The requirements and provisions of this Article XVI shall apply to all lands in all zoning districts unless application to specific zoning districts is expressly stated.
Accessory alternative energy systems shall be permitted in all
zoning districts, subject to the following conditions:
A.
Solar energy systems.
(1)
The design and installation of solar energy systems shall conform
to the most-recent version of the Lancaster Township Building Code,
as amended, and with all other applicable Township electrical, fire,
life safety, and other similar standards.
(2)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories, the
American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer's specifications shall
be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure
solar access without reliance on or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located to prevent
reflective glare toward any inhabited structure on adjacent properties
as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines that are part of
the solar energy system shall, to the maximum extent feasible, be
placed underground.
(6)
All solar energy systems shall, to the maximum extent feasible,
be inconspicuously sited when viewed from adjacent street rights-of-way.
(7)
All solar energy systems shall, to the maximum extent feasible,
be sited so that tree removal is not required. If any trees are to
be removed, the applicant shall submit a plan demonstrating the need
to remove trees and a plan for the replacement of the trees.
(8)
Roof- and wall-mounted solar energy systems shall be sited in
accordance with the following:
(a)
Solar energy systems located on the roof of any structure shall
not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure
shall not extend vertically above the highest point (peak) of the
pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure shall
be the same slope as, or parallel to, the pitched roof.
(d)
Solar energy systems located on a flat roof shall not exceed
15 feet in height above the height of the roof. In all zoning districts,
such facilities shall be screened by parapets, walls, fences, or other
approved means, as viewed from the lot line, except for the industrial
zoning district.
(e)
All solar energy systems mounted on roofs and walls of any structure
shall be subject to the maximum height regulations specified within
the applicable zoning district.
(f)
No solar energy system shall be attached to, or sited along,
the front facade (wall) or front building line of any principal building.
(9)
If the solar energy system is unable to be located on a roof
or a wall of a structure as is preferred, then placement of freestanding,
ground-mounted solar energy systems shall be provided in accordance
with the following:
(a)
In addition to any yard and setback requirements set forth in
this section, all freestanding, ground-mounted solar energy systems
shall comply with all yard requirements for accessory structures in
the applicable zoning district.
(b)
All freestanding, ground-mounted solar energy systems shall
be set back from all lot lines and street rights-of-way a distance
equal to the total height of the solar energy system.
(c)
Freestanding, ground-mounted solar energy systems shall not
exceed 15 feet in height.
(d)
For purposes of determining the maximum surface area of all
freestanding, ground-mounted solar energy systems, the maximum surface
area shall be considered the total surface area of the cumulative
solar panels; where two or more panels are grouped together, the total
dimensions (length and/or width) of each panel shall be the cumulative
dimension of the panels.
(10)
All applications for solar energy systems shall include the information required for a plot plan approval pursuant to Article XVIII of this chapter relating to permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not
directed towards nor upon any adjacent properties or adjacent street
rights-of-way. The glare study shall include:
[1]
The angle of the solar collector system panels,
arrays, cells, etc., at the location;
[2]
A diagram showing the maximum and minimum angles
of reflective glare from the solar collector system panels, arrays,
cells, etc., at the location and the relationship of that glare to
adjacent properties, structures and rights-of-way; and
[3]
A mitigation plan that limits or eliminates reflective
glare on adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer licensed and registered
to practice in the Commonwealth of Pennsylvania that the proposed
installation of the solar energy system will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with any solar energy system, and applicable
requirements of most-recent version of the Lancaster Township Building
Code, as amended; and
(c)
Confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
(11)
Prior to the issuance of a permit for the installation of a
solar energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
B.
Accessory wind energy systems.
(1)
The design and installation of wind energy systems shall conform
to the most-recent version of the Lancaster Township Building Code,
as amended, and with all other applicable Township electrical, fire,
life safety, and other similar standards.
(2)
The design and installation of all wind energy systems shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
or as approved under an emerging technology program such as the California
Energy Commission, International Electrotechnical Commission, or any
other wind certification program recognized by the American Wind Energy
Association (AWEA) or the United States Department of Energy. The
manufacturer's specifications shall be submitted as part of the application.
