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1. Purpose. This district recognizes the Village of Mount Royal as a unique place in the development of the Township. The center of the Village is recognized as the crossroads of Old Carlisle Road and Conewago Road. The regulations are set forth to preserve the existing community character of the Mount Royal area. This character includes a mixture of single-family residential uses, neighborhood commercial uses and public and open areas.
A. The purpose of this district shall be consistent with the Rural Village land use classification descriptions contained in the Future Land Use Plan of the Dover Borough/Dover Township Joint Comprehensive Plan Growth Management Plan, 2007.
2. Bulk and Area Regulations.
A. Residential Uses.
(1) The following lot area and width standards shall apply to residential uses based on the type of dwelling unit and presence of public water or sewer.
Unit Type | With Public Water and Sewer | With Public Water or Public Sewer | Without Public Water and Sewer |
Minimum lot area (square feet): | |||
Single-family detached dwelling | 9,000 | 43,560 | 65,340 |
Single-family semi-detached dwelling | 4,500 | 43,560 | 65,340 |
Minimum lot frontage and width (feet) | |||
Single-family detached dwelling | 80 | 100 | 125 |
Single-family semi-detached dwelling | 40 | 100 | 125 |
(2) Minimum lot depth: 100 feet.
(3) Minimum setback:
(a) Front setback: 35 feet.
(b) Side setback: ten feet.
(c) Rear setback: 30 feet.
(4) Special setback requirements: No area for storing or processing manure, or composting shall be allowed within 300 feet of a residential or district or residential property line.
(5) Maximum height: two and one-half stories but not to exceed 35 feet.
(6) Maximum lot coverage: 35%.
B. Nonresidential Uses.
(1) The following lot area and width standards shall apply to nonresidential uses:
With Public Water and Sewer | With Public Water or Sewer | Without Public Water and Sewer | |
Minimum lot area (square feet) | 32,670 | 43,560 | 65,340 |
Minimum lot frontage and width (ft) | 100 | 100 | 125 |
(2) Minimum lot depth 100 feet.
(3) Minimum setback:
(a) Front setback: 35 feet.
(b) Side setback: ten feet.
(c) Rear setback: 30 feet.
(4) Maximum height: not to exceed 45 feet.
(5) Maximum lot coverage: 60%.
3. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
4. Signs. Signs shall be provided in accordance with Part 8.
5. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.
6. Access. All uses shall have primary access from an arterial and/or collector roadway.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of this district is to permit and provide standards for low density residential development, to encourage the preservation of open spaces and conserve natural resources, and to exclude uses incompatible with residential communities. Public water and sewer should be provided for uses inside the Growth Boundary Area as determined by the Dover Borough/Dover Township Joint Comprehensive Plan.
2. Prohibited Uses.
A. Keeping or Raising of Livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this chapter.
3. Bulk and Area Requirements.
A. Minimum lot area:
(1) Growth Boundary Area - one-half acre.
(2) Outside Growth Boundary Area - one and one-half acres.
B. Minimum lot frontage and width:
(1) 100 feet with public water and public sewer.
(2) 125 feet with public water or public sewer.
(3) 125 feet with neither public water nor public sewer.
C. Minimum lot depth: 100 feet.
D. Minimum setback:
(1) Front setback: 35 feet.
(2) Side setback: 10 feet.
(3) Rear setback: 30 feet.
E. Maximum height: 45 feet.
F. Maximum lot coverage: 35%.
G. Maximum Density:
(1) Growth Boundary Area - one unit/one-half acre.
(2) Outside Growth Boundary Area - one unit/one and one- half acres.
H. Conservation-Based Design. All residential developments 15 acres or more shall follow Conservation-Based Design requirements set forth in § 27-622. Residential development shall be designed to preserve natural landscapes including wetlands and aquifer recharge zones, woodlands, steep slopes, floodplains, greenways, unique natural, cultural, and or historic areas and similar environmentally sensitive areas consistent with the Dover Borough/Dover Township Joint Comprehensive Plan. Conservation-Based Design shall also follow regulations in Chapter 22 - Dover Township Subdivision and Land Development Ordinance.
4. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
5. Signs. Signs shall be provided in accordance with Part 8.
6. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of this district is to provide reasonable standards for the orderly expansion of medium density, urban residential development in areas of the Township with similar existing uses, to encourage preservation of open spaces and the conservation of natural and groundwater resources, and to exclude uses incompatible with residential neighborhoods. Public water and sewer shall be utilized in this district.
2. Prohibited Uses.
A. Keeping or Raising of Livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this ordinance.
3. Bulk and Area Regulations.
A. Residential Uses.
(1) The following lot area, width, depth, and setback standards shall apply to residential uses based on the type of dwelling unit:
Dwelling Type | Minimum Lot Area (sq. ft.) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Minimum Setback (feet) | ||
Front | Side | Rear | ||||
Single-family detached | 9,000 | 80 | 100 | 35 | 10 | 30 |
Single-family semi-detached | 5,000 | 40 | 100 | 35 | 10 | 30 |
Single-family attached | 3000 | 24 | ||||
Two-family | 9,000 | 80 | 100 | 35 | 10 | 30 |
Multi-family development* | 43,560 | 150 | 150 | 50 | 25 | 50 |
*Standards refer to the development and not individual units. For standards specific to each unit and other design criteria, see subsection 4.A(5)
(2) Maximum height: Two and one-half stories but not to exceed 35 feet.
(3) Maximum lot coverage: 50%.
(4) Maximum density: Five dwelling units/acre.
(5) Special standards for multi-unit buildings:
(a) Single-family attached (townhouse).
1) Minimum lot area per dwelling unit: 3,000 sq. ft.
2) Minimum width per dwelling unit: 24 feet.
3) Maximum length of grouping: Six units with overall length of 144 feet.
4) Setback requirements: No more than two contiguous units may have the same front yard setback. The minimum difference of staggered setbacks shall be two feet.
5) Maximum lot coverage - 60%.
(b) Multi-family.
1) Permitted density: Five units per acre.
2) Maximum length of building: 200 feet.
(c) Separation between buildings. These regulations apply when more than one building occupies a common lot.
1) Front-to-front, rear-to-rear parallel buildings shall have 40 feet between faces of the building for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as ten feet at one end if increased by similar or greater distance at the other end.
2) A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
3) A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
(6) Buffer yards: In accordance with §27-502.A.(6).
B. Nonresidential Uses. The following design standards shall apply to nonresidential uses.
(1) Minimum lot area: Two acres.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum setback:
(a) Front setback: 35 feet.
(b) Side setback: 30 feet.
(c) Rear setback: 30 feet.
(5) Maximum height: 45 feet.
(6) Maximum lot coverage: 35%.
4. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
5. Signs. Signs shall be provided in accordance with Part 8.
6. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.
7. Conservation-Based Design. Standards in § 27-622 shall apply.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of this District is to provide reasonable standards for the orderly expansion of high density, urban residential development in areas of the Township with similar existing uses, to encourage the preservation of open spaces and the conservation of natural and groundwater resources, and to exclude uses incompatible with residential neighborhoods. Public water and sewer shall be utilized in this district.
2. Prohibited Uses.
A. Keeping or raising of livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this chapter.
3. Bulk and Area Regulations.
A. Residential uses.
(1) The following lot area, width, depth, and setback standards shall apply to residential uses based on the type of dwelling unit:
Dwelling Type | Minimum Lot Area (sq. ft.) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Minimum Setback (feet) | ||
Front | Side | Rear | ||||
Dwelling Type | Minimum Lot Area (sq. ft.) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Minimum Setback (feet) | ||
Front | Side | Rear | ||||
Single-family detached | 7,500 | 60 | 100 | 35 | 10 | 30 |
Single-family semi-detached | 3,000 | 20 | 100 | 35 | 10 | 30 |
Two-family | 7,500 | 60 | 100 | 35 | 10 | 30 |
Single-family attached development* | 43,560 | 150 | 150 | 35 | 20 | 30 |
Multi-family development* | 46,560 | 150 | 150 | 50 | 25 | 50 |
Mobile home park | N/A | 150 | 150 | 50 | 25 | 50 |
*Standards refer to the development and not individual units. For standards specific to each unit and other design criteria, see §27-408.4.A.(5).
(2) Maximum height: Two and one-half stories but not to exceed 35 feet.
