses.

(4)

Height. The maximum building height shall be 35 feet, except that a peak or pitch of a roof may have a maximum height of 40 feet, provided that the area above 35 feet is not occupied by persons.

(5)

Impervious coverage. The maximum impervious coverage shall be applied for each phase of construction, at the time of completion of construction. The maximum impervious coverage for the tract shall be 70%. A maximum impervious coverage and maximum building coverage shall not apply to each lot.

Requirements for residential development. The maximum density for dwelling units within a neighborhood development shall be based upon the lot area of the neighborhood development tract after deleting land areas occupied by principal commercial uses and the related off-street parking and after deleting future/ultimate right-of-way of preexisting public streets. The maximum density without the use of density incentives set forth in Subsection S and the maximum density if the applicant makes full use of allowed density incentives are as follows:

	Development without Density Incentives	Development Using Density Incentives
R-1 District	3.2 dwelling units/acre	5.5 dwelling units/acre
R-2 or RV District	5.1 dwelling units/acre	6.75 dwelling units/acre
R-3 or I/M Districts	9 dwelling units/acre	12 dwelling units/acre

(1)

Not less than 50% of all dwelling units within a neighborhood development shall be designed to permit individual conveyance (which may include condominium or other fee simple ownership). Dwellings units designed to permit individual conveyance shall be constructed to meet all building code requirements necessary to be considered a separate dwelling unit and shall be capable of sale or other transfer without further subdivision approvals.

(2)

(Reserved)

(3)

All dwelling units shall be situated so as to retain a view of some portion of the common open space and shall be located within 800 feet of a commons, square, green or trail.

(4)

All lots shall maintain minimum front, rear and side yard setbacks of six feet, except as follows:

(a)

A minimum setback of 30 feet shall apply from the perimeter lot lines of the neighborhood development and from the future/ultimate right-of-way of preexisting public streets that form a perimeter of the neighborhood development.

(b)

As provided otherwise in this § 285-34, such as in Subsection J(7) for townhouses.

(c)

Any building including townhouses or three or more multifamily dwelling units shall be set back a minimum of 60 feet from the lot line of an existing single-family detached dwelling that is not within the neighborhood development.

(5)

No more than two contiguous dwelling units shall have the same continuous roof ridgeline. In addition, no more than two dwelling units in any one building shall have a substantial portion of their front facade on the same vertical plane as any other dwelling unit in the same building. Offsets must be staggered. No two units shall have the same front yard setback.

(6)

No dwelling units within a neighborhood development shall have direct access to preexisting Township or state streets surrounding the neighborhood development tract. All access shall be from an internal street system designed to service the neighborhood development.

(7)

Where several townhouse buildings are located on one lot, the following separation distances shall be applicable:

(a)

Front to front, rear to rear or front to rear parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end, if increased by similar or greater distance at the other end.

(b)

A minimum yard space of 30 feet is required between end walls of buildings where both end walls contain windows, and 20 feet otherwise. If the buildings are at angles to each other, the distance between the corners of the end walls of buildings where both end walls contain windows may be reduced to a minimum of 20 feet.

(c)

A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.

Neighborhood centers. Each neighborhood development shall include a minimum of one neighborhood center. Each neighborhood center shall comply with the following:

(1)

Uses are limited to those that residents are likely to need on a daily or regular basis.

(2)

The overall size and type of each use within the neighborhood center is restricted to prevent the establishment of intensive commercial-type facilities that exceed the local orientation. See maximum size of commercial establishments in Subsection H.

(3)

Each use other than a neighborhood facility within a neighborhood center shall be designed to provide basic convenience commercial goods and services to existing and future nearby residences.

(4)

The maximum land area permitted to be devoted to the total of all neighborhood center buildings shall be no more than 5% of the gross land area of the neighborhood development tract, except where provided otherwise under Subsection I(2).

(5)

All neighborhood centers shall be provided with convenient pedestrian access. Any necessary off-street parking facilities shall be located to the side or rear of the principal building.

(6)

The adaptive use of historical structures on the neighborhood development tract is a preferred option for the siting of a neighborhood center. However, when new construction must be undertaken, the design of such structure(s) shall not detract from the community character of the neighborhood development and the surrounding area.

(7)

The applicant may initially use the neighborhood center as a sales office. If the applicant uses the neighborhood center as a sales office, the applicant shall ensure that not less than 50% of the floor area of the neighborhood center shall be converted to neighborhood facilities and/or retail sales and personal service establishments authorized in Subsection H above upon the sale of 30% of the dwelling units. The applicant shall further ensure that not less than 75% of the floor area of the neighborhood center shall be converted to neighborhood facilities and/or retail sales and personal service establishments authorized upon the sale of 75% of the dwelling units in the neighborhood development.

(8)

See also perimeter setbacks for nonresidential buildings in Subsection H.

Required parking. All uses within the neighborhood development shall be provided parking in accordance with this Subsection L.

(1)

The amount of off-street parking required for all dwelling units and for noncommercial uses shall be in accordance with Article VI of this chapter.

(2)

The amount of parking for commercial uses shall be one parking space for each 350 square feet of gross floor area. The parking shall be provided either on the neighborhood/commercial center lot or in designated on-street or off-street parking areas within 500 feet of the neighborhood/commercial center buildings or by a combination thereof.

(a)

As part of the conditional use process, the Board of Supervisors may reduce the amount of required off-street parking for principal nonresidential uses by up to 10% if three or more principal nonresidential uses will share the same parking area.

(3)

Where necessary, parking requirements may be met through the provision of off-street parking compounds. No more than 50% of the required parking should be provided by means of off-street parking lots. When required to accommodate the parking requirements of any specific use, off-street parking lots shall be located to the side or rear of the buildings they are intended to serve. The size and/or location of parking lots shall not compromise the design or interfere in any manner with provision of pedestrian access. All nonresidential uses shall adequately accommodate both handicap parking and bicycle parking.

Architectural guidelines. It is not the intent of the Board of Supervisors to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to consistently throughout the development. Standards selected shall enhance the design objectives and goals as specified by Subsection A. See submission requirements in Subsection E(6).

(1)

Architectural guidelines shall be established and approved as a condition of the conditional use approval. The applicant shall submit a set of guidelines which shall include styles, proportions, massing and detailing. To the extent necessary on each site, these features shall be compatible with the design of historical resources on and adjacent to the neighborhood development tract. The architectural guidelines shall be recorded with or be part of documentation imposing covenants and conditions upon the neighborhood development. The architectural guidelines shall include, but not be limited to, provisions to avoid monotony in architectural designs, to establish minimum roof pitches, to address window sizes and to address front porches.

Overall development form. In meeting the design objectives and goals specified by Subsection A, new construction shall, to the greatest extent possible, be sited so as to preserve natural vistas and existing resources of the neighborhood development tract as delineated by the required site plan.

(1)

Components of the neighborhood development shall be designed in a pattern of blocks and interconnecting streets and alleys, defined by buildings, street furniture, landscaping, sidewalks, on-street parking, and public space.

(2)

A minimum of 35% of the dwelling units shall be provided with all vehicle garage(s) that are accessed from the rear or that enter the garage from a side street or that have a one-lane driveway leading to vehicle garages that are located a minimum of 60 feet from the street and are designed to minimize their visual impact from the street. Density incentives are also offered in Subsection S below.