(3)
All on-site utility and transmission lines as part of the wind
energy shall system shall, to the extent feasible, be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive
colors, such as white, off-white, or gray, as applied by the manufacturer
in order to reduce the visual impact to the extent feasible.
(5)
All wind turbine towers shall be painted silver or have a galvanized
finish retained in order to reduce the visual impact to the extent
feasible. Towers may be painted green or brown up the height of nearby
trees.
(6)
All wind energy systems shall be equipped with manual—electronic
or mechanical—and automatic over-speed controls to limit the
blade rotation speed to within the design limits of the wind energy
system.
(7)
Wind energy systems shall not be installed in any location where
they would interfere with existing fixed broadcast, retransmission,
or reception antennas. This includes interference with residential
radio, television, or wireless phone or other personal communication
system reception. No wind energy system shall be installed in any
location along the major axis of an existing microwave communication
link where its operation is likely to produce electromagnetic interference
in the link's operation.
(8)
All wind energy systems shall, to the extent feasible, be sited
to prevent shadow flicker on any adjacent properties as well as any
adjacent street rights-of-way.
(9)
In addition to any yard and setback requirements set forth in
this section, all wind energy systems shall comply with the yard requirements
for accessory structures in the applicable zoning district.
(10)
Wind turbines shall be set back a distance equal to the total
height of the wind turbine from all lot lines, streets and other rights-of-way,
and overhead utility lines.
(11)
The maximum height of wind energy systems shall comply with
the following:
(a)
For all roof-mounted wind turbines, the height of the wind turbine
shall not exceed the height of the building by more than 15 feet.
(b)
For lots less than 1/2 acre in area, wind turbines shall be
roof-mounted. The maximum rotor diameter for wind turbines shall be
six feet.
(c)
For lots between 1/2 acre and less than one acre, the wind turbines
may be sited on wind turbine towers, and the turbine height shall
be limited to 75 feet, or 20 feet above the tree line, whichever is
lower.
(d)
For lots greater than or equal to one acre, wind turbines may
be sited on wind turbine towers, and the turbine height shall be limited
to 120 feet, or 40 feet above the tree line, whichever is lower.
(e)
The maximum height of any wind turbine in the industrial zoning
districts, regardless of lot area, shall be 140 feet.
(12)
For all wind energy systems not otherwise mounted on a roof,
unauthorized access to the turbine and tower shall be prevented by
design, with a minimum of 12 feet from the ground to the bottom of
the ladder. All doors to the turbine and tower shall be locked.
(13)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground. If the wind turbine proposed is
a vertical axis wind turbine (also referred to as a "helix type" turbine
or VAT), the height between the lowest point of the turbine and the
ground may be reduced to eight feet.
(14)
Wind energy systems shall not be lighted, except to comply with
applicable Federal Aviation Administration (FAA) regulations.
(15)
No portion of any wind energy system shall extend over parking
compounds, access drives, driveways, or sidewalks.
(16)
Wind energy systems shall not display advertising, except for
reasonable identification of the wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
(17)
When an accessory building or structure is necessary for storage
cells or related mechanical equipment, the accessory building shall
comply with the accessory building and structure requirements specified
within the applicable zoning district.
(18)
All applications for wind energy systems shall include the information required for a plot plan approval pursuant to Article XVIII of this chapter relating to permits. In addition, the applicant shall submit:
(a)
A plot plan showing:
[1]
Lot lines and physical dimensions of all areas
of the subject property that are within a distance equal to two times
the total height of the wind energy system.
[2]
The location, dimensions, and types of existing
principal and accessory structures on the property.
[3]
The location of the proposed wind energy system
tower, foundations, guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting
the property.
[5]
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer
and model, rotor diameter, tower height, and tower type — freestanding
or guyed.