(3) Maximum lot coverage:
(a) Single-family detached, single-family semi-detached, two-family: 35%.
(b) Single-family attached and multi-family: 60%.
(4) Maximum density: Eight dwelling units per acre.
(5) Special standards for multiunit buildings:
(a) Single-family attached (townhouse).
1) Minimum lot area per dwelling unit: 2,000 sq. ft.
2) Minimum width per dwelling unit: 20 feet.
3) Maximum length of grouping: Six units with overall length of 120 feet.
4) Setback requirements: No more than two contiguous units may have the same front yard setback. The minimum difference of staggered setbacks shall be two feet.
(b) Multi-family.
1) Maximum length of building: 200 feet.
(c) Separation between buildings. These regulations apply when more than one building occupies a common lot.
1) Front-to-front, rear to-rear parallel buildings shall have 40 feet between-faces of the building for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as ten feet at one end if increased by similar or greater distance at the other end.
2) A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
3) A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
(6) Buffer yards: In accordance with §27-502. A.(6).
B. Nonresidential Uses. The following design standards shall apply to nonresidential uses.
(1) Minimum lot area: two acres.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum setback:
(a) Front setback: 35 feet.
(b) Side setback: 30 feet.
(c) Rear setback: 30 feet.
(5) Maximum height: 45 feet.
(6) Maximum lot coverage: 35%.
6. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
7. Signs. Signs shall be provided in accordance with Part 8.
8. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.
9. Conservation-Based Design. Standards in § 27-622 shall apply.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of this district is to provide reasonable standards for the development of commercial uses which serve the day-to-day shopping needs of the residents as well as those establishments which cater primarily to the motoring public. The standards of this district are designed to separate access roads from major thoroughfares, to minimize traffic congestion and to provide buffer yards and screen plantings where such adjoin residential areas.
2. Prohibited Uses.
A. Keeping or Raising of Livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this chapter.
3. Bulk and Area Regulations.
A. Minimum lot area: As follows unless otherwise stipulated in Part 6, "Specific Standards for Uses."
(1) 10,000 square feet with public water and public sewer.
(2) 43,560 square feet with public water or public sewer.
(3) 65,340 square feet with neither public water nor public sewer.
B. Minimum lot frontage and width:
(1) 75 feet with public water and sewer.
(2) 125 feet with public water or public sewer.
(3) 125 feet with neither public water nor public sewer.
C. Minimum setbacks:
(1) Front setback: 35 feet.
(2) Side setback: ten feet.
(3) Rear setback: 30 feet.
D. Buffer yard: In accordance with § 27-503.2.A.(6).
E. Maximum lot coverage: 75%.
F. Maximum building height: 45 feet.
4. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
5. Signs. Signs shall be provided in accordance with Part 8.
6. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which apply to all districts.
7. Conservation-Based Design. Standards in § 27-622 shall apply.
(Ord. 2024-01, 5/13/2024)
1. Purpose.
A. The purpose of this district is to provide flexible regulations to encourage a mix of nonresidential land uses developed in an integrated manner in a campus setting. This district is designed to achieve the following Township goals:
(1) To provide ancillary uses to support corporate office development.
(2) To encourage a mix of land uses that limit off-site traffic generation.
(3) To permit a wide array of office, business and professional commercial uses including business park development consisting of buildings with multiple tenants including professional offices, high-tech light manufacturing and knowledge-based operations in campus style/oriented settings.
2. Prohibited Uses.
A. Keeping or raising of livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this chapter.
3. Bulk and Area Requirements.
A. If creating a business park:
(1) Minimum tract area: 30 acres.
(2) Minimum lot size within the tract: five acres.
(3) Minimum lot frontage and width: 200 feet.
(4) Minimum open space: 20% of lot area.
(a) The following areas may not be calculated as part of the open space: streets, parking areas.
(b) Future development or sale or lease of open space shall be prohibited.
(5) Maximum lot coverage by principal and accessory buildings: 30% of lot area.
(6) Maximum impervious surface: 50% of lot area.
(7) Maximum building height. No building shall exceed the height of 50 feet; provided, however, that this height may be increased one foot for each additional three feet that each yard and area separating buildings exceeds the minimum required.
