Township of Upper Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to provide regulations for open space and recreation uses in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A. 
Promote the use of land and waterways for open space and recreation purposes and increase opportunities for physical interconnections among outdoor recreation areas where feasible.
B. 
Encourage conservation of environmental resources and areas, including woodlands, steep slope areas, and wildlife habitat.
C. 
Maintain rural and scenic vistas, especially onto, from and around water bodies, ridges and hilltops.
D. 
Ensure that access to open space, recreation and conservation lands is not blocked by private development and is encouraged by appropriate legal mechanisms.
E. 
Relate open space, recreation and conservation areas to concentrations of residential development and to existing or potential open space on adjacent tracts.
F. 
Optimize compatibility with nearby properties by minimizing potentially detrimental impacts, including those caused by traffic, noise or lighting.
G. 
Provide locational, dimensional and developmental standards specific to the types of uses permitted.
Open space and outdoor recreation uses are permitted within the zoning districts as specified in the table in § 500-2703 herein. For open space and outdoor recreation uses, the provisions of this article shall serve in place of the mapped district's provisions. Any conflict of regulations shall be resolved by application of the open space and outdoor recreation regulations to open space and outdoor recreation uses.
All open space and outdoor recreation uses shall comply with the following dimensional standards according to their class of use:
A. 
Class One uses:
(1) 
Minimum lot size: two acres, except that smaller parcels may be permitted where they abut other parcels of open space and recreation use or will eventually become part of a greenway or other open space linkage.
(2) 
Minimum lot width at building setback line: 200 feet, except that narrower parcels may be permitted where they abut other parcels of open space and recreation use or will eventually become part of a greenway or other open space linkage.
(3) 
Minimum street frontage: 100 feet, except that narrower frontage may be permitted where the parcel abuts other parcels of open space and recreation use or will eventually become part of a greenway or other open space linkage.
(4) 
Minimum building setback from ultimate right-of-way and all other property lines: 50 feet.
(5) 
Maximum building height: 25 feet.
[Amended 4-14-2009 by Ord. No. 2009-01]
(6) 
Maximum building coverage: 5%.
(7) 
Maximum impervious coverage: 20%.
(8) 
Minimum vegetation, trees or landscaping: 80%.
(9) 
Minimum distance between buildings: 25 feet.
(10) 
Minimum parking area setbacks.
(a) 
From ultimate right-of-way.
[1] 
For parking areas with more than 50 spaces: 50 feet.
[2] 
For parking areas with less than 50 spaces: 25 feet.
(b) 
From buildings: 20 feet.
(c) 
From property lines.
[1] 
From residential lot lines: 50 feet.
[2] 
From all other lot lines: 25 feet.
B. 
Class Two uses:
(1) 
Minimum lot size: 10 acres.
(2) 
Minimum lot width at building setback line: 400 feet.
(3) 
Minimum street frontage: 100 feet.
(4) 
Minimum building setback from ultimate right-of-way and all other property lines: 100 feet.
(5) 
Maximum building height: 30 feet.
[Amended 4-14-2009 by Ord. No. 2009-01]
(6) 
Maximum building coverage: 10%.
(7) 
Maximum impervious coverage: 30%.
(8) 
Minimum vegetation, trees or landscaping: 50%.
(9) 
Minimum distance between buildings: 50 feet.
(10) 
Minimum parking area setbacks.
(a) 
From ultimate right-of-way.
[1] 
For parking areas with 25 or more spaces: 100 feet.
[2] 
For parking areas with less than 25 spaces: 50 feet.
(b) 
From buildings: 20 feet.
(c) 
From property lines.
[1] 
From residential lot lines: 100 feet.
[2] 
From all other lot lines: 50 feet.
C. 
Class Three uses:
[Added 6-9-2015 by Ord. No. 2015-06]
(1) 
Minimum lot size: 50 acres.
(2) 
Minimum lot width at building setback line: 400 feet.
(3) 
Minimum street frontage: 400 feet.
(4) 
Minimum building setback.
(a) 
From ultimate-right-of-way: 50 feet.
(b) 
From residential district lot lines: 100 feet.
(c) 
From nonresidential district lot lines: 50 feet.
(5) 
Maximum building height: 40 feet.
(6) 
Maximum building coverage: 10%.
(7) 
Maximum impervious coverage: 30%.
(8) 
Minimum vegetation, trees or landscaping: 50%.
(9) 
Minimum distance between buildings: 20 feet.
(10) 
Minimum parking area setbacks.
(a) 
From ultimate right-of-way: 25 feet.
(b) 
From buildings: 20 feet.
(c) 
From property lines.
[1] 
From residential district lot lines: 100 feet.
[2] 
From nonresidential district lot lines: 50 feet.