(c)
Certification from a professional engineer licensed and registered
to practice in the Commonwealth of Pennsylvania that the tower has
been designed and will be constructed in accordance with the current
industry standards and applicable requirements of the most-recent
version of the Lancaster Township Building Code, as amended. A copy
of the foundation analysis shall also be provided.
(19)
Prior to the issuance of a permit for the installation of a
wind energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
Every building hereafter erected or moved shall be on a lot
which is adjacent to a public street, or on a lot which has access
to a public street by an improved private street which has a cartway
width of at least 24 feet, or said building shall be located within
100 feet of a public street. All buildings shall be located so as
to provide safe and convenient access for servicing, fire protection
and required parking.
A site with a communications antenna that is attached to an
existing communications tower, smokestack, water tower, farm silo,
or other tall structure is permitted in all zoning districts, provided
that:
A.
The height of the antenna shall not exceed the height of the existing
structure by more than 10 feet.
B.
All other uses associated with the communications antenna, such as
a business office, maintenance depot, or vehicle storage, shall not
be located on the site unless the use is otherwise permitted in the
zoning district in which the site is located.
A.
The applicant shall demonstrate through technological evidence and
data that the proposed location is necessary in order to satisfy its
function in the company's grid system.
B.
The applicant shall demonstrate that the tower is the minimum height
required to function satisfactorily. If the applicant proposes to
erect a new tower, the applicant shall demonstrate that the owners
of other tall structures within a one-half-mile radius of the proposed
site have been contacted, and the applicant has requested permission
to install the antenna on those structures. The applicant shall demonstrate
that it is not feasible to erect the antenna on these existing structures.
The applicant shall make a good-faith effort to install the antenna
on an existing structure, including but not limited to smokestacks,
water towers, tall buildings, antenna support structures of other
communications companies and similar structures.
C.
The applicant shall demonstrate that the antenna is the minimum height
required to function satisfactorily. No antenna that is taller than
this minimum height shall be approved. This requirement shall not
be applicable to antennas located upon an existing structure where
the total height of the structure and the antenna does not exceed
150 feet.
D.
The setback between the base of the support structure and the lot
line shall be 30% of the height of the tower in addition to the normal
minimum yard and setback requirements of the Industrial District (I).
E.
The applicant shall demonstrate that the proposed tower support structure
is safe and that the surrounding area will not be negatively affected
by support structure failure, falling ice or other debris, electromagnetic
fields, or radio or satellite frequency interference.
F.
A fence shall be required around the communications tower and other
equipment. The fence shall be eight feet in height. Any wire on top
of the fence shall not be included in the measurement of the height
of the fence.
G.
In addition to the required landscaping and screening around the support structure, fence surrounding the support structures, and any other related ground-level improvements as specified in Article XIV of this chapter relating to landscaping and screening regulations, shall be provided, except that the minimum height at maturity shall be 20 feet.
H.
All other uses associated with the communications tower, such as
a business office, maintenance depot, or vehicle storage, shall not
be located on the site unless the use is otherwise permitted in the
Industrial District (I).
I.
In order to reduce the number of towers needed in the Township in
the future, any proposed support structure shall be designed to accommodate
other users, including but not limited to police, fire and emergency
services.
J.
If the use of the communications tower or communications antenna
requires licensing by any state or federal agency, including but not
limited to the Federal Communications Commission, the applicant shall
present evidence that it has obtained such license.
K.
Towers shall be painted with silver or have a galvanized finish retained
in order to reduce visual impact. Support structures may be painted
green up to the height of nearby trees to lessen visual impact. All
support structures shall meet all applicable Federal Aviation Administration
regulations. No antenna support structure may be artificially lighted
except when required by the Federal Aviation Administration or by
state regulations.
L.
The applicant shall submit a plan for the removal of the facility
when it becomes functionally obsolete or is no longer in use. The
applicant shall be responsible for the removal of the facility within
three months from the date the applicant ceases use of the facility
or the facility becomes obsolete.
M.
All towers or antennas in excess of 35 feet in height shall be located
at least 1/2 mile from any other tower or antenna in excess of 35
feet in height.
N.