Streets. Streets within the neighborhood development shall provide safe and convenient access and circulation patterns and shall meet the design standards of this Subsection O. Where a requirement of this § 285-34 is in direct conflict with a street requirement in the SALDO,[3] the provision of this § 285-34 shall apply.

(1)

Streets shall be designed to establish a hierarchy which shall:

(a)

Avoid alteration of cultural or historical resources as identified by the Comprehensive Plan.

(b)

Minimize alteration of natural resources as identified by the Comprehensive Plan.

(c)

Provide a view to prominent natural vistas.

(d)

Promote pedestrian movement and calm traffic speeds as necessary.

(e)

Be aligned so that the terminal vista is of elements depicted in the open space plan.

(f)

Provide for on-street parking (except along alleys).

(g)

Be provided with sidewalks on both sides.

(h)

Accommodate nonmotorized traffic.

(2)

Street patterns shall form a network, with variations as needed for topographic, environmental and other design considerations. Proposed streets within the neighborhood development designed as collector streets shall have a minimum center line turning radius of 150 feet. All other streets within the neighborhood development shall be designed with a minimum center line turning radius of 80 feet.

(a)

Sight triangle. All intersections of streets and all intersections of access designs with streets shall maintain a clear sight triangle. The minimum clear sight triangle side length shall be 60 feet for intersections of access drives and streets and for intersections of streets with streets other than existing collector or arterial streets or proposed collector streets. All intersections of streets with existing or proposed collector streets shall have minimum clear sight triangle side length of 100 feet. All intersections of streets with existing arterial streets shall have a minimum clear sight triangle side length of 150 feet.

(3)

Street width and design standards shall be as set forth in the table below:

Street Type	No. of Travel Lanes	Parking	Sidewalks	Cartway Width (feet)	R-O-W Width (feet)	Curb
Collector	2	No	Yes	28	50	Yes
N	2	No	Yes	20	40	Yes
N-1	2	1 side	Yes	26	40	Yes
N-2	2	2 sides	Yes	32	50	Yes
Lane	1	No	No	10	12	No

Key to street types
N:	Neighborhood street with neither homes or parking on either side of the street.
N-1:	Neighborhood street with homes and parking on just one side of the street; the parking must be on the same side of the street as the homes.
N-2:	Neighborhood street with homes and parking on both sides of the street.
Lane:	May have two-way traffic and/or on-street parking only when design objectives and width are shown to warrant such travel. A lane shall be designed to not provide for through traffic.

(4)

Any street, lane or alley that may be allowed to have a cartway width of less than 20 feet shall be maintained by a homeowners' association. The Township is under no obligation to accept the dedication of any street, lane or alley.

[3]

Editor's Note: See Ch. 240, Subdivision and Land Development.

Sidewalks. Sidewalks are to be provided on both sides of all streets within the neighborhood development as well as along existing streets connecting the neighborhood development to existing or future development adjacent to the neighborhood development tract.

(1)

Sidewalks shall be no less than four feet wide in residential areas and no less than five feet wide in areas providing access to neighborhood facilities within the neighborhood development or commercial areas within or adjacent to the neighborhood development tract.

(2)

Sidewalks shall be separated from street curbs by a planting strip or tree lawns not less than three feet wide.

Transit facilities. If the neighborhood development tract is located on an existing or proposed street which is on an existing or proposed Red Rose Transit Authority (RRTA) bus route, a transit shelter and bench shall be provided. A bus pullout lane shall also be provided to accommodate the safe boarding of passengers and smooth transition of traffic. Where the neighborhood development has been designed to provide one or more through-street connections, the provision of multiple transit sites may be warranted. If RRTA notifies the Township that it will provide service within the neighborhood development tract prior to approval of a final subdivision or land development plan, the applicant shall provide a transit site to serve the neighborhood center or, if more than one neighborhood center building is constructed, to serve the neighborhood development center building selected by RRTA or the Board of Supervisors.

Shade trees and street plantings. Shade trees shall be provided and installed in accordance with the required landscaping plan. At a minimum, they shall be located along each side of all existing or proposed streets. Shade trees may be located no closer than 10 feet from the rear of curb, unless specifically approved otherwise by the Board of Supervisors. A minimum of one tree shall be provided for every 50 feet of street right-of-way on each side of the street.

(1)

All trees shall be at least two to 2 1/2 inches in diameter, measured at six inches above the ground when planted. In locations where healthy and mature trees currently exist, they may be counted towards the fulfillment of these standards.

(2)

The type of plant material provided shall be consistent with the standards of § 240-33C of the Subdivision and Land Development Ordinance.

(3)

Street plantings may be used to complement the street tree and landscaping requirements within public areas not included within the common open space. If permanent containers are used to accommodate such plantings, they shall contain vegetation which is hardy in all seasons or shall be replanted according to the change in seasons. The perpetual care and maintenance of such plantings shall be the responsibility of the entity responsible for the common open space.

(4)

Alleys or other rear access to residential units shall not be required to provide either sidewalks or street trees.

Incentives. Neighborhood developments which incorporate one or more of the following elements shall qualify for reductions in the percentage of common open space required, or an increase in the permitted density of a neighborhood development, or other modification of the requirements as specified herein. In no event shall density exceed the maximum density with density incentives as set forth in Subsection J.

(1)

For every two-percent increase in the number of single-family detached dwelling units which meet the requirements of Subsection I(1)(a), the density of the neighborhood development may be increased by 0.1 dwelling units per acre, up to a maximum increase of 0.3 dwelling units per acre.

(2)

For every ten-percent increase in the total percentage of dwelling units designed to permit individual conveyance beyond the minimum established in Subsection J, the density of the neighborhood development may be increased by 0.1 dwelling unit per acre, up to a maximum increase of 0.3 dwelling units per acre.

(3)

The minimum amount of the tract that is provided in common open space may be reduced from 45% to 30% through use of the following incentives:

(a)

If the applicant provides evidence to the Board of Supervisors that improvements will be provided to active recreational areas, such as construction of specific equipment, athletic courts or fields, or jogging/stretching/fitness stations, the Board of Supervisors may approve a reduction in the required common open space by up to a maximum of 5%. The amount of the reduction shall be dependent upon the extent of the proposed improvements.

(b)

If the applicant provides evidence that improvements will be provided to passive recreational areas, such as extensive landscaping beyond the minimum requirements, fountains, benches, ADA-compliant trail surfacing or educational signage related to natural or historic features, then each type of such amenity provided shall qualify for consideration of a decrease in the required common open space by 1%, with the total reduction of common open space not to exceed 5%.

(c)

If the applicant proves to the satisfaction of the Board of Supervisors that the common open space layout and improvements will protect and make available for public visual and active enjoyment natural vistas, overlooks, watercourses and wooded areas (which are in excess of 10,000 contiguous square feet), then the Board of Supervisors may approve a reduction in the required common open space by a maximum of up to 5%.