(8) Minimum setback.
(a) Front setback: 50 feet.
(b) Side setback: 25 feet.
(c) Rear setback: 50 feet.
(9) Buffer yards.
(a) When adjacent to a residential district a buffer yard having a depth of not less than 100 feet shall be maintained along the exterior property line separating the nonresidential and residential districts. No development shall be permitted therein other than lawns and plantings, except in the interior 60 feet the area may be used as an off- street parking area for employees and visitors.
(b) When adjacent to a public street on which a residential district abuts on the opposite side, the dimension of the right-of-way of the public street shall not be considered to be a part of the depth of the buffer area. However, if the width of the right-of-way of such public street exceeds 60 feet in width, that portion of the right-of-way in excess of 60 feet shall be deemed to be a part of the required buffer yard.
(c) A screen in accordance with buffer planting strip 3 of the Dover Township Subdivision and Land Development Ordinances (22-1103), shall be provided for the length of all buffer yards.
(10) Separation between buildings. These regulations apply when more than one building occupies a common lot.
(a) Front-to-front, rear-to-rear or front-to-rear parallel buildings shall have 40 feet between faces of the building for one story in height. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as ten feet at one end if increased by similar or greater distance at the other end. A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end of the building may be reduced to a minimum of 20 feet.
(b) A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
(11) Street layout. All lots shall front on the interior street.
B. If not creating a business park, as follows unless otherwise stipulated in Part 6, "Specific Standards for Uses."
(1) Minimum lot size:
(a) 20,000 square feet with public water and public sewer.
(b) 43,560 square feet with public water or public sewer.
(c) 65,340 square feet with neither public water nor public sewer.
(2) Minimum lot frontage and width:
(a) 100 feet for lots up to 20,0000 square feet.
(b) 200 feet for lots up to 1 acre.
(c) 200 feet for lots in over one acre up to one and one-half acres.
(3) Minimum open space: 20% of lot area.
(a) The following areas may not be calculated as part of the open space: streets, parking areas.
(b) Future development or sale or lease of open space shall be prohibited.
(4) Maximum lot coverage by principal and accessory buildings: 30% of lot area.
(5) Maximum lot coverage: 75%.
(6) Maximum building height. No building shall exceed the height of 50 feet; provided, however, that this height may be increased one foot for each additional three feet that each yard and area separating buildings exceeds the minimum required.
(7) Minimum setback.
(a) Front setback: 50 feet.
(b) Side setback: 25 feet, except that side yard setbacks may be waived by the Planning Commission under the following circumstances:
1) Neighboring property owners execute and record in the Recorder's Office of York County a shared driveway access and maintenance agreement in a form acceptable to the township and provide copies to the Zoning Officer; or
2) Improved parking area(s) abuts improved parking areas on adjoining lot(s) and the owners of the lot(s) execute and record in the Recorder's Office of York County a shared use and maintenance agreement in a form acceptable to the Township and provide copies to the Zoning Officer.
(c) Rear setback: 50 feet.
(8) Buffer yards - in accordance with §27-503.2.A(6).
4. Minimum Off-Street Parking and Loading. Off-street parking shall be provided in accordance with Part 7.
5. Signs. Signs shall be provided in accordance with Part 8.
6. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.
7. Conservation-Based Design. All residential developments 15 acres or more shall follow Conservation-Based Design requirements set forth in § 27-622. Residential development shall be designed to preserve natural landscapes including wetlands and aquifer recharge zones, woodlands, steep slopes, floodplains, greenways, unique natural, cultural, and or historic areas and similar environmentally sensitive areas consistent with the Dover Borough/Dover Township Joint Comprehensive Plan. Conservation-Based Design shall also follow regulations in Chapter 22 - Dover Township Subdivision and Land Development Ordinance.
(Ord. 2024-01, 5/13/2024)
1. Purpose.
A. The purpose of this district is to permit and encourage industrial development that will be so located and designed as to constitute a harmonious development, contribute to the soundness of the economic base of the Township, and otherwise further the purposes of this Chapter. In promoting these and the general purposes of this Chapter, the specific intent of this district is:
(1) To encourage the development of and continued use of land for industrial purposes.