[Amended 2-13-2007 by Ord. No. 2007-01; 4-10-2007 by Ord. No. 2007-04; 6-10-2008 by Ord. No. 2008-04; 11-10-2009 by Ord. No. 2009-08; 6-9-2015 by Ord. No. 2015-06]
Open space and outdoor recreation uses are permitted by right or when authorized by the Board of Supervisors by conditional use. The following table lists the uses by class and specifies the districts in which these uses are permitted. By-right uses are permitted only in districts marked with the letter "R," and conditional uses are permitted only in districts marked with the letter "C."
Zoning District
R-1
R-2
R-3
VCR
CB
LIC
LI
OS
FPC
SS
RCCO
AZ
Class One
Environmental protection
R
R
R
R
R
R
R
R
R
R
R
R
Passive recreation with no vehicular access
R
R
R
R
R
R
R
R
R
R
R
R
Neighborhood parks
C
C
C
C
C
C
C
C
C
C
C
C
Community parks
C
C
C
C
C
C
C
C
C
C
C
C
Class Two
Regional parks
C
C
C
C
C
C
C
C
C
C
C
C
Golf courses
C
C
C
C
C
C
C
C
C
C
C
C
Swimming clubs
C
C
C
C
C
C
C
C
C
C
Riding academy, camps
C
C
Campgrounds
C
High-intensity recreation (mini-golf, go-carts, shooting ranges, amusement parks, etc.)
C
C
Banquet facilities accessory to a golf course
C
List of Zoning Districts
R-1
Agricultural-Low Density Residential District
R-2
Medium Density Residential District
R-3
High Density Residential District
CB
Commercial Business District
VCR
Village Commercial/Residential District
LIC (1 and 2)
Light Industrial and Limited Commercial District
LI
Light Industrial District
OS
Outdoor Storage and Intensive Commercial/Industrial District
FPC
Floodplain Conservation Overlay District
SS
Steep Slope Conservation Overlay District
RCCO
Riparian Corridor Conservation Overlay District
AZ
Airport Zoning District
Open space and outdoor recreation uses shall comply with the following standards and criteria, subject to additional conditions imposed by the Board of Supervisors.
A. 
Vehicular access:
(1) 
All Class One uses shall have primary access from a minor collector road or a road of higher classification, as defined in Chapter 425, Subdivision and Land Development.
(2) 
All Class Two uses shall have primary access from a major collector road or a road of higher classification, as defined in the Subdivision and Land Development Ordinance,[1] except that campgrounds shall have access as specified in § 500-840 herein.
[1]
Editor's Note: See Ch. 425, Subdivision and Land Development.
(3) 
Environmental protection areas, passive recreation uses, and similar low-intensity uses may take access from any class of road or from other open space areas.
(4) 
All Class Three uses shall have primary access from a minor collector road or a road with a higher classification, as defined in Chapter 425, Subdivision and Land Development.
[Added 6-9-2015 by Ord. No. 2015-06; amended 8-11-2015 by Ord. No. 2015-07]
B. 
Parking and dropoff areas:
(1) 
Parking areas shall be provided with sufficient capacity for the types of recreation facilities proposed, in compliance with Article IX, Off-Street Parking, of this chapter.
(2) 
Dropoff areas shall be provided within or adjacent to parking areas for all facilities where a significant portion of the activities involve participants under the age of 16.
C. 
Noise, odors, hazards. No use shall generate undue and/or extraneous noise, noxious odors, air pollution or glare, or result in pedestrian-vehicular conflict or other safety hazards to people or property.
D. 
Service facilities. Waste disposal and loading areas shall be screened from streets and adjacent uses to preserve the character of the surrounding area. Such activities shall be located to the rear of structures. The location and design of parking areas shall be in harmony with preserving the general appearance and character of the area.
E. 
Water supply. If expected demand for water is in excess of 500 gallons per day, the applicant shall demonstrate to the Board of Supervisors that a well on the site will not adversely affect existing water supply systems in the area.
F. 
Concession facilities. Concession facilities may be permitted as accessory to permitted uses, including refreshment stands, boat rentals, stables for boarding or renting horses, and similar activities whenever Township regulations are not preempted by another jurisdiction. Refreshment stands shall not exceed 1,000 square feet in gross floor area.
G. 
Intensity of park and recreation uses.
(1) 
Lands used for parks, recreation, historical preservation, and/or conservation of natural resources shall be limited to lower-intensity uses, including wildlife sanctuary, picnicking, bridle trails, hiking, bicycling, swimming, fishing, ice skating, boating, playgrounds, ball fields, tennis, and/or golf courses.