(4)

Subsection N(2) above includes provisions regarding the location of driveways. The following is an incentive above that requirement. This incentive shall apply if a minimum of 50% of the dwelling units shall be provided with all vehicle garage(s) that are accessed from the rear or that enter the garage from a side street or that have a one-lane driveway leading to vehicle garages that are located a minimum of 60 feet from the street and are designed to minimize their visual impact from the street. If such 50% minimum is met, then the density of the tract may be increased by 0.2 dwelling units per acre. Alternatively, if a minimum of 70% of the dwelling units meet such standard, then the density of the tract may be increased by 0.4 dwelling units per acre.

(5)

If a transfer of development rights is approved under § 285-33, then the density of the neighborhood development may be increased up to the maximum density with incentives. The amount of dwelling units that are allowed to be transferred shall be determined by § 285-33.

(6)

Workforce housing is defined as dwelling units that meet the standards of this Subsection S(6). If a neighborhood development will include a minimum of 10% of the total dwelling units that are be sold or leased as workforce housing, then a density bonus shall be allowed. Such density bonus shall result in an ability to build two additional dwelling units for every workforce housing dwelling unit, up to the maximum density allowed by Subsection J using density incentives. Such dwelling units shall only be sold, leased or subleased to individual(s) within a household that has an income of less than 80% of the Lancaster County median income for households as determined by the most recent data issued by the United States Census Bureau. The census median income data shall be increased by a standard U.S. government measurement of inflation to update the median income to the present.

(a)

The restriction upon the workforce housing shall continue for 15 years after each dwelling unit is initially occupied. The restriction upon the workforce housing shall apply at the time of the initial sale or lease of the dwelling units and any subsequent sale, lease or sublease of the dwelling units. The income determination shall be based upon the income of the inhabitants of the dwelling unit during the previous calendar year.

(b)

The applicant shall, as part of its conditional use application, provide documentation as to how this program shall be funded, monitored, implemented and enforced and shall agree that the program conditions and requirements will be made a condition of conditional use approval under Article I. Applicants are encouraged to propose to involve a third-party nonprofit organization in overseeing compliance with this section, with that organization responsible to periodically certify compliance in writing to the Zoning Officer.

(c)

The proposed workforce housing shall be integrated throughout the development, as opposed to being isolated to one area of land. In addition to complying with the architectural guidelines established per Subsection M, the workforce housing dwelling units shall be, to the greatest extent possible, indistinguishable as viewed from the front from other dwelling units within the development.

(d)

This Subsection S(6) shall not by itself limit the sales price or rental price of a dwelling unit.

(e)

At the time of initial occupancy, a minimum of 50% of the workforce housing dwelling units shall be available for purchase as opposed to lease.

Site plan requirements and effect of site plan approval.

(1)

Each applicant for a neighborhood development shall submit a site plan that includes the following information, at a minimum:

(a)

The project name or identifying title.

(b)

The name and address of the landowner of the tract, the applicant, and the firm that prepared the plan.

(c)

The file or project number assigned by the firm that prepared the plan, the plan date, and the dates of all plan revisions.

(d)

A North arrow, a graphic scale, and a written scale.

(e)

The entire tract boundary with bearings and distances, and identification of all corner markers.

(f)

A location map for the tract at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to existing and proposed streets, municipal boundaries, and streams existing within 1,000 feet of the tract boundaries.

(g)

The plotting of all existing adjacent land uses and lot lines within 200 feet of the proposed development, including the location of all public and private streets, drives or lanes, railroads, historic sites, utilities, easements and other significant natural or man-made features.

(h)

The names of all immediately adjacent landowners and the names and plan book numbers of all previously recorded plans for adjacent projects.

(i)

Contours at vertical intervals of two feet for land with average natural slope of 12% or less and at vertical intervals of five feet for more steeply sloping land; location of benchmark and datum used.

(j)

The delineation of all those areas which have been identified as being subject to the one-hundred-year flood in accordance with § 285-47 of this chapter.

(k)

The delineation of all soil types as indicated by the most recent U.S. Soil Survey information for Lancaster County.

(l)

The plotting of all existing landmarks within the proposed development, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures and watercourses.

(m)

A list of site data, including but not limited to the following:

[1]

Total acreage of the tract.

[2]

Zoning district.

[3]

Proposed use of the land.

[4]

Proposed gross area of the development.

[5]

Proposed gross residential density.

[6]

Proposed number of dwelling units and the mix of dwelling types.

[7]

Proposed number of lots.

[8]

Acreage of all street rights-of-way proposed for dedication.

[9]

Acreage and percentage of common open space.

[10]

Acreage to be sold to individual owners.

[11]

Acreage to be retained by landowner.

[12]

Acreage of any commercial, public or semipublic use areas.

[13]

Proposed number of parking spaces.

[14]

Any proposed density incentive, including the provision under which the incentive is authorized, the improvement proposed to qualify for the incentive, the increase in density, the change in the mix of dwelling types, the decrease in common open space, the increase in impervious coverage or the decrease in landscaping claimed.

(n)

The proposed location and dimensions of all streets, access drives, parking compounds, sidewalks, bikeways, and curbing.

(o)

The proposed location of all lot lines with approximate dimensions.

(p)

The approximate size of all lots in square feet or acreage.

(q)

The proposed location and configuration of all buildings. Single-family detached, single-family semidetached and duplex dwelling units may be schematic in configuration. Identification of building type with number of dwelling units in each multiunit building.

(r)

The proposed location, size and use of all common open space areas, structures and recreation facilities.

(s)

Proposed landscaping, buffering, screening, walls and fences.

(t)

A proposed phasing plan of the development.

(u)

A descriptive narrative of the proposal's impact on each of the following resources, and the specific measures undertaken or which will be undertaken to incorporate and protect such features in accordance with the objectives and goals identified by Subsection A. The applicant shall take appropriate steps to conserve these resources and shall identify what efforts have been made to mitigate necessary impacts to these resources. Features depicted on the plan shall include, but shall not be limited to, the following:

[1]

Existing vegetation and woodlands.

[2]

Natural habitats.

[3]

Slopes in excess of 15%.

[4]

Ponds, lakes, streams and rivers.

[5]

Wetlands.

[6]

Ridgelines.

[7]

All areas identified as being subject to the one-hundred-year flood in accordance with § 285-47 of this chapter.

[8]

Surface drainage characteristics.

[9]

All cultural, historical, known archeological and natural features on and adjacent to the neighborhood development tract.

(v)

Lot numbers in consecutive order for proposed lots.

(w)

Sufficient information to demonstrate the general feasibility of the proposed stormwater system, road system and utilities, but not including detailed grading plans, erosion and sedimentation control plans, road and utility profiles, construction details, stormwater calculations, and state permits, which may be submitted later as part of subdivision or land development plans.

(2)

The Board of Supervisors in approving conditional use applications shall make compliance with the site plan and any revisions thereto required by the Board of Supervisors a part of the approval. The applicant shall develop the neighborhood development tract in the manner set forth on the site plan and any required revisions thereto unless a change to the site plan is authorized in accordance with the following subsections. This procedure for revisions to the site plan shall supersede the provisions for changes to the site plan set forth in Article I of this chapter.

(3)

The Township has an objective of seeking to work with an applicant to coordinate conditional use and subdivision approvals. A review period for a conditional use may overlap the review period under the Subdivision and Land Development Ordinance, provided the requirements for each ordinance are met.

