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1. Purpose. The purpose of the Conservation Based Design development is to permit procedure for development which will:
A. Promote more environmentally aware subdivision layout.
B. Encourage ingenuity and originality in site design.
C. Preserve environmentally sensitive areas.
2. Environmentally Sensitive Areas. All subdivision and or land development plans containing environmentally sensitive features as identified on the ESA Overlay District development in accordance with § 27-413 and § 27-627. All plans shall conform to the Environmental Overlay District regulations and map and all other applicable township regulatory ordinances.
3. Planning Standards. A Conservation Based Design subdivision must meet the following minimum requirements:
A. Permitted uses shall be in accordance with the applicable zoning district.
B. Public water and sewer shall be provided, unless the development is located outside the Designated Growth Area, in which case, on-lot disposal systems or a community-on-lot system shall be provided in compliance with Dover Township Subdivision and Land Development Ordinance Chapter 22, § 22-713 and Water, Sewer, and Sewage Disposal Chapter 26, § 26-156 and the Pennsylvania Department of Environmental Protection requirements.
4. Tract Standards.
A. Minimum tract size shall be 15 acres for this section to apply.
B. Common Open Space. The following requirements shall apply to the common open space areas:
(1) Minimum Common Open Space shall be 20% of the total tract area.
(2) The following areas may not be calculated as part of the common open space: streets, private yards, minimum required spacing between buildings, recreation land required for dedication to the Township, parking areas and buffer areas on individual residential lots.
(3) The area shall be accessible to all residents. Pedestrian ways shall interconnect residential units and common open space areas.
(4) Common open space areas shall be designed as a continuous system of usable area, which is interspersed among residential groupings.
(5) Future development or sale of common open space shall be prohibited.
(6) Maintenance of Common Space and Buffer Yards. The developer must submit a detailed statement including covenants, agreement or specific documents showing the ownership, financial responsibility, and methods of maintenance and utilization of required common open space area and buffer yards within the development. Furthermore, the Township Solicitor shall review such documents to determine whether they adequately provide for the creation of a common open space area and its maintenance. The Township shall require that such documents provide that any alteration or amendment of the provisions establishing a common open space area or its maintenance cannot be accomplished without the express consent of the Township. Such documents creating the areas and providing for their maintenance shall not be altered or amended after the Township approval has been granted without the specific consent of the Township.
5. Conservation Subdivision Design. All subdivisions meeting the minimum tract size shall follow the four-step process in accordance with the Chapter 22 Dover Township Subdivision and Land Development Ordinance.
6. Walking Paths. Walking paths, sidewalks and or trail are required in all Conservation-Based Design developments. Such paths shall connect to adjacent neighborhoods, parks, existing paths, sidewalks or established greenway systems.
(Ord. 2024-01, 5/13/2024)
1. Access shall be via an urban arterial or collector road as identified in the Dover Township Comprehensive Plan.
2. All activities shall be conducted within a wholly-enclosed building.
3. All exterior storage areas shall be screened from view on all sides.
4. All merchandise, except vending machines shall be stored within a building.
5. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
6. Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
7. Illumination shall be in accordance with § 27-509.
(Ord. 2024-01, 5/13/2024)
1. Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.
2. A buffer yard 30 feet wide must be located on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall be used for building, parking, loading or storage.
3. Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.
4. No toxic or hazardous materials may be stored on any property, except in compliance with applicable State and Federal regulations.
(Ord. 2024-01, 5/13/2024)
1. Cryptocurrency mining factories shall not be adjacent to a Residential Zoning District or use (excluding roads and other ROWs) or within 75 feet from a residential property boundary or a Residential Zoning District.
2. Verification must be provided that all electronic waste generated at the cryptocurrency mining operation will be handled by an electronic waste recycling firm.
(Ord. 2024-01, 5/13/2024)
A drive-through shall be permitted as an accessory use to any new or lawfully existing commercial establishment such as a bank, restaurant, or retail establishment subject to the following applicable requirements:
A. All drive-through window lanes shall be separated from the parking lot's interior driveways and parking spaces.
B. Any exterior speaker/microphone system and/or menu board shall be arranged and/or screened to prevent objectionable noise and/or light impact on adjoining properties.
C. A 20-foot bufferyard shall be provided when the drive-through window service or menu board is directly adjacent to a residential use.
D. Sufficient stacking lanes shall be provided to prevent vehicle backups on adjoining roads or adversely impacting internal parking lot circulation.
E. Sufficient temporary parking spaces needed to accommodate the queue for the drive-through shall be added in addition to the required number of parking spaces for the principal use.
F. Multiple lanes: Where parallel lanes for additional windows or menu boards are proposed, additional stacking in the window lane shall be provided at two additional vehicles for each window/menu board. Each lane where the window/menu board is located shall meet the minimum width.
