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Dover Township Overview
Dover Township, PA Code of Ordinances
CODE OF ORDINANCES of the TOWNSHIP OF DOVER
OFFICIALS of the TOWNSHIP OF DOVER County of York, Pennsylvania
FOREWORD
ADOPTING ORDINANCE
Chapter 1 Administration and Government
Chapter 2 [Reserved]
Chapter 3 [Reserved]
Chapter 4 Buildings
Chapter 5 Code Enforcement
Chapter 6 Conduct
Chapter 7 Fire Prevention and Fire Protection
Chapter 8 Fire Insurance Escrow
Chapter 9 [Reserved]
Chapter 10 Health and Safety
Chapter 11 Housing
Chapter 12 [Reserved]
Chapter 13 Licenses, Permits and General Business Regulations
Chapter 14 Mobile Homes and Mobile Home Parks
Chapter 15 Motor Vehicles and Traffic
Chapter 16 Parks and Recreation
Chapter 17 [Reserved]
Chapter 18 [Reserved]
Chapter 19 Stormwater Management
Chapter 20 Solid Waste
Chapter 21 Streets and Sidewalks
Chapter 22 Subdivision and Land Development
Chapter 23 [Reserved]
Chapter 24 Taxation; Special
Chapter 25 [Reserved]
Chapter 26 Water, Sewer and Sewage Disposal
Chapter 27 Zoning
Appendix
Table to Disposition of All Ordinances
Table to Disposition of Significant Resolutions
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§ 27-1310.   Maximum Dwelling Units.
   The maximum number of dwelling units permitted in a planned residential development shall be calculated as follows:
      A.   Residential Districts. The maximum number of dwelling units shall be five units per acre based on total lot area.
      B.   BP and Commercial Districts. The maximum number of dwelling units shall be five units per acre based on total lot area.
(Ord. 2024-01, 5/13/2024)
§ 27-1311.   Mix of Housing Types.
   1.   A planned residential development shall have a mix of housing types, consisting of the following types, within the following proportions:
      A.   Single-family detached dwellings: a maximum of 50% of all proposed dwelling units.
      B.   Single-family semidetached dwellings: a maximum of 35% of all proposed dwelling units.
      C.   Two-family detached dwellings: a maximum of 35% of all proposed dwelling units.
      D.   Single-family attached dwellings (townhouses): a maximum of 35% of all proposed dwelling units.
      E.   Multiple-family dwellings: a maximum of 60% of all proposed dwelling units.
   2.   The remainder of the housing types shall be left to the discretion of the applicant. The requirements of this section may be waived by the Board of Supervisors upon the applicant successfully demonstrating that the required housing type(s) are not then presently marketable. Upon granting a waiver, the required percentage of the remaining housing types shall be increased proportionately.
   3.   Buildings containing dwelling units shall be designed to vary in appearance. Building designs shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, front entrance and porch locations. Colors, materials and architectural details should be limited in number, compatible, and used through the neighborhood; however, a monotonous pattern should be avoided.
   4.   The PRD shall have a minimum of three housing types.
(Ord. 2024-01, 5/13/2024)
§ 27-1312.   Additional Standards.
   1.   Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring residential uses and zoning districts.
   2.   No structures or building shall be within 20 feet of the right-of-way or access roads.
   3.   No structures or building shall be less than 50 feet from the property lines of the development.
   4.   A planting strip of at least 20 feet shall be provided along all property lines at the periphery of the development.
   5.   To the extent feasible, the minimum yard setbacks shall apply for the underlying zoning district. Minimum yard setbacks for the BP and C districts shall follow the minimum yard setbacks for the R-4 district. The Board of Supervisors may modify the minimum yard setbacks if the applicant can demonstrate to the Board of Supervisors that a modification of the minimum yard setbacks is necessary to accommodate the mix of housing types and that the modification requested will not adversely impact the overall design and layout of the planned residential development.
   6.   Building height. The maximum shall be in accordance with the regulations specified in the underlying zoning district.
   7.   Buffers and screening. Buffers and screening shall be provided in accordance with the requirements contained in the Township's Subdivision and Land Development Ordinance or Zoning Ordinance, as applicable.
   8.   Outdoor lighting. Outdoor lighting shall meet the requirements contained in the Township's Subdivision and Land Development Ordinance or Zoning Ordinance, as applicable.
   9.   Minimum lot size. The minimum lot size for residential uses shall meet the minimum lot requirements for the R-3 District, and commercial uses shall meet the minimum lot size requirements for the Commercial District.
   10.   In order to ensure that a PRD with a mixture of residential and commercial uses is built out with a balance between residential and commercial uses, the applicant shall be required to construct at least 25% of commercial uses after 50% of residential dwelling units are constructed.