(a)

At the discretion of the Board of Supervisors, the Board of Supervisors may take additional action to waive preliminary plan submittal requirements. However, if such action is taken, the Board may require compliance with § 240-10L of the Subdivision and Land Development Ordinance. A substantial amount of detailed engineering submittal requirements may be deferred by the Board of Supervisors from the preliminary subdivision plan stage to the final plan stage if the applicant makes a legally binding commitment that no construction and no major grading will begin until after final plan approval is granted.

(4)

Provided that any change is approved under the Subdivision and Land Development Ordinance, an applicant may make minor revisions to the neighborhood development site plan without needing an additional conditional use approval for the following changes:

(a)

Alteration of any of the following items:

[1]

Increase in the number of dwelling units or decrease in the number of dwelling units not in excess of 10%.

[2]

Change in the percentage or mix of each type of dwelling unit by no more than 10% and still within the parameters of Subsection I(2).

[3]

Change in the amount of nonresidential building area or land area to be devoted to nonresidential uses of not more than 10%.

[4]

Change in the amount by not more than 10% or location of open space areas by not more than 800 feet.

[5]

Change in the minimum lot sizes for the residential dwellings by not more than 10%.

[6]

Change in any improvement proposed to qualify for a density incentive authorized by Subsection S.

(b)

An applicant may make minor revisions to the site plan as may be necessary to accommodate fully engineered stormwater management facilities, public sewer facilities, public water facilities, floodplains and changes to street design as may be required by the Pennsylvania Department of Transportation (PennDOT) as part of a highway occupancy permit. The Board of Supervisors during the subdivision and land development process shall determine whether the applicant's proposed changes to the approved site plan constitute minor revisions necessary to accommodate fully engineered stormwater management facilities, public sewer facilities, public water facilities, floodplains, and changes to street design as may be required by PennDOT as part of a highway occupancy permit.

(5)

An applicant who desires to make a change to an approved site plan which the Board of Supervisors determines does not constitute a revision authorized by Subsection T(4) above shall apply for and obtain an additional conditional use approval.

(a)

Any applicant for a change to an approved site plan shall demonstrate that the change continues to meet all requirements of this § 285-34.

(b)

An applicant who desires to make a revision to an approved site plan which affects a matter in excess of the modifications allowed in Subsection T(4) above, or that affects a matter not addressed by such section, shall demonstrate to the satisfaction of the Board of Supervisors during the additional conditional use approval process that such change will:

[1]

Generally enhance the development plan, or in any case not have an adverse impact on its physical, visual or spatial characteristics.

[2]

Generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.

[3]

Not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed neighborhood development.

[4]

Not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under Section 604 of the State Municipalities Planning Code.

[5]

Allow for equal or better results than the originally approved site plan and represent the minimum modification necessary.

Modification of standards. The Board of Supervisors may, by conditional use approval, permit the modification of the design standards in order to encourage the use of innovative design. An applicant desiring to obtain such conditional use approval shall, when making application for conditional use approval for a neighborhood development using the neighborhood design option, also make application for conditional use approval under this Subsection U. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards shall be subject to the following standards:

(1)

Such modifications of design standards better serve the intended purposes and goals of the neighborhood design option as expressed in Subsection A.

(2)

Such modifications of design standards would not result in adverse impact to adjoining properties nor future inhabitants within the neighborhood development.

(3)

Such modifications will not result in an increase in residential densities permitted for the neighborhood development tract.

(4)

Such modifications will not result in a decrease in common open space below that required in Subsection F for the neighborhood development tract.

(5)

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria in this § 285-34.

Signs.

(1)

As part of the final subdivision or land development plan for a neighborhood development, a set of standards shall be submitted that will be used to guide the design of signs in the development.

(2)

The design, size and location of signs at entryways into the neighborhood development shall be submitted with the conditional use application.

(3)

Internally illuminated signs shall be prohibited within a neighborhood development.

(4)

Signs in a commercial center or neighborhood center of a neighborhood development shall comply with the same requirements that apply to the MS Main Street District.

§ 285-35 Additional requirements in the A District.

Limitations on subdivision/land development.

(1)

In order to preserve the agricultural tracts, it is the express intent of the A District 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 to preserve prime agricultural land through the enactment of these regulations.

(2)

Each tract existing on April 20, 1988, shall be permitted to subdivide new lots from the tract or establish new principal uses on the tract based upon the lot area of the tract as it existed on April 20, 1988, as follows:

Lot Area (acres)		Number of New Lots Which May Be Subdivided and/or Number of New Principal Uses Which May Be Established
At Least	Less Than
2	20	1
20	40	2
40	60	3
60	80	4
80	100	5
100	120	6
120	140	7
140	160	8
160	180	9
180	200	10
200	220	11

(3)

A purpose of the A District is to limit the development of agricultural tracts. It is the further purpose of this A District to limit the number of single-family dwellings or other principal uses which may be established on any tract within the A District. The condition of the tract on April 20, 1988, or on the date on which the tract was first zoned A District shall be the basis from which the maximum development set forth in § 285-35A(2) above shall be calculated.

(4)

See § 285-33, which may allow transfers of the rights to develop dwelling units from the A District to other districts. A density incentive is offered.

(5)

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 provided in Subsection B(2). Any lot existing as of March 16, 1996, which is two or fewer acres in size, shall be presumed to be used for residential purposes.

(6)

A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the tract from which the land is taken and the tract to which the land is added will be 20 acres or greater after such subdivision, shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection B(2) above.

(7)

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 Subsection A(2) above.

(8)

Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or establishment of principal uses, if any such right remains from the quota allocated to the parent tract on April 20, 1988, or on the date when such land was first included within the A District. The right of further subdivision or establishment of principal uses shall also be included in the deed for the newly created lot. If the designation of the right of further subdivision or establishment of principal uses was not included on a subdivision or land development plan of a parent tract, it shall be conclusively presumed that the largest lot remaining after subdivision shall carry the right of further subdivision or establishment of principal uses.

(9)

In the event that a tract which was not classified as part of the A District on April 20, 1988, is or was thereafter classified as part of the A District, the size and ownership of the tract and the development existing on the tract on the effective date of the change in zoning classification shall determine the number of lots which may be subdivided from or the number of principal uses which may be established on such tract.

(10)

The number of lots which may be created or principal uses which may be established 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.

(11)

In submitting an application for a subdivision/land development for a dwelling unit within the A District, the applicant shall demonstrate that measures have been used to:

(a)

Minimize the loss of valuable farmland;

(b)

Cluster residential lots on the subject property and, if applicable, with those lots contained on adjoining farms;

(c)

Minimize the length of property lines shared by all residential lots and adjoining farms;

(d)

Assure adequate vehicular access to future residences not currently proposed;

(e)

Assure that the proposed plan can comply with the Township's Subdivision and Land Development Ordinance;

(f)

Make use of existing public sewer and/or public water facilities; and

(g)

Minimize the clearing or cutting of mature trees and hedgerows.

(h)

The applicant shall furnish evidence regarding how these objectives have been satisfied.

Lot area requirements.