A full site plan prepared by either a licensed professional surveyor
registered by the Commonwealth of Pennsylvania or a licensed professional
engineer registered by the Commonwealth of Pennsylvania, with elevations
prepared by a professional engineer, shall be required for all sites
showing a communications tower, communications antenna, buildings,
fences, buffering, access, and any accessory structure. Any communications
tower that is not fully automated and requires employee staffing and
a primary building will require a land development plan.
O.
Access to the communications tower shall be by a sixteen-foot-wide,
mud-free, and permanently passable lane, within a twenty-foot-wide
right-of-way.
In any residential zoning district, the conversion of a building
which existed prior to July 17, 1972, into a multifamily dwelling
is permitted, subject to the following conditions and approval by
the Zoning Hearing Board:
A.
Definition. For the purpose of this section, the word "driveway"
shall mean any entrance or exit used by vehicular traffic to or from
properties containing a single-family dwelling abutting a public street.
B.
Number of driveways per lot. Single-family dwellings shall not have
more than one driveway entering or exiting on the same street. However,
if, in the opinion of the Board of Supervisors, lot area and configuration
would permit, loop driveways having two access points to a public
street may be permitted.
C.
Location.
(1)
On corner lots, no driveway access may be located within 50
feet of the point of tangency of the existing or proposed curb radius
of the site. However, if this provision is shown by the applicant
to be a hardship, the Township may allow a reduction of this requirement.
Access shall be to the street of lesser classification when two street
classifications are involved.
(2)
Driveways serving residential lots shall be located at least
five feet from a side lot line. Where a proposed driveway is to serve
two or more adjacent lots, the Township may permit a driveway to be
located on or within five feet of the side lot line between the lots,
measured from the outside edge of the driveway.
(3)
When two or more driveways are located on a site, a separation
of 50 feet, measured along the public street right-of-way from driveway
center line to driveway center line, is required.
D.
Design.
(1)
In general, driveways used for two-way operation shall intersect
public streets at 90° as site conditions permit; however, in no
case shall driveways intersect public streets at less than 70°.
Driveways used for one-way operation, right turn only, shall not intersect
public streets at any angle less than 45°. Said angle shall be
measured from the center line of the street to the center line of
the driveway.
(2)
Driveway dimensions and construction shall be designed to adequately
accommodate the type and volume of vehicles expected to use the site
on a daily basis.
(3)
Vertical alignment of driveways serving residential lots shall
not exceed a maximum of 8% for the first 10 feet, measured from the
right-of-way line.
(4)
Residential driveways on the turnaround of a cul-de-sac street
may be exempted from the above requirements at the discretion of the
Zoning Officer.
E.
Access and traffic control. Access to and from the site shall be
designed in a manner conducive to safe ingress and egress. The developer
shall be responsible for the construction of any necessary traffic
control devices or additional lanes required by PennDOT or the Township.
All entrances and exits shall conform to the applicable driveway regulations
of this chapter.
F.
Permit required. Notwithstanding any other provisions set forth in § 280-1606 of this chapter, no person, individual, firm or corporation shall construct, reconstruct, alter or enlarge an existing or proposed driveway onto any public street without first having obtained a zoning permit as required by Article XVIII of this chapter relating to administration and enforcement. Nothing in this section shall prohibit a person, firm or corporation, however, from combining his or its application for a driveway zoning permit with an application for a building permit, provided that all of the information required by this section is contained on the application.
G.
Plan submittal and permit application.
(1)
For all proposed driveways, the developer shall submit to the
Zoning Office a permit application, which is obtainable at the Township
office. The Zoning Officer may also require that a plan of the proposed
driveway be submitted.
(2)
When a plan is required, the Zoning Officer shall review the
plan for conformance with the requirements of this chapter and shall:
H.
Fees. Permit application fees shall be as adopted by resolution of
the Board of Supervisors from time to time.
A.