(2) To prohibit any use which would substantially interfere with the development, continuation or expansion of industrial uses in the district.
(3) To establish reasonable standards for buildings and other structures, the areas and dimensions of yards and other open spaces, and the provision of facilities and operation of industries to minimize air pollution, noise, glare heat, vibration and fire and safety standards.
2. Prohibited Uses.
A. Keeping or Raising of Livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this chapter.
3. Bulk and Area Regulations. The following shall be the standards for the Industrial District:
A. Minimum lot area: 20,000 sq. ft.
B. Minimum lot frontage and width 100 feet.
C. Minimum setbacks:
(1) Front setback: 50 feet.
(2) Side setback: 40 feet.
(3) Rear setback: 40 feet.
D. Maximum lot coverage: 75%.
E. Maximum building height: 45 feet, provided, however, that this height may be increased one foot for each additional three feet that setback exceeds the minimum required.
F. Buffer Yard: in accordance with the following chart unless otherwise specified in Part 6:
Classification of Impact | Required Buffer Yard (in feet) |
Light | 20 |
Medium | 30 |
Heavy | 50 |
G. Screening: in accordance with the following chart:
Classification of Impact | Required Planting Strip from Dover Township SALDO § 22-1103 |
Light | 2 |
Medium | 3 |
Heavy | 3 |
H. When adjacent to a public street on which a residential district abuts on the opposite side, the dimension of the right-of-way of the public street shall not be considered to be a part of the depth of the buffer area. However, if the width of the right-of-way of such public street exceeds 60 feet in width, that portion of the right-of-way in excess of 60 feet shall be deemed to be a part of the required buffer yard.
4. Minimum Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with Part 7.
5. Signs. Signs shall be provided in accordance with Part 8.
6. Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.
7. Landscaping Plan. A landscaping plan is required in accordance with the provisions in the Township Subdivision and Land Development Ordinance § 22-1100. In addition, the Township requires landscaped earthen berms between industrial and residential uses.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of this overlay is to:
A. Promote the general health, welfare, and safety of the community.
B. Minimize danger to public health by protecting water supply and natural drainage.
C. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
D. Comply with Federal and State floodplain management requirements.
E. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
2. Warning and Disclaimer of Liability.
A. The degree of flood protection sought by the provisions of these regulations are considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted, within such area will be free from flooding or flood damages.
B. This Chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that results from reliance on this Chapter, or any administrative decision lawfully made thereunder.
3. Identification of Floodplain Areas. The identified floodplain areas shall be those areas of Dover Township, which are subject to the 100-year flood, as identified in the Flood Insurance Study (FIS) dated September 25, 2009, and the accompanying maps prepared for Dover Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
4. Description of Floodplain Areas.
A. The identified floodplain area shall consist of the following specific areas:
(1) FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(2) FF (Flood-Fringe Area). The remaining portions of the 100-year floodplain in those areas identified as an AE Zone where a floodway has been delineated in the Flood Insurance Study. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(3) FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no 100-year flood elevations have been provided. When available, information from other Federal, State, and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
B. The Township shall require the applicant to determine the elevation with hydrologic, and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken by professional engineers or others of demonstrated qualification who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township Engineer.
5. Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA).
6. Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Zoning Officer and any party aggrieved by this decision may appeal to the Zone Hearing Board. The burden of proof shall be on the appellant.
7. Technical Provisions; General.
A. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Applicant, and until all required permits or approvals have been first obtained from the Department of Environmental Protection and the Department of Conservation and Natural Resources or the responsible State agency. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Economic and Community Development shall be notified prior to any alteration or relocation of any watercourse. A copy of all such notifications, permit applications, recommendations and approvals shall be submitted to the Township.
B. Any new construction, development, uses or activities allowed within any identified floodplain area, shall be undertaken in strict compliance with the provisions contained in this Chapter and the Floodplain Building Regulations [Chapter 4, Part 1].
8. Existing Structures in Identified Floodplain Areas. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 4-161 shall apply.
9. Variance Procedures and Conditions. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 27-1003 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the 100-year flood elevation.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of these zones is to prevent injury and/or the loss of property and life and to avoid safety hazards by:
A. Regulating the height of buildings, structures, and natural plant growth within all AH zones which might otherwise have the potential for endangering the lives and property of the users of all public airports within Dover Township and the surrounding vicinity, and the property or occupants of land in the vicinity of the public Airports. (Such hazards might be created by an obstruction which could reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the public airports).
