LOWER WINDSOR TOWNSHIP YORK COUNTY, PENNSYLVANIA ORDINANCE NO

LOWER WINDSOR TOWNSHIP YORK COUNTY, PENNSYLVANIA ORDINANCE NO. 2004-03 AN ORDINANCE AMENDING ORDINANCE NO 2003-02, THE LOWER WINDSOR TOWNSHIP ZONING ORDINANCE, TO ADD AND REVISE CERTAIN DEFINITIONS; TO REVISE THE MINIMUM AND MAXIMUM LOT AREAS FOR RESIDENTIAL DWELLINGS IN THE VARIOUS ZONING DISTRICTS; TO REVISE THE REGULATIONS CONCERNING THE TRANSFER OF DEVELOPMENT RIGHTS; TO AMEND REGULATIONS FOR NONCONFORMING LOTS OF RECORD, STRUCTURES AND USES; TO ADD PROVISIONS FOR THE CONSERVATION OF STREAM CORRIDORS; AND TO CLARIFY PERMIT REQUIREMENTS BE IT ORDAINED AND ENACTED, and it is hereby ordained and enacted by the Board of Supervisors of Lower Windsor Township, as follows: SECTION 1: ARTICLE II of Ordinance 2003-02 is hereby amended as follows: 1. SECTION 203 is amended, changed and modified to read as follows: BASE DENSITY (See Density and Maximum Development Density) 1. In the Sending Area - Density of residential and/or non-residential development per acre of gross lot area used to calculate the number of development rights granted or allotted to a parent tract of land existing on or before the effective date of this Ordinance; or 2. In the Receiving Area - Density of residential and/or non-residential development permitted on a parcel of land without the application of transferred development rights. CERTIFICATE OF USE and/or OCCUPANCY - A certificate, issued by the Zoning Officer, which permits the use of a building in accordance with the approved plans and specifications and certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the zoning/building permit. DEVELOPMENT RIGHT The right to construct a specified amount of development according to this Ordinance. Said rights can be transferred from parcels within the Sending Area where the Township desires only limited development, so that the development potential which they represent, may

occur on other lands where more intensive development is deemed to be appropriate and desirable, specifically the Receiving Area. One (1) Development Right must be used for: 1. Each one (1) new lot created after the effective date of this Ordinance upon which: Or: a. One (1) dwelling unit may be built; or b. 5,000 square feet or portion thereof of gross floor area for new principal non-residential and/or non-agricultural structures or uses may be built. 2. Each one (1) new principal structure or use created after the effective date of this Ordinance upon and not separated from a parent parcel existing before the effective date of this Ordinance equal to: a. One (1) dwelling unit; or b. 5,000 square feet or portion thereof of gross floor area for principal non-residential and/or non-agricultural structures or uses. MAXIMUM DEVELOPMENT DENSITY The maximum density of residential and/or non-residential development permitted on a parcel of land. (See Base Density and Density) 2. SECTION 203 is amended, changed and modified to add the following definitions and to read as follows: BUFFER - A naturally vegetated or re-vegetated area established or managed to protect structures and aquatic, wetland, shoreline, and terrestrial environments. ORDINARY WATERLINE The point on the bank of a stream or watercourse where the presence and/or action of surface water is so continuous as to leave a distinctive mark by erosion, destruction of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

STREAMS - Naturally-occurring bodies of surface water, flowing in defined beds or channels shown on the Zoning Map. Flow may be either continuous, or only during wet periods.