[Amended 4-14-2009 by Ord. No. 2009-01]
(2) 
Higher-intensity uses such as miniature golf, golf driving ranges, batting cages, amusement parks, go-cart tracks, and shooting ranges shall be limited to those districts listed in the table.
H. 
Play area, athletic field, court and swimming pool setbacks and screening.
(1) 
No outdoor play areas, athletic fields or courts shall be located closer than 100 feet from any property line or street ultimate right-of-way line, and these outdoor facilities shall be fenced and sufficiently screened to protect adjacent properties from excessive noise and other disturbances.
(2) 
Facilities for spectator sports involving public access shall be located not closer than 500 feet from any property line or street ultimate right-of-way line, and these outdoor facilities shall be fenced and sufficiently screened to protect the neighborhood from excessive noise and other disturbances.
I. 
Lighting for active outdoor recreation. Ball fields, play fields, basketball courts, and tennis courts shall be subject to the requirements of § 500-823, Lighting, herein and the following:
(1) 
When no practical alternatives are available, these light fixtures may direct light toward residential properties, provided that the peak candlepower of the luminaire shall extend no further than the sideline of the court or field opposite from the luminaire.
(2) 
Maximum permitted height of the light fixture shall be 80 feet.
(3) 
Minimum setback of light fixtures and their supporting posts shall be 50 feet or the height of the light fixture, whichever is larger.
(4) 
A landscaped screen buffer shall be installed along residential property lines located within 100 feet of the light fixtures for an active outdoor recreation use, in compliance with the landscaping regulations in Article V of Chapter 425, Subdivision and Land Development.
[Amended 4-14-2009 by Ord. No. 2009-01]
(5) 
These lights shall be controlled by a timer that turns off the lights at 10:00 p.m.
J. 
Campgrounds shall also comply with the requirements of § 500-840 contained herein. Should conflicts occur, the requirements of § 500-840 shall prevail.
[Added 11-10-2009 by Ord. No. 2009-08]
K. 
Banquet facilities accessory to a golf course.
[Added 6-9-2015 by Ord. No. 2015-06]
(1) 
Permitted only as an accessory use to a full-size golf course with a minimum of nine holes, excluding miniature golf courses and driving ranges.
(2) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection K(2), which provided that banquet facilities and ancillary uses would be served by public sewer, was repealed 8-11-2015 by Ord. No. 2015-07.
(3) 
Maximum lot area that may be used for these uses shall be 15% of the net lot area.
(4) 
Where existing structures extend into the front yard setbacks, the setbacks may be reduced to equal the front line of the existing structures at the discretion of the Board of Supervisors.
(5) 
Banquet facilities shall be limited to a total of 425 seats on the property.
(6) 
Parking shall be provided as follows:
(a) 
One space for every three seats.
(b) 
One space per employee.
(7) 
Lodging is allowed as an ancillary use to the banquet facility on a golf course with a maximum of 10 units on the property. The units shall be for the patrons of the banquet facilities and shall not be open to the general public. Occupancy shall be limited to a maximum of two guests per unit. The maximum length of stay per guest shall be seven nights within a thirty-day period.
[Amended 4-14-2009 by Ord. No. 2009-01]
Suitable vegetation, earth berms, fences and/or walls shall be installed along streets and between lots, zoning districts, and differing land uses to reduce negative impacts and enhance the natural and aesthetic character of the community, in compliance with § 425-500, Landscaping regulations, of the Township's Subdivision and Land Development Ordinance.
For uses permitted by conditional use, the applicant shall request conditional use approval to permit open space and outdoor recreation use of a property under the requirements of § 500-818, Procedure for consideration of a conditional use, and in compliance with the following requirements:
A. 
The applicant shall submit evidence that the property is located in a zoning district that permits the requested use and satisfies the minimum tract size and vehicular access standards for the proposed use.
B. 
The applicant shall submit a community impact analysis for review by the Township Planning Commission and the Board of Supervisors, comprised of the following information:
(1) 
An explanation of the proposed development's compatibility with adjacent land uses and consistency with the Comprehensive Plan.
(2) 
Identification of sensitive natural areas, including floodplains, steep slopes, woodlands, waterways, recreational areas, and conservation areas, with an explanation of how the proposed development would avoid harmful impacts on these features.
(3) 
An explanation of the potential impacts of the development on water supply, sewage disposal, solid waste disposal, storm drainage, and the provision of police and fire protection.
(4) 
A traffic impact study when required by § 500-825 herein.
(5) 
Documentation of on-site or off-site improvements proposed to alleviate any projected negative impacts of the development.
C. 
Following approval of the conditional use application, the applicant shall submit a land development plan for the open space and outdoor recreation use, in compliance with the Township's Subdivision and Land Development Ordinance.