Fences along side or rear lot lines are not subject to yard or setback
requirements. All fences shall be located completely within lot boundaries,
and no fence may coincide with any lot line. However a small setback
is recommended to provide an area within which future maintenance
may be performed. Otherwise, fences along street right-of-way lines
shall be set back two feet from the street right-of-way lines.
B.
No fence shall be erected in a street right-of-way or other rights-of-way
or easements, including public or private drainage, utility or access
easements, unless otherwise required by this chapter, or the most-recent
version of the Lancaster Township Subdivision, Land Development and
Stormwater Management Ordinance, as amended, or any other Township
ordinance.
D.
E.
Except as otherwise required within this chapter, fences within the
commercial, industrial, and other zoning districts shall not exceed
12 feet in height.
F.
Any fence exceeding six feet in height shall comply with the most-recent
version of the Lancaster Township Building Code, as amended.
G.
Unless required for security purposes, no fence shall be constructed
of barbed wire, razor, or other sharp components capable of causing
injury, and only then if the portion of the fence containing barbed
wire, razor, or other sharp components capable of causing injury is
not lower than six feet above the average surrounding ground level.
Flag lots may be permitted in residential zoning districts as
a special exception, when in compliance with the following requirements.
A.
A flag lot shall be described as containing two parts:
(1)
The "flag" shall include that portion of the lot that is the
location of the principal and accessory uses.
(2)
The "pole" shall be considered that portion of the lot that
is used for vehicular access between the "flag" portion of the lot
and its adjoining public street right-of-way or an approved private
street right-of-way. The "pole" shall be a fee-simple part of the
flag lot and shall not be a separate parcel or easement.
B.
Requirements for the "flag."
(1)
The minimum lot area, minimum lot width, and maximum lot coverage
requirements, and all other applicable standards of the applicable
zoning district and design requirements shall be complied with and
measured exclusively upon the "flag" portion of the lot. The minimum
yards of the applicable zoning district shall be increased by 25%
on the "flag" portion of the lot.
(2)
For purposes of determining yards, the following shall apply:
(a)
Front yard: the area between the principal structure and that
lot line of the "flag" which is most parallel to the street right-of-way
providing vehicular access to the site. Additionally, all areas of
the "pole" shall be considered to be within the front yard.
(b)
Rear yard: the area between the principal structure and that lot line of the "flag" that is directly opposite the front yard, as described in § 280-1608B(2)(a) above.
(c)
Side yards: the area between the principal structure and that
one outermost lot line which forms the "flag" and "pole," plus the
area on the opposite side of the principal structure.
C.
The flag lot shall contain adequate driveway dimensions for vehicular
backup so that ingress to and egress from the lot is in the forward
direction.
D.
Requirements for the "pole" portion of the lot.
(1)
The "pole" shall have a minimum width of 24 feet at the street
right-of-way line and continuously maintain said minimum width between
the street right-of-way line and the "flag" portion of the lot.
(2)
The "pole" shall not exceed 500 feet in length, unless additional
length is needed to avoid the disturbance of productive farmlands,
prime agricultural soils, or some other significant natural or cultural
feature.
(3)
No part of the "pole" shall be used for any portion of an on-lot
sewage disposal system, nor any other improvement, except a driveway
and other permitted improvements, including landscaping, fencing,
utility connections to off-site facilities, mailboxes, and signs.
(4)
The driveway contained on the "pole" shall be located at least
six feet from any adjoining lot line and 20 feet from any existing
structures on the site or any adjoining lot.
E.
No more than one "tier" of flag lot shall be permitted. A "tier"
shall be defined as a single row of lots behind "conventional" lots
that have the required frontage at the street right-of-way and lot
width at the minimum front building setback line.
F.
Joint-use or shared driveways.
(1)
When one or more flag lots are proposed, such lots may rely upon a joint-use or shared driveway for vehicular access in accordance with § 280-1606 of this chapter.
(2)
A joint-use or shared driveway must serve at least one flag
lot but may also serve conventional lots, up to a maximum of four
total dwelling units.
G.
Flag lots shall conform with the standards set forth in the most-recent
version of the Lancaster Township Subdivision, Land Development and
Stormwater Management Ordinance, as amended.