SECTION 2: ARTICLE III of Ordinance 2003-02 is hereby amended as follows: 1. Table 306.1 is amended, changed and modified to read as follows: Table 306.1 Density Print Date (05/20/04) AG R V WR I Base Density 0.5 1.0 2.0 1.0 N/A Maximum Development Density 0.1 4.0 8.0 4.0 N/A Lot Area: Lot Area: Single-Family Detached Dwellings Public Water and Public Sewer Public Water or Public Sewer No Public Water or Sewer Lot Area: Single-Family Semi Detached & Two No Public Water or Sewer Min 43,560 sq. ft. to Max 87,120 sq. ft. Not Permitted (a) Min 10,000 to Min 5,000 to Min 5,000 to Max 15,000 sq. ft. Max 10,000 sq. ft. Max 10,000 sq. ft. Min 20,000 to Min 15,000 to Min 15,000 to Max 30,000 sq. ft. Min 37,500 to Max 40,000 sq. ft. Max 25,000 sq. ft. Min 37,500 to Max 40,000 sq. ft. Max 25,000 sq. ft. Min 37,500 to Max 40,000 sq. ft. Family Dwellings Not Permitted Not Permitted Public Water and Public Sewer Min 10,000 to Max 15,000 sq. ft./unit Min 6,000 to Max 12,000 sq. ft./unit Min 6,000 to Max 12,000 sq. ft./unit Public Water or Public Sewer Min 20,000 to Max 30,000 sq. ft./unit Min 15,000 to Max 20,000 sq. ft./unit Min 15,000 to Max 20,000 sq. ft./unit Min 37,500 to Min 37,500 to Min 37,500 to Max 40,000 sq. ft./unit Max 40,000 sq. ft./ unit Max 40,000 sq. ft./ unit Lot Area: Single-Family Attached Dwellings Not Permitted Not Permitted Public Water and Public Sewer Min. 2,000 sq. ft./unit Min. 2,000 sq. ft./unit Min. 2,000 sq. ft./unit Public Water or Public Sewer Not Permitted Not Permitted Not Permitted No Public Water or Sewer Not Permitted Not Permitted Not Permitted

AG R V WR I Lot Area: Multi-Family Dwellings Not Permitted Not Permitted Public Water and Public Sewer Min. 2,500 sq. ft./unit Min. 2,500 sq. ft./unit Min. 2,500 sq. ft./unit Public Water or Public Sewer Not Permitted Not Permitted Not Permitted No Public Water or Sewer Not Permitted Not Permitted Not Permitted Min 43,560 sq. ft. Lot Area: All Other Uses Public Water and Public Sewer Min. 20,000 sq. ft. Min. 8,000 sq. ft. Min. 8,000 sq. ft. Min. 20,000 sq. ft. Public Water or Public Sewer Min. 30,000 sq. ft. Min. 15,000 sq. ft. Min. 30,000 sq. ft. Min. 30,000 sq. ft. No Public Water or Sewer Min. 40,000 sq. ft. Min. 40,000 sq. ft. Min. 40,000 sq. ft. Min. 40,000 sq. ft. Minimum Lot Width: Minimum Lot Width: Single- Family Detached Dwellings (c) 150 Ft. Not Permitted Public Water and Public Sewer 50 ft. 40 ft. 50 ft. Public Water or Public Sewer 70 ft. 60 ft. 70 ft. No Public Water or Sewer 90 ft. 80 ft. 90 ft. Minimum Lot Width: Single- Family Semi Detached & Two Family Dwellings (c) Not Permitted Not Permitted Public Water and Public Sewer Not Permitted 50 ft. for SFSD & 30 ft./unit for 2 Family 40 ft. for SFSD & 25 ft./unit for 2 Family 50 ft. for SFSD & 25 ft./unit for 2 Family 70 ft. for SFSD & 60 ft. for SFSD & 70 ft. for SFSD & Not Permitted 60 ft./unit for 2 Family 50 ft./unit for 2 Family 50 ft./unit for 2 Family Public Water or Public Sewer No Public Water or Sewer Minimum Lot Width: Single-Family Attached Dwellings 90 ft. for SFSD & 80 ft./unit for 2 Family 80 ft. for SFSD & 75 ft./unit for 2 Family 90 ft. for SFSD & 75 ft./unit for 2 Family Public Water and Public Sewer Not Permitted 20ft./unit 20 ft./unit 20 ft./unit Public Water or Public Sewer Not Permitted Not Permitted Not Permitted Not Permitted No Public Water or Sewer Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted

Minimum Lot Width: Multi-Family Dwellings AG R V WR I Public Water and Public Sewer Not Permitted 100 ft. 100 ft. 100 ft. Public Water or Public Sewer Not Permitted Not Permitted Not Permitted Not Permitted No Public Water or Sewer Not Permitted Not Permitted Not Permitted Not Permitted Minimum Lot Width: All Other Uses 150 Ft. Not Permitted Public Water and Public Sewer 50 ft, 40 ft. 50 ft, 100 ft. Public Water or Public Sewer 70 ft. 60 ft. 70 ft. 125 ft. No Public Water or Sewer 90 ft. 80 ft. 90 ft. 150 ft. 55% for SFD, SFSD and Maximum Lot Coverage: 20% 55% 2 Family DUs and 55% 85% Minimum Setbacks - Principal Building 80% for All Other Uses Front 35 Ft. 20 Ft. See Section 309 20 Ft. 35 Ft. Side 25 Ft. 10 Ft. (b) See Section 309 10 Ft. (b) 25 Ft. Rear 25 Ft. 20 Ft. See Section 309 20 Ft. 25 Ft. Maximum Building Height: Principal Building 35 Ft. 35 Ft. See Section 309 35 Ft. 35 Ft. Accessory Building 25 Ft. 25 Ft. 25 Ft. 25 Ft. 25 Ft. Agricultural Buildings None None None None None NOTES: (a) Caretaker/Watchman Dwelling Permitted by Special Exception (b) Single-Family Semi-detached and attached dwellings shall be considered as one (1) building for this purpose (c) Lot width shall be no more than 50% of lot depth for Village District.

2. SECTION 307.d) is amended, changed and modified to read as follows: 307.d) Development Rights: For purposes of this Ordinance, a development right is defined in Section 203. 1. Granted Development Rights: On the effective date of this Ordinance, there shall be granted for each existing parcel of land within the Agricultural District in existence on that date, no more than the following number of development rights as shown in Table 307 d) 2. Permitted Development Rights: On the effective date of this Ordinance, there may be permitted upon each existing parcel of land within the Agricultural District, no more than the following number of development rights as shown in Table 307 d); 3. Table 307.d Size of Parent Parcel (a) Acreage Granted Development Rights (b) Permitted Development Rights (b) 0.00-3.99 1 1 4.00-5.99 2 1 6.00-7.99 3 1 8.00-9.99 4 1 10.00-11.99 5 2 12.00-13.99 6 2 14.00-15.99 7 2 16.00-17.99 8 2 18.00-19.99 9 2 20.00-21.99 10 3 22.00-23.99 11 3 24.00-25.99 12 3 26.00-27.99 13 3 28.00-29.99 14 3 30.00-31.99 15 4 32.00-33.99 16 4 34.00-35.99 17 4 36.00-37.99 18 4 38.00-39.99 19 4 40.00 and Greater 20 DRs plus 1 DR for each 2 acre over 40 acres 5 DRs plus 1 DR for each 10 acre increase over 50

NOTES: (a) (b) The Township shall not recognize any fractional development rights, and therefore rights shall be granted and used in whole number increments. For purposes of determining number of development rights, development rights are granted to parent parcels in accordance with this Article and Article VII, regardless of preexisting dwellings and/or principal non-agricultural structures built prior to the effective date of this Ordinance. 3. SECTION 307.e) is amended, changed and modified to read as follows: 307.e) Development Rights in AG District: Development rights are granted and permitted to be used in the Agricultural District, but shall be strictly regulated by the following provisions: 1. Subdivision: Each new lot created after the effective date of this Ordinance, separated from the original parent parcel through the use of developments rights to be used in the Agricultural District, pursuant to Section 307d) and meeting all dimensional requirements set forth in Table 306.1 of this Ordinance, for the location of one or more uses listed in Table 302.1 of this Ordinance, shall not be created and separated from the original parent parcel, unless it is determined from the subdivision plan submitted by the property owner that: a. All of the land proposed to be separated is land of low quality for agricultural use as defined in Section 203 of this Ordinance, or land possessing the lowest classification of the soils contained on the parent parcel. Where such location is not feasible, locating new lots