(1)

Agricultural, horticultural and/or forestry-related uses: 20 acres minimum for uses existing as of March 16, 1996; 50 acres minimum for uses established after March 16, 1996.

(2)

Single-family detached dwellings: 35,000 square feet, minimum lot area; two acres, maximum lot area.

(a)

The maximum lot area shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot: 1) does not predominately consist of Class I, II and/or III soils, as identified in the soil survey; or 2) is generally unsuitable for agricultural purposes; or 3) where additional lot area is needed to improve septic or water supply facilities for the lot. Where an applicant proposes to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this section upon such existing dwelling rather than on a proposed dwelling to be constructed on the remainder of the parent tract.

(b)

The Township may also allow one lot to exceed the two-acre maximum lot area if the applicant proves that the resulting land that is removed from the parent tract will not be greater than would result if a larger number of allowed lots would be subdivided. For example, if an applicant was allowed three new lots on a tract and only proposed one new lot, then that one new lot could have a six-acre maximum lot area, which is equivalent to three lots of two acres each. However, in this example, that six-acre lot would be designated on deeds and the record plan as having the right to subdivide the two additional lots, and the remaining parent lot would not have a right of further subdivision.

(3)

Other allowed uses. Unless otherwise specified, all other principal uses shall contain at least one acre. Except as specifically stated, in no case shall any nonagricultural use contain more than five acres.

(4)

See § 285-63, which may allow a lot to include two single-family detached dwellings if the applicant proves to the Township that each dwelling could be lawfully subdivided in the future to have each dwelling on its own lot meeting Township requirements.

Minimum lot width: 200 feet at the minimum front yard setback line; 150 feet at the lot frontage.

Minimum lot depth: 200 feet.

Minimum setbacks and maximum height requirements.

(1)

Agricultural uses (other than farm dwellings).

(a)

Front yard setback: 50 feet.

(b)

Side yard setback: 50 feet on each of two sides.

(c)

Rear yard setback: 50 feet.

(d)

Additional setbacks. Except as provided for in the following paragraph, no new slaughter area, area for the storage or processing of garbage, or spent mushroom compost, or structures for the cultivation of mushrooms shall be permitted within 300 feet of any land within the R-1, R-2 and/or R-3 Zones. See additional setbacks in § 285-42 under "Livestock and Poultry, Raising of."

[1]

The Zoning Hearing Board may as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

(2)

Single-family detached dwellings (including farm dwellings).

(a)

Front yard setback: 50 feet.

(b)

Side yard setbacks: 25 feet on each of two side yards.

(c)

Rear yard setback: 50 feet.

(d)

Maximum permitted height: 35 feet.

[Amended 12-10-2007 by Ord. No. 202]

(3)

Other permitted or special exception uses. Unless otherwise specified, the following requirements shall apply to all other principal uses permitted within the A District:

(a)

Front yard setbacks: 50 feet.

(b)

Side yard setbacks: 50 feet each of two side yards.

(c)

Rear yard setback: 50 feet.

(4)

Residential accessory uses. Unless otherwise specified, the following requirements shall apply to accessory uses:

(a)

Front yard setback: No accessory use (except permitted signs) shall be located within the front yard.

(b)

Side yard setbacks: 10 feet on each of two side yards.

(c)

Rear yard setback: 10 feet.

(d)

Maximum permitted height: 15 feet.

[Amended 12-10-2007 by Ord. No. 202]

(5)

Maximum permitted mso-element-frame-height: 35 feet for principal nonagricultural buildings; 150 feet for agricultural buildings and structures, provided all structures are set back a distance at least equal to their height from all property lines.

Maximum total impervious coverage.

(1)

Agricultural uses: 10%.

(2)

Single-family dwellings: 20%.

(3)

Places of worship or primary or secondary schools: 60%.

(4)

Other uses (unless otherwise specified): 20%.

Driveways. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements.

Warehousing and storage as a principal use. Warehousing and storage shall be permitted as a principal use when meeting all of the following criteria:

[Added 12-10-2007 by Ord. No. 202[1]]

(1)

Minimum lot size of two acres and maximum lot size of 10 acres.

(2)

Maximum of one such building per lot.

(3)

The use shall not be used for any commercial purposes.

(4)

The storage area may not be sublet.

(5)

Maximum floor area of 5,000 square feet.

(6)

All buildings shall maintain a residential or agricultural appearance, as viewed from the street.

(7)

All other requirements shall be in compliance except as specified in this chapter.

[1]

Editor's Note: This ordinance also relettered former Subsection H, Agricultural nuisance disclaimer, as Subsection I.

Agricultural nuisance disclaimer. All lands within the A District 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 the Right to Farm Law, 3 P.S. § 951 et seq., as amended, may bar them from obtaining a legal judgment against such normal agricultural operations.

[Amended 12-10-2007 by Ord. No. 202]

§ 285-36 Age-restricted residential development.

This § 285-36 provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. (Note: As of 2005, such provisions were in 42 U.S.C. 3607).

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

If a residential development is approved under this § 285-36, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. An age-restricted residential development shall meet all other requirements of Township ordinances. A medical residential campus development shall not be eligible for age-restricted residential development bonus.

§ 285-37 Historic buildings.

[Amended 12-12-2016 by Ord. No. 243]

Historic Buildings Table and Historic Buildings Map. The Historic Buildings Table[1] lists historic buildings within the Township. The Historic Buildings Map[2] shows the locations of the historic buildings by map numbers corresponding to the numbers on the Historic Buildings Table. The Historic Buildings Table and the Historic Buildings Map are hereby incorporated by reference. The Historic Buildings Table and the Historic Buildings Map may be revised or replaced by an amendment to this chapter.

[1]

Editor's Note: Said table is included as an attachment to this chapter.

[2]

Editor's Note: Said map is included as an attachment to this chapter.

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

Consideration of demolition. The following shall apply to buildings that are identified on the Historic Buildings Table. Unless an accessory building is specifically included on the Historic Buildings Table, this § 285-37 shall only apply to principal buildings.

(1)

General requirement. A building identified on the Historic Buildings Table shall not be demolished in part or in whole or be removed without first obtaining conditional use approval for the demolition, followed by a Township demolition permit.

(2)

Application procedures. In addition to meeting the conditional use requirements in § 285-17, a demolition permit application under this section shall include the following:

(a)

A site plan drawn to scale, showing the specific location of the structure proposed to be demolished and its relationship to adjacent property lines and all other buildings, structures and improvements (such as sidewalks, driveways, parking areas, landscape beds, mature trees), and shall indicate the general topography of the property. In addition to the location of the structure(s) to be demolished, the site plan shall include a separate sheet showing the proposed future use of the lot, including any proposed buildings and a scaled elevation/facade drawing of the proposed use/structure.

(b)

An explanation of why the building is being considered for demolition, removal or relocation. The application shall include an evaluation by a qualified historic preservation professional of the historic and/or architectural significance of the historic building.

(c)

Proposed use for the property or portion thereof from which the building will be removed and a time line for the implementation of the proposed use (including other local, county, state and federal approvals).

(d)

Photographs of the existing building proposed to be demolished.

(3)

Approval or disapproval of a demolition permit.