B. Encouraging and/or requiring the removal, alteration, or marking and lighting of obstructions, whether manmade or natural, which are potential hazards to air navigation in the vicinity of all public Airports.
C. Endeavoring to protect individuals who intend to buy or acquire interest in lands, buildings, or structures which are located within an Airport Hazard Zone.
2. Warning and Disclaimer of Liability.
A. The degree of protection from danger, loss, or injury sought by the provisions of this Chapter is considered reasonable for regulatory purposes and is based on information provided by the Pennsylvania Department of Transportation's Bureau of Aviation pursuant to Act 164, 1984 Pa. Laws 164, Chapter 59, Subchapter B, 74 Pa.C.S.A. §5915(a). This Chapter does not imply that accidents involving aircraft utilizing public Airports and hazards or obstructions in the vicinity of that airport will be or can be avoided solely by the adoption and/or enforcement of the regulations contained herein.
B. This Section shall not create liability on the part of Dover Township or any officer or employee thereof for any airport and/or airport hazard related damage, loss, or injury that results from reliance on this Section of any administrative decision lawfully made thereunder.
3. Definitions. The following definitions relate solely to the airport hazard regulations and shall not apply universally nor shall said regulations be used to interpret other sections of this Part which do not directly apply to airport hazard zoning.
Aircraft - any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air.
Airport - any area of land or water which is used, or intended to be used, for airport buildings or air navigation facilities or right-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports but excludes private airports and heliports. Public and private airports are defined separately in this subsection.
Airport elevation - the highest point of an airport's usable landing area measured in feet above sea level. (The airport elevation of the York Airport is 486 feet. The airport elevation of the Lazy B Airport is 450 feet).
Airport hazard - any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined by "airport hazard" in 74 Pa. C.S.A. §5102.
Airport hazard area - any area of land or water upon which an airport hazard might be established if not prevented as provided for in this Section and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
Approach surface - a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation 20:1. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
Conical surface - a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Department - Pennsylvania Department of Transportation.
FAA - Federal Aviation Administration of the United States Department of Transportation.
Height - for the purpose of determining the height limits in all zones set forth in this Section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal surface - a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal surface zone.
Nonconforming use - any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Section or an amendment thereto.
Obstruction - any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this Section.
Person - an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
Primary surface - a surface longitudinally centered on a runway. When a runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is 250 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
Private airport - an airport which is privately owned and which is not open or intended to be open to the public as defined in 74 Pa.C.S.A. §5102.
Public airport - an airport which is either publicly or privately owned.
Runway - a defined area of an airport prepared for landing and takeoff aircraft along its length.
Structure - an object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
Transitional surfaces - these surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Visual runway - a runway intended solely for the operation of aircraft using visual approach procedures.
4. Establishment of Airport Hazard Zones. The affected area of Dover Township related to the York Airport is the Village of Admire south to the Township line, east to Berlin Road where the Township line intersects, and west to the Robin Road/Admire Road intersection, containing ± 2,000 acres of area. The affected area of Dover Township related to the Lazy B Ranch Airport is Bull Road at the Township and eastern boundary, south to the Bull Road crossing of the Little Conewago Creek, west to the Dover Elementary School and north to Brehmer Road/Bull Road intersection, containing ± 3,000 acres of area. (refer to the Airport Hazard Overlay Maps at the end of this section).
A. Description of Zones.
(1) Basis of Zones. The various Airport Hazard Zones shall include all defined areas delineated below with limitations based on elevations, specified in this Section of the Chapter.
(a) Approach Surface Zone. Established beneath the visual approach surface. The inner edge of this zone coincided with the width of the primary surface and is 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(b) Horizontal Surface Zone. Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surface zones.
(c) Conical Surface Zone. Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward there from a horizontal distance of 4,000 feet.
(d) Transitional Surface Zone. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and approach surface, and extending to a height of 150 feet above the airport elevation.
(2) Overlay Concept.