(Ord. 2024-01, 5/13/2024)
§ 27-1313.   Parking.
   1.   Parking requirements shall be in accordance with either the Township's Subdivision and land Development Ordinance or Part 7 of the Zoning Ordinance, as applicable. A minimum of two off-street parking spaces per dwelling unit is required.
   2.   The required off-street parking spaces for guests shall be situated within 200 feet of the dwelling units to be serviced. The minimum guest parking shall be calculated at one and one-half spaces per dwelling unit.
(Ord. 2024-01, 5/13/2024)
§ 27-1314.   Sidewalks, Streets and Access Drives.
   1.   A pedestrian system shall be provided interconnecting all residential areas and individual dwelling units with other dwelling units, nonresidential uses and common open spaces, as well as connecting to adjoining developments and public and semipublic uses. Sidewalks shall be of barrier-free design to the greatest extent possible and shall meet the requirements of the Americans With Disabilities Act. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where appropriate.
   2.   Nonmotorized paths shall be provided where possible, linking internal open space areas with perimeter open space areas and open space areas on adjacent tracts. Nonmotorized paths shall be a minimum of ten-feet-wide and may use asphalt paving. Nonmotorized paths shall be designed for shared use by both bicyclists and pedestrians and shall be set back from curbs a minimum of five feet.
   3.   Streets, driveways, service or access drives, sidewalks and walkways shall be designed and installed in the manner prescribed by the Township's Subdivision and Land Development Ordinance or Zoning Ordinance as applicable.
(Ord. 2024-01, 5/13/2024)
§ 27-1315.   Open Space.
   The open space shall be located so as to be consistent with the objectives and purposes of a planned residential development and shall adhere to the following requirements:
      1.   A minimum of 30% of the lot area of the planned residential development shall be devoted to common open space. Stormwater facilities shall be excluded from the calculation for open space unless the stormwater facilities are included in the landscaping plan.
      2.   There shall be provisions which ensure that the open space land shall continue as such and be properly maintained. The developer shall either:
         A.   Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;
         B.   Retain ownership and responsibility for maintenance of such open space land; or
         C.   Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
         D.   The organizational documents for such organization shall be reviewed and approved by the Township Solicitor and shall, at a minimum provide for:
            (1)   Operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development;
            (2)   Mandatory membership in the organization for all owners of dwelling units;
            (3)   Maintenance of insurance and taxes on common open space;
            (4)   Maintenance and development common open space;
            (5)   Provisions for governance of the organization;
            (6)   Provisions for remedies for failure to maintain common open space.
      3.   Common open space shall be provided in the form of internal open space, greenways, and perimeter buffers. Internal open space shall be designed to provide a variety of outdoor experiences and amenities, such as pocket parks, plazas, greens/squares, mini park/play areas, or neighborhood parks. There shall be at least one internal open space type located within 1,500 feet of 90% of all dwellings within a new neighborhood, determined by a 1500-foot-radius from the outermost boundary of such open space.
      4.   Internal open spaces shall contain a minimum area of 500 square feet and shall be shaped in a rectangular or square shape. Internal open space shall be spatially enclosed on at least two sides by the buildings that front on the area or front upon the streets bounding the area. The internal open space shall be landscaped such that a minimum of 75% of the area is covered with trees, shrubs, lawn and/or ground cover, where a majority of all vegetation is native species. A minimum of 50% of internal open spaces shall be designed as active gathering places for strolling, sitting, social interaction and informal recreation.
      5.   Each development shall be designed to have one primary internal space, which shall be considered as part of the 30% common open space requirement and shall be referred to as the "community green." The community green shall have a minimum area of 10,000 square feet, and the size, shape and design of the community green shall provide adequate space for concerts, outdoor exhibits and community gatherings, based on the number of residents expected in the development. Public rest rooms shall be considered in each community green. The community green should be surrounded by development which may include residential, commercial and other public or civic uses. If the development includes a Main Street commercial area, the community green shall either front or terminate the Main Street or incorporated into a combined community focus for the development.
(Ord. 2024-01, 5/13/2024)
§ 27-1316.   Enforcement and Modification of the Plan.
   To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise shall be subject to the following provisions:
      1.   The provisions of the development plan relating to:
         A.   The use, bulk and location of buildings and structures;
         B.   The quantity and location of common open space, except as otherwise provided in this Part; and
         C.   The intensity of use or the density of residential units; shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.
      2.   All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
      3.   All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed, or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
         A.   No such modification, removal or release of the provisions of the development plan by the municipality shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.
         B.   No modification, removal or release of the provisions of the development plan by the municipality shall be permitted except upon a finding by the Board of Supervisors following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this Part, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
         C.   Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.
(Ord. 2024-01, 5/13/2024)
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