(a)

Demolition permits for the partial or entire demolition of a building regulated by this section shall need conditional use approval by the Board of Supervisors, after an opportunity for review by the Township Planning Commission and by any appointed Township historical commission or Township historic preservation task force that may exist. A partial demolition shall include, but not be limited to, removal of an attached porch roof, removal of porch columns, and removal of architectural features.

[1]

A building regulated by this section shall not be demolished, in whole or in part, or removed unless the applicant proves by credible evidence to the satisfaction of the Board of Supervisors that one or more of the following conditions exists:

[a]

The existing building cannot feasibly and reasonably be reused, for a use allowed by this chapter, and that such situation is not the result of intentional neglect or demolition by neglect by the owner, and that the potential for reuse shall consider sale to another party;

[b]

The denial of the demolition would result in unreasonable economic hardship to the owner, based upon credible evidence, and the hardship was not self-created; or

[c]

The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by this section, and the project needs to occur at this location. For example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard.

[2]

An applicant is only required to meet one of the conditions provided in Subsection C(3)(a)(1) above. However, the applicant shall also describe how other conditions in Subsection C(3)(a)(1) apply or do not apply.

[3]

For approval of a demolition, the standards of this § 285-37 shall apply in addition to any relevant general conditional use standards. In reviewing the application, the Board of Supervisors shall consider the following:

[a]

The effect of the demolition on the historical significance, streetscape and architectural integrity of neighboring historic buildings and on the historic character of the surrounding neighborhood.

[b]

The feasibility of other alternatives to demolition.

[4]

Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused. The conditions that justify the proposed demolition shall not have been self-created by the applicant.

[5]

Exceptions. Conditional use approval shall not be needed for the following:

[a]

Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the building and that are not visible from a public street (not including an alley).

[b]

Removal of features that were added less than 60 years previously, such as a modern porch or aluminum siding or carport.

[c]

Relocation of a building within the Township, provided that the relocation does not result in a partial or complete demolition that is regulated by this section.

(4)

Conditions. Applicants whose applications for demolition, removal, or relocation are approved shall be subject to conditions that include, in addition to any other appropriate conditions, the following:

(a)

The Township shall have the right, at the Township's expense, to hire and send a person who is skilled in documenting historic structures to the subject property, and the applicant shall have the obligation to cooperate with the Township's efforts to record all relevant information relating to the history of the subject property.

(5)

Demolition by neglect. Demolition by neglect is defined as the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation set forth in Chapter 197 of this Code, known as the West Lampeter Township Property Maintenance Code.

(a)

Code violations: If the Code Enforcement Officer has cited a property owner of an historic building for conditions that could lead to structural weakness, decay or deterioration in a building or structure and the property owner fails to correct the condition(s) in the time specified, that property owner may be cited also for demolition by neglect under these provisions and be subject to the penalties contained herein.

(b)

The owner of unoccupied principal or accessory buildings or structures that have been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied historic buildings. Said maintenance program shall be established in accordance with the West Lampeter Property Maintenance Code, as previously enacted and amended. A copy of the maintenance program shall be filed with the Code Enforcement Officer and implementation begun in accordance with an established time-table.

[1]

The maintenance program shall address measures to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building or structure. Structural features requiring stabilization include, but are not be limited to, roofs, chimneys, cornices, soffit, fascia, spouting, columns, beams, posts, and window and door sills, lintels and jambs.

[2]

The exterior and interior of the building or structure shall be inspected no less than annually by the Code Enforcement Officer with the owner or the owner's agent to determine compliance with the established maintenance program.

In addition to or in lieu of the penalties and enforcement remedies provided in this chapter, any violations of the provisions of this § 285-37 may be abated or enforced by proceedings seeking equitable relief against the violator.

§ 285-38 Additional requirements for the OTR District.

Planned mixed-use development. Section 285-27A establishes the minimum lot area for the OTR District. That section allows a reduction in the minimum lot area and the minimum lot width if conditional use approval is first obtained for a planned mixed-use development. A planned mixed-use development shall have a minimum tract size of 10 acres.

(1)

A planned mixed-use development shall only be approved if the applicant proves to the Board of Supervisors that the following conditions will be met:

(a)

That the applicant submits a master site plan for the entire tract that shows the approximate layout of lots and roads, ranges of intended uses, and the methods to buffer adjacent dwellings. Substantial compliance shall be required with that master site plan, unless the applicant receives conditional use approval for a revised planned mixed-use development in the future. The master site plan shall be prepared to scale and based upon accurate existing features. However, fully engineered subdivision or land development plans may be submitted as a later step, after conditional use approval is granted.

(b)

That the development will maximize use of interior streets, as opposed to driveways from individual lots entering onto exterior public streets.

(c)

That the development will include an appropriate system to minimize the number of stormwater basins and to ensure proper maintenance of stormwater basins over time.

(d)

That the subdivider will establish an appropriate set of covenants or deed restrictions on each lot to ensure proper development of individual lots. The substance of those covenants or deed restrictions shall be provided to the Board of Supervisors for its information. It is requested, but not required, that the covenants or deed restrictions include restrictions on exterior materials of the facades of buildings.

(2)

Definition of planned mixed-use development. This term shall mean a development approved as a planned mixed-use development as a conditional use under the standards of § 285-38. A planned mixed-use development is a tract designed with fully coordinated interior road access, stormwater management, landscaping and buffering.

(3)

Once a planned mixed-use development is granted conditional use approval, then individual uses shall only be allowed if they are consistent with the conditional use approval, unless a revised conditional use approval is granted.

(4)

Information on covenants. A planned mixed-use development shall include a reasonable set of deed restrictions or covenants imposed by the developer on each lot. These covenants should cover types of uses, maintenance of lots and industrial operations, with a proper means for enforcement. The covenants shall also be written to carry out the purposes and requirements of a planned mixed-use development. The substance of these covenants shall be presented before a planned mixed-use development is approved.

(5)

See the note in the Table of Allowed Uses for restrictions on retail sales, personal service and restaurant uses, including the percentage of the development tract that can be occupied by such uses.

(6)

Within the OTR District, a neighborhood development developed in compliance with the NDO regulations of § 285-34 shall be allowed as a conditional use if the following additional requirements are met:

(a)

The land within the OTR District shall be allowed to have the same density as would apply to an NDO development in the R-2 District. Only the portion of the tract that is developed as an NDO shall count towards determining the allowed density.

(b)

The NDO development shall be within a planned mixed-use development, with an interior road system, stormwater management system and landscaping design that is fully coordinated between the business development and the residential development within the OTR District. An access management plan shall be presented for all lands that are in common ownership.

(c)

For the portion of the tract that is developed as an NDO development, the dimensional, architectural, density, parking, design and similar requirements of § 285-34 shall apply in place of the corresponding requirements of other subsections of this § 285-38.

(d)

As part of the conditional use approval, the applicant shall prove to the satisfaction of the Board of Supervisors that a sufficient buffer is provided between residential areas and any incompatible business areas, particularly uses that would involve nighttime noise or regular trucking activities. The Board of Supervisors may require additional setbacks, landscaping, earth berming and/or limits upon hours of operation as a condition of conditional use approval to ensure compatibility.