Garage, yard, and similar types of residential sales shall be
permitted in all zoning districts, subject to the following conditions:
A.
The period of the sale shall not exceed a total of four days during
two consecutive weeks.
B.
The sale shall not begin earlier than 8:00 a.m. and shall end by
6:00 p.m., prevailing time, on each day of the sale.
C.
Only goods and property of the person or persons holding the sale
shall be sold, and such goods and property shall not have been purchased
or otherwise obtained for the purpose of resale.
D.
No person or persons shall hold more than two sales per calendar
year.
All buildings and structures shall be required to conform to
the maximum height regulations specified within the pertinent zoning
district, except roof structures for the housing of elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building, skylights, towers, flagpoles, chimneys, smokestacks,
antennas, utility poles, farm silos, spires on places of worship,
or similar structures. However, no penthouse, roof structure or any
space above the height limit shall be allowed for the purpose of providing
additional floor space for any use.
A.
No lot, even though it may consist of one or more adjacent lots of
record, shall be reduced in area so that yards, lot area per dwelling
unit, lot width or other requirements of this chapter are not maintained.
This shall not apply when a portion of a lot is acquired for a public
purpose.
B.
Any two adjacent undersized lots under common ownership as of the
effective date of this chapter shall be considered as one lot for
the purposes of establishing compliance with the requirements of this
chapter.
The following requirements for the submission and approval of an operations management plan apply to all nonresidential uses. In addition to the information required to be submitted as part of the zoning permit application as set forth in Article XVIII of this chapter relating to administration and enforcement, applications for nonresidential uses shall include an operations management plan submitted to and approved by the Township. Operations management plans shall include the following information:
A.
The address of the premises of the proposed business/operation, including
its tax parcel number.
B.
The name and type of the proposed business/operation.
C.
The name of the owner, on-site manager, and/or other authorized agent
of the proposed business/operation and the lot.
D.
The gross floor area of the building devoted to the proposed business/operation
and the gross area of the lot devoted to the proposed business/operation.
E.
A detailed description of the proposed business/operation and adverting
associated with the proposed business/operation.
F.
A general description of the land uses adjacent to the property and
on the same block.
G.
The intended market/service area of the proposed business/operation.
H.
The maximum permitted occupancy.
I.
The estimated number of employees/occupants and the number of employees/occupants
on each shift.
J.
The hours and days the business/operation will be open, including
any expected special events.
K.
Vehicles and traffic associated with the proposed business/operation
(e.g., employees and customers/occupants, deliveries, loading, etc.).
L.
Collection, treatment, and disposal methods of materials generated
by the proposed business/operation.
M.
A discussion of any possible impacts and/or problems the proposed
business/operation may cause and specific measures employed to mitigate
or eliminate any negative impacts/problems. The applicant shall furnish
evidence that the impacts/problems generated by the proposed business/operation
will be within acceptable levels, as regulated by applicable laws
and ordinances, including but not limited to those listed in this
chapter.
Outdoor display of merchandise for sale, rent, or lease shall
comply with the following:
A.
Outdoor display of merchandise shall only be allowed in conjunction
with a permitted commercial building.
B.
The maximum area to be used for outdoor display shall not exceed
15% of the building area of the associated commercial structure or
structures on the lot.
C.
The display of merchandise shall not be located upon any sidewalk,
walkway, driveway, access drive, or within any street right-of-way.
The display of merchandise shall not reduce the amount of parking
below that which is required for the associated commercial uses; and
prior to the establishment of the display, a plot plan indicating
the display area, sidewalks, walkways, driveways, access drives, and
required parking compounds shall be submitted to the Zoning Officer
for review to determine compliance with this subsection. The area
to be used for outdoor display shall not be located in front of any
building.
D.
Outdoor display areas shall be completely enclosed by a six-foot-high
opaque fence.
E.
Automotive sales and gasoline and service stations shall be exempt
from these requirements.
F.
Commercial establishments may hold sidewalk sales once a year for
a period not to exceed 72 hours.