(a) The aforementioned Airport Hazard Zones shall be overlays to the existing and underlying zones as shown on the Official Zoning Map of Dover Township, and as such, the provisions for the Airport Hazard Zones shall serve as a supplement to the underlying zone provisions.
(b) Where there exists any conflict between the provisions of any Airport Hazard Zones and those of any underlying zone the more restrictive provisions shall apply.
B. Inclusion in Zoning Map. The boundaries of the Airport Hazard Zones are established as shown on the York Airport Hazard Overlay Map and the Lazy "B" Ranch Airport Hazard Overlay Map, attached hereto.
C. Zone Boundary Changes. The delineation of any of the airport hazard areas may be revised by the Board of Supervisors only in instances where natural or manmade changes have occurred or corrections are required and detailed studies have been conducted by the Pennsylvania Department of Transportation, Bureau of Aviation, the Federal Aviation Administration or another qualified agency(s) or individual(s) approved by the Bureau and the FAA, and both the Bureau and the FAA recommend and document the advisability of such change.
D. Interpretation of Zone Boundaries. Initial interpretations of the boundaries of the Airport Hazard Zones shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the zones, the person questioning or contesting the location of the zone boundary should be given a reasonable opportunity to present his/her case to the Township Zoning Hearing Board and to submit his/her own technical evidence if he/she so desires.
E. Status of Airport. If a change in the airport is proposed, through improvements to lighting, runways, etc., that would affect airport hazard zoning (i.e., that would necessitate a modification of height and/or distance requirements), the owner and/or operator of the airport must notify the Township's Board of Supervisors in order that this Section may be amended to reflect such changes.
5. Provisions. All uses, activities, and development occurring within an Airport Hazard Zone shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances (such as the Uniform Construction Code) where applicable.
6. Use Restrictions. Notwithstanding any other provisions of this Section, no use may be made of land or water within any zone established by this Chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport
7. Nonconforming Uses.
A. Regulations Not Retroactive. The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Chapter, or otherwise interfere with the continuance of any nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Chapter and is diligently executed.
B. Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 75% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this Section.
8. Permits.
A. Except as specifically provided hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any Airport Hazard Zone hereby created unless a permit therefore shall have been applied for and granted.
(1) Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed.
(2) If such determination is in the affirmative, the permit shall be granted.
(3) No permit for a use inconsistent with provisions of this Chapter shall be granted unless a variance has been approved in accordance with § 27-410.
B. The following permit exception applies:
(1) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, not permit shall be required for any trees or structure less than seventy-five feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones.
(3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such a tree or structure, because of terrain, land contour or topographic feature, would extend above the height limit prescribed for such transition zones.
(4) Nothing contained in the foregoing exception shall construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Chapter, except that no permit is required to make maintenance repairs or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
9. Existing Uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or replanted, a permit must be secured from the Township authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this Chapter or any amendments thereto, or than it is when the application for a permit is made.
10. Variances.
A. Any person, desiring to erect any structure, increase the height of any structure, permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations, may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall be granted only after the requirements of this Section and § 27-1102 of this Chapter are satisfied.
B. The application for variance from a provision of this Section shall be accompanied by a determination from the Federal Aviation Administration (based on Form 7460-1, "Notice of Proposed Construction or Alteration," or the form acceptable to that Administration) and a determination from the Bureau of Aviation of the Pennsylvania Department of Transportation (based on Form AV-57, "Notice of Proposed Construction or Alterations" or other form acceptable to that Bureau) as to the effect of the proposal on the operation or air navigation facilities and the safe, efficient use of navigable airspace.
C. Additionally, no application for variance to the requirements of this Section may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the airport manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the airport manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny said application.
11. Hazard Marking and Lighting. In granting any permit or variance under this Section, the Zone Hearing Board shall permit or grant a variance as to require the owner of the structure or object of natural growth in question to permit the airport owner operator, at its own expense, or require the person or persons requesting the permit or variance, to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA.
12. Enforcement.
A. Local Enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances involving Airport Hazard Zones shall be made to the Zoning Officer upon a form published for that purpose.
B. Notice to Department. Notwithstanding any other provision of law, a municipality or board which decides to grant an airport hazard zoning permit or variance under this Section shall notify the Department of Transportation.