(e)

The NDO development shall not comprise more than 40% of the total land area of a tract within the OTR District. The maximum percentage of an OTR tract that can be developed in retail, restaurant and service uses shall also apply to any portion of the OTR developed in commercial uses. Therefore, the percentage of land that can be developed in retail uses under the OTR District may not be added together with the percentage of an NDO that is allowed to be developed commercial to result in a higher percentage of commercial uses.

Additional setbacks.

(1)

Any industrial use or area routinely used for the parking, storage, loading or unloading of two or more tractor-trailer trucks or refrigerated trucks shall be set back a minimum of 200 feet from the lot line of an existing dwelling. Such setback shall be reduced to 120 feet if a principal building or Township-approved sound wall or six-foot minimum height landscaped earth berm will completely buffer such activity from all adjacent residential lots. An earth berm may include a suitable retaining wall on the business side, provided a 3:1 minimum slope is maintained on the residential side.

(2)

No new loading dock that is routinely used by tractor-trailer trucks shall be located within 75 feet of the right-of-way of a public street.

Impervious coverage. The maximum impervious coverage provided in § 285-27A may be modified as follows within a planned mixed-use development, if the flexibility is used to provide a substantial buffer adjacent to existing dwellings:

(1)

Within an approved planned mixed-use development, the maximum impervious coverages of certain individual lots may be approved to be a maximum of 80%, provided that deed restrictions are put into place to restrict the maximum impervious coverage of other lots to a lower percentage so as to ensure that a maximum impervious coverage of 65% is maintained for the total land area of all lots. This provision is intended to allow for substantial buffer areas adjacent to dwellings or for common recreation areas.

(a)

For example, by deed restrictions, one lot of two acres might have a maximum impervious coverage of 75% while another two-acre lot is approved with a maximum impervious coverage of 55%, resulting in an average impervious coverage of 65%.

Height. A maximum height of 45 feet or four stories, whichever is more restrictive, shall apply. However, for portions of a building that are within 100 feet from an existing residential lot, a maximum height of 35 feet or three stories, whichever is more restrictive, shall apply. Customary extensions of a building that are not occupied by persons may exceed this height limit, such as elevator equipment, skylights, water towers, chimneys, smokestacks and similar features.

Landscaping and screening.

(1)

See §§ 285-65 and 285-66.

(2)

Planting strips shall be provided adjacent to each public street. The planting strip shall have a minimum width of 40 feet adjacent to the curbline of an arterial street and 15 feet adjacent to the curbline of any other street. If curbing is not provided, then such width shall be measured from the street right-of-way line. A sidewalk of approved width and approximately perpendicular driveways of approved width may be placed within this planting strip. The planting strip shall be maintained in deciduous shade trees, shrubs and an attractive vegetative ground cover.

(3)

As part of land development review for each new principal building, a landscaping plan shall be submitted to the Township. A minimum of 20% of each lot shall be landscaped, which shall include grass or other vegetative ground cover and an appropriate distribution of trees and shrubs.

Utilities. Each principal use shall be served by public water and public sewage service. All new electric and telephone service lines within the development shall be placed underground.

Nuisances and hazards. An applicant for a new industrial use shall provide a written description of methods that will be used to control significant nuisances and hazards, including noise, dust, toxic hazards, hazardous spill and leak hazards, explosion hazards, flammable hazards, radiation hazards and similar nuisances and hazards.

Pedestrian access and amenities.

(1)

See the provisions of the Subdivision and Land Development Ordinance[1] regarding sidewalks along streets. An applicant may apply for a modification under such ordinance to allow a bituminous asphalt bicycle/walking trail in place of concrete sidewalks.

[1]

Editor's Note: See Ch. 240, Subdivision and Land Development.

(2)

Consideration should be given to providing pedestrian routes (such as crushed stone paths in areas that are not along a public street) and outdoor lunch areas with picnic tables and trees within a subdivision for the use of employees of businesses within the subdivision.

Additional OTR provisions.

(1)

The applicant shall establish a set of architectural standards through deed restrictions or a similar method that will be binding upon each lot owner and developer. A draft of such provisions shall be provided to the Township for review. It is strongly encouraged that a minimum of 75% of the facades of buildings facing onto streets consist of glass, brick or other decorative masonry. This provision is intended to avoid metal or cinder block construction, at least as visible from a street. Subdividers are strongly encouraged to place such a requirement on each lot through deed restrictions.

(2)

Landscaped front yards. A maximum of 80% of the required minimum front yard setback area shall be maintained in landscaped green space. The intent is that the remaining 20% would be used for driveways, fire lanes, visitor parking, handicapped parking and walkways. Other vehicle parking is intended to primarily be placed to the side or rear of buildings.

(3)

Loading docks. An applicant shall prove to the satisfaction of the Township that loading docks routinely serving three or more tractor-trailer trucks have been located within reason to seek to minimize their visibility from dwellings, public streets and existing and planned expressways. No loading dock routinely served by tractor-trailer trucks shall be located within 75 feet of the existing right-of-way of a public street.

(4)

Coordinated stormwater management. The OTR shall include a coordinated system of stormwater management. At best, where feasible, this should include sufficient land set aside for a minimal number of stormwater basins, with each lot owner assessed sufficient fees each year to properly maintain the basins.

(5)

Berming. The Board of Supervisors may require an earth berm to be constructed between industrial uses and any existing or prospective residential lots if the Board determines it will be necessary to ensure compatibility between uses.

(a)

The height of the berm shall average at least five feet, unless the Board of Supervisors determines that a differing height is appropriate considering the topography of the site.

(b)

The maximum slope of the berm (on sides visible from outside of the business) shall be three feet measured horizontally for each one foot measured vertically.

(c)

The plant screening required by § 285-65 shall be placed towards the top, on the residential side, of the berm. Portions of the berm that are visible from outside of the business development shall be maintained with attractive vegetation.

§ 285-39 Additional requirements in the MS and MSL Districts.

Purposes. In addition to the overall purposes of this chapter, the MS and MSL Districts are intended to: improve the appearance of the Willow Street Corridor to help attract desirable types of development; encourage appropriate infill development and adaptive reuse; attract new sources of employment and tax revenue; encourage a proper mix of uses; avoid development that would be inconsistent with the character of the community; provide for reasonably safe and convenient pedestrian, bicycle, and vehicle circulation; encourage persons to live, work, shop, and enjoy recreation within the Township; encourage the creation of a sense of place, feelings of belonging, and a community spirit that promotes social interaction and volunteerism; and further the purposes and objectives of and utilize the authority for traditional neighborhood development that are set forth in the Pennsylvania Municipalities Planning Code.

[Amended 9-9-2013 by Ord. No. 232]

Additional provisions within the MS and MSL Districts:

(1)

Buildings may be developed in a condominium arrangement without each building being on its own minimum-sized lot, provided the applicant proves that the same dimensional requirements could be met as if the dwellings were in fee-simple ownership. For example, if a ten-foot side yard is required on each side of two buildings, then a twenty-foot separation shall be provided, although a lot line would not need to exist between the two buildings.

(2)

Before zoning approval is granted for any new principal building, a conceptual architectural plan shall be submitted to the Township for review. Such plans shall show the front elevation of the building and shall list the types of exterior building materials of the front facade. A Township disapproval decision shall not be based upon such architectural plans.