The following requirements for the preservation of greenways
apply to all areas of the Township where the conditions are applicable
and to all zoning districts:
A.
Purpose. The preservation of greenways in Lancaster Township is essential
to link the urban, suburban, and rural areas of the Greater Lancaster
Area and to preserve the Township's most valuable natural, scenic,
and recreational resources. The preservation of such resources is
a municipal zoning power authorized by Section 604 of the MPC.[1] The purpose of this section is to preserve greenways to
the greatest extent possible in order to facilitate the development
of a network of intermunicipal trails and preservation areas.
[1]
Editor's Note: See 53 P.S. § 10604.
B.
Designated greenways. The most-recent version of the LIMC Comprehensive
Plan identified greenway corridors in Lancaster Township. To implement
the recommendations of the plan, the Township hereby designates greenways
along the following bodies of water:
C.
Location of greenways. Greenways shall extend inland 100 feet from
the top of the bank of the body of water. When the top of the bank
is not clearly defined, the greenway shall extend inland 125 feet
from the center of the body of water.
D.
Uses and structures permitted in greenways. To the extent permitted
by the pertinent zoning district, the following uses and structures
shall be permitted in greenways:
(1)
Wildlife sanctuaries.
(2)
Nature preserves.
(3)
Reforestation.
(4)
Fishing areas.
(5)
Passive recreational areas.
(6)
Public recreational trails for bicycles and pedestrians.
(7)
Active recreation areas, such as ballfields, golf courses, and
playgrounds.
(8)
Stream bank stabilization.
(9)
Greenway crossings for farm vehicles and livestock.
(10)
Bridges for public roads.
(11)
Public sewer lines, submersible pump stations protruding no
more than one foot above the original grade, and accessory features,
including transformers, control panels, generators, and dusk-to-dawn
lights, that are necessary for the operation and maintenance of pump
stations and protrude to a height of no greater than four feet above
the ground and occupy a surface area no more than 50 square feet.
(12)
Public water lines and associated facilities at or below grade.
(13)
Fences for containing livestock, provided that such fences are designed to allow the reservation of adequate land for a potential linear trail as required in § 280-1614C of this chapter.
(14)
Public utility transmission lines.
E.
Uses and structures prohibited in greenways. The following uses and
structures shall be prohibited in greenways:
F.
Provisions for future trails. Any building or structure permitted
in a greenway shall be located and designed to incorporate the reservation
of adequate and appropriate area for a linear path that traverses
the property. Such areas shall be designated on all subdivision and
land development plans as a potential greenway trail and shall comply
with the following:
(1)
The minimum width of the area reserved for the trail shall be
25 feet.
(2)
The area reserved for the trail shall not contain wetlands.
(3)
The grading and slope of the area reserved for the future trail
shall be adequate to accommodate pedestrians and bicycles.
(4)
The alignment of the trail shall traverse the property approximately
parallel to the body of water adjacent to the greenway.
(5)
The alignment of the area designated for the potential trail
shall be the optimum alignment with designated or potential trails
on adjacent properties.
[Amended 10-8-2018 by Ord. No. 2018-05]
This chapter shall not apply to any existing or proposed municipal
use.
The following controls shall apply to all areas of the Township
where the conditions are applicable and to all zoning districts. It
is the purpose of these regulations to limit the amount of the removal
of natural resources, to protect the watershed areas, and to minimize
erosion of the soil. Upon the receipt of an application for a building
permit, the Zoning Officer may require that the applicant submit a
topographic survey, prepared by a licensed professional surveyor registered
by the Commonwealth of Pennsylvania or licensed professional engineer
registered by the Commonwealth of Pennsylvania, which shall show the
degree of slope. If the proposed building site is located in those
areas of the Township where the natural slope of the land exceeds
25%, the following regulations shall apply:
No building, structure, planting or other obstruction shall
be permitted on any corner lot that would obscure sight visibility
within the clear sight triangle established by measuring 100 feet
along the center lines of the intersecting streets at a height of
3 1/2 feet above the street surface.