G. Minimum width: The approach, required stacking area, and drive-through lane shall be no less than 12 feet.
(Ord. 2024-01, 5/13/2024)
1. Development Procedure. The ESA Overlay District is intended to provide for greater protection of the Township's natural resources as described in § 27-413. The application procedure and applicable general standards pertaining to all development types within the ESA Overlay District, subject to any exceptions, modifications, or additions set forth in the ordinance.
2. Standards. The ESA Overlay District was created and shall be used for all development to mandate the preservation and enhancement of the natural characteristics and valuable natural resources existing on a site. The controls stated herein shall apply to all lands within the ESA Overlay District Map. Actual locations of such environmentally sensitive features shall be shown on the required subdivision and or land development plan.
A. Uses permitted in the Environmental Overlay District shall be the same as those permitted in the underlying base district. Because of the valued natural resources existing in areas within the Environmental Overlay District, any development proposed within the ESA shall be reviewed and considered consistent with the procedures for the review of a special exception use as provided in this chapter (see § 27-1007).
B. Wetlands. No building, structure, construction, excavation or land filling shall occur on any area determined to be a jurisdictional wetland without the approval and necessary wetlands permit(s), as required by the U.S. Army Corps of Engineers.
C. Steep Slopes. No building or structure (except for a required public utility and necessary public roads) shall be constructed on any areas where the slope of the land is equal to or exceeds 25%. Development may be permitted by the Township upon the review and approval of an engineering geotechnical report including:
(1) The location and description of existing natural and manmade features on and surrounding the site, including general topography and soil characteristics and a copy of the soil conservation service soil survey for the site.
(2) The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features. Site grading shall be subject to the Dover Township Subdivision and Land Development Ordinance § 22-712.
(3) The identification of measures proposed for soil erosion and sediment control, including a schedule of the sequence for the installation of planned erosion and sediment control measures, including anticipated starting and completion dates in accordance with Dover Township Subdivision and Land Development Ordinance Chapter 22, Part 10.
(4) Landscaping Plans for the proposed vegetation of all disturbed site areas.
D. Grading. Construction activity, including, but not limited to, grading, shall conform to Dover Township Subdivision and Land Development Ordinance [Chapter 22].
E. Critical wildlife habitat. No development, building, structure, construction, excavation or land filling shall occur on designated environmentally sensitive areas without review and comment being received from the PA Fish and Boat Commission, PA Game Commission and/or the United States Fish and Wildlife Service prior to consideration by the Township Board of Supervisors.
F. Existing Conditions. An applicant shall show the natural resources and environmentally sensitive areas existing on the development tract on a plan including but not limited to: wetlands, steep slopes, critical wildlife habitat areas, woodlands, streams, ponds, wellhead protection areas, and groundwater recharge areas.
G. Exemptions. The following are exempt from the provisions of this section:
(1) Previously approved projects are exempted. Any development proposal calling for the construction of a structure in land areas within the Environmental Overlay District having already received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of this section shall be exempt.
(2) Township Parks and Recreation and or Open Space Projects. Municipal buildings, facilities, lands specified for recreation, active and passive recreational parks, greenways, and or lands purchased for open space protection.
H. Supplementary Regulations. Regulations shall be required in accordance with Part 4, § 27-413 Floodplain Overlay Section.
(Ord. 2024-01, 5/13/2024)
1. All activities and services should be directed at meeting the needs of the local farming community. Uses shall not include the wholesale distribution of agricultural products and livestock sales or auctions.
2. All uses shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.
3. Minimum lot size shall be two acres.
4. All structures shall be located at least 50 feet from all property lines, unless setback further by standards the underlying zoning.
5. Maximum lot coverage shall be 20%.
6. A minimum 25-foot landscape strip shall be provided along all property lines.
7. All outside storage shall be completely enclosed by a six-foot high fence and screened from adjoining properties and roads. No outdoor storage is permitted within the required landscape strip.
8. All grain storage facilities conveying apparatuses drying chambers and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.
(Ord. 2024-01, 5/13/2024)
1. The sales/display areas shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all sales/display areas plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The sales/display areas shall include all indoor and outdoor areas as listed above.
2. Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.
3. Outdoor display/sales areas shall not include any required parking areas.
4. Outdoor sales and outdoor address systems shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m.
5. Outdoor trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be emptied so as to prevent the scattering of litter and debris.
6. All outdoor sales/display areas shall be setback a minimum of 50 feet from any residential district or use.
7. Temporary sales vendors must be located within the sales/display areas as set forth in 1. above.
8. Off-street loading shall be calculated on the interior sales/display area.
9. The applicant shall demonstrate adequacy of sewage disposal and water supply.
10. Farm/farmers markets shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.
(Ord. 2024-01, 5/13/2024)
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