(3)

Individual buildings and pedestrian entrances and parking areas shall be laid out to promote pedestrian access among different uses.

(4)

Buildings of over 100 feet in length should be designed to have the appearance of interconnected buildings and to avoid the appearance of monotony. This should be accomplished through variations in rooflines, overhangs, setbacks, colors and facade materials and use of canopies, porches and awnings.

(5)

Buildings should have the appearance of having a pitched or peaked roof as viewed from a street or have a decorative cornice roof.

(6)

Retail stores should have display windows facing onto the street.

(7)

Buildings should be designed and arranged to provide a character similar to an older village. Street level storefronts shall be inviting to pedestrians.

(8)

No off-street parking spaces shall be located within: a) 40 feet from the right-of-way of Route 272 Willow Street Pike or Village Road; and b) 10 feet from the curbline of any other street. To the maximum extent feasible, off-street parking should be located to the rear or side of nonresidential buildings. Existing parking spaces may be rearranged, provided they do not result in an increase in the land area covered by off-street parking spaces in such location.

(9)

Walkways through parking lots shall be well-defined and separated from major vehicle corridors, except where crosswalks are provided.

(10)

Loading and unloading spaces for trucks shall not block major pedestrianways or create blind spots.

(11)

Bike racks shall be provided in commercial developments of over three acres.

(12)

As viewed from a street, buildings should be constructed of materials using the following exterior materials or other materials with a closely similar appearance: brick, stone or clapboard.

(13)

Maximum building setback. If a new principal building is constructed on a lot adjacent to Willow Street Pike, at least a portion of such building shall have a building setback from Willow Street Pike that is not more than 15 feet greater than the average building setback of all buildings on that same side of the block along Willow Street Pike.

(14)

Design guidelines. The following design guidelines are recommended to be used by the Township and applicants when considering changes to the MS and MSL Districts.

(a)

Every effort should be made to preserve and reuse older buildings and to rehabilitate historic features. Modern additions and features should be placed towards the rear of the property.

(b)

Uninterrupted continuity of pedestrian-related uses and activities should be encouraged along Willow Street Pike, particularly in areas of present activity. Outward street orientation is encouraged, with storefronts, entrances, window displays and other windows relating to Willow Street Pike.

(c)

Lighting. Privately installed light fixtures should be similar in design to decorative public streetlights. Excessive illumination and glare should be avoided.

(d)

Signs. If more than one sign is used, the signs should be consistent in design. Signs should not cover historic architectural features.

(e)

Parking. Parking areas should be well-screened from Willow Street Pike by landscaping and a decorative masonry wall.

(f)

Patterns. Where existing older buildings have a certain horizontal or vertical orientation or pattern, that orientation or pattern should be continued in new construction. Where existing older buildings have a certain spacing of windows and doors, similar spacing (and similar sizes of windows and doors) should be continued. When larger buildings are proposed, they should be articulated so that the major elements of the facade reflect the width and proportion of the surrounding buildings.

(g)

Blank walls. Blank walls without door and window openings should be avoided along a street. Overly modernistic or bland buildings devoid of details should be avoided when adjacent buildings have architectural details.

(h)

Fencing. Chain link metal fencing should be avoided in the front yard.

(i)

Materials. On sides visible from a street, new construction should use building materials that are similar to appearance to older buildings. Artificial materials are acceptable if they have a truly realistic appearance.

(15)

Subject to any special or more particular provisions of this chapter, any building exceeding 100 feet in length which is proposed as part of multiple buildings on a lot may be set back greater than the maximum setback required under § 285-39B(13), provided it is screened and buffered from the front of the lot by plantings or other approved materials.

[Added 12-8-2008 by Ord. No. 209]

(16)

Design features/bonus incentives. Because of the intended purpose of the MSL District to promote adaptive reuse and preserve its historic character, the following bonus incentives may be applied to individual uses in the MSL District if an applicant demonstrates that the applicable standards and criteria set forth in this subsection will be met. These bonus incentives permit development in a manner which exceeds the type of development otherwise permitted in the MSL District, and therefore entitlement to the bonus incentive is strictly limited to those uses or types of development or redevelopment meeting the standards and criteria set forth herein.

[Added 9-9-2013 by Ord. No. 232]

(a)

If the applicant adaptively reuses the existing structure, which may include an addition not to exceed 20% of gross floor area of the existing structure, then the maximum impervious coverage may be increased by not more than 10% and the total required parking spaces may be decreased by not more than 5% for a principal use.

(b)

If the applicant provides coordinated vehicular access between two or more adjoining lots that make use of only one shared access driveway onto adjoining roads, the maximum impervious coverage may be increased by not more than 5%, subject to the submission of a long-term agreement defining the joint use of the access drive which has been executed by all parties concerned, approved by the Zoning Officer, and recorded.

(c)

If the applicant provides clear and convincing evidence that a reduced number of parking spaces is justified because more than one principal use will safely and efficiently share access and the same off-street parking facility, then the total number of spaces may be decreased by not more than 50% of the required spaces based on the calculation for all principal uses intended to share parking subject to the following requirements:

[1]

The applicant must demonstrate that the peak parking demand and principal operating hours for each use are suitable for a shared parking facility.

[2]

Shared parking areas shall not be located greater than 200 feet from buildings intended to share parking.

[3]

Shared parking facilities containing greater than 50 total spaces adjacent to an adjoining lot used primarily for a principal residential purpose shall be planted with a plant screen in accordance with § 285-65D(6)-(7).

[4]

A long-term agreement defining the joint use of the common parking facility shall be executed by all parties concerned, approved by the Zoning Officer, and recorded.

[5]

Any subsequent change in land uses for which the shared parking proposal was approved that results in the need for additional parking spaces shall require approval by the Zoning Officer. Failure to obtain approval for required parking shall be a violation of this chapter.

Circulation, traffic access and streets.

(1)

Street standards. As authorized by the traditional neighborhood provisions of the State Municipalities Planning Code, the Board of Supervisors shall have the authority to modify specific street requirements of the Subdivision and Land Development Ordinance to result in a development that is pedestrian-oriented and that promotes low-speed traffic.

(a)

For example, the Board of Supervisors may approve reduced street cartway widths, street right-of-way widths and street curve radii.

(b)

The applicant shall submit a request for modifications in writing, which shall state the reasons why the modification would be consistent with the purposes for a traditional neighborhood development as stated in the State Municipalities Planning Code and would be in the public interest while protecting public safety.

§ 285-40 Flag lots.

A flag lot is defined as a lot intended for a single-family detached dwelling that does not meet the minimum required lot width at the minimum front yard building setback line. A flag lot may involve a more narrow "flagpole" extension of the lot that includes a driveway that connects the bulk of the lot to a street.

As a conditional use, the Board of Supervisors may approve the subdivision of land to create a flag lot in response to a written request that states the reasons why the flag lot is needed. A flag lot shall not be used to increase the number of dwelling units that otherwise would be allowed on a tract of land. A flag lot shall only be allowed if the applicant proves that a flag lot is necessary to minimize the amount of disturbance of natural features on the tract, such as steep slopes and mature woodland.

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

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

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

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

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