13. Acquisition of Air Rights. In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than by airport zoning regulations, Dover Township may acquire by purchase, grant or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purpose of this Section. In the case of the purchase of any property or any easement or estate, or interest therein, or the acquisition thereof by the power of eminent domain, Dover Township shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of removal and relocation of any structure or any public utility which is required to be moved to a new location.
14. Airport Surface Zone Height Limitations.
A. Approach Surface Zone. Slopes 20 feet outward for each foot upward beginning at the end of an at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
B. Transitional Surface Zone. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation.
C. Horizontal Surface Zone. Established at 150 feet above the established airport elevation or a height of 750 feet above mean sea level.
D. Conical Surface Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal surface, and at 150 feet above the established airport elevation, and extending to a height of 350 feet above the established airport elevation or at a height of 950 feet above mean sea level.
15. Maximum Allowable Height. The following figure and formulas have been prepared for determining the maximum allowable heights of objects within the airport's vicinity. The formulas are used in conjunction with the figure; where a formula is assigned a number, that formula corresponds with a point location of the same number on the figure. By using the formulas and following the steps outlined below, the maximum allowable height at a point location can be determined.
A. Locate the point (object) in question on the figure (sample point locations identified by numbers are given in various coded airport zones).
B. Apply the formula having the same number as the chosen point location to calculate the maximum allowable height for an object at that point (some formulas will have letter variables (e.g., "A") shown on the figure).
(Ord. 2024-01, 5/13/2024)
1. Purpose. The purpose of the Shallow Resource Recovery Overlay District is to provide for the reasonable development of minerals in the Township by allowing shallow resource recovery uses within the overlay district.
2. Permitted Uses. The use of open areas, non-coal surface mining in the form of shallow resource recovery operations permitting quarrying and recovery of shale and clay materials, the storage of quarry related vehicles and equipment, and the storage of raw materials related to shallow resource recovery.
3. Supplementary Regulations.
A. Section 27-627 of this Chapter shall apply to the SRR Overlay District.
B. Following the completion of shallow resource recovery in the SRR Overlay Zone, the land upon which the shallow resource recovery has been performed shall be restored to support the use in effect prior to the shallow resource recovery operations.
(Ord. 2024-01, 5/13/2024)
1. Purpose. The primary purpose of the Environmentally Sensitive Area Overlay District (ESA) is to protect resources and functional values that have been identified by the Pennsylvania Department of Conservation and Natural Resources (DCNR), and the Dover Borough/Dover Township Joint Comprehensive Plan as providing benefits to the sustainability of the natural resource communities. This section is intended to protect and rehabilitate areas within Dover Township that contain native vegetation and natural features and/or natural resources that contribute to the health, welfare, and quality of life of the people in Dover Township. The Township reserves the right and responsibility to protect and conserve environmentally sensitive areas for the following reasons:
A. Natural communities and the wildlife habitat they provide;
B. Contribution to the community's health and safety (i.e. flood control, purification of stormwater runoff, clean and healthy groundwater supplies necessary for the health, safety, and enjoyment of the Township residents and neighboring communities);
C. Recreational purposes;
D. Aesthetic and quality of life contributions;
E. Protection and conservation of natural resources within and adjacent to the natural areas for the community's long-term environmental and economic benefits;
F. Contribution to the community's historic and symbolic needs;
G. Control natural environment areas of ecological value to preserve and/or restore ecological functions to the maximum extent possible;
H. Regulate the use and subdivision of the land within as it relates to the criteria necessary to provide for the long-term sustainability of environmental features within the ESA Overlay District;
I. Promote innovative development techniques that conserve and reduce the amount of impervious coverage;
J. Aid developers in the creation of subdivision and land development plans;
K. Aid Township staff, the Planning Commission, and Township Board of Supervisors in their assessment of development plans in areas of "natural environmental significance";
L. Encourage cost effective site development through innovative development practices that efficiently use land and resources by: reducing infrastructure engineering and construction costs because of improved lot configurations, shortened and/or narrower streets, reduced utility runs, and potentially reduced public maintenance costs; and
3. Applicability. Exceptions may be granted in accordance with the exemptions set forth in § 27-627 ESA - Environmentally Sensitive Areas.
(Ord. 2024-01, 5/13/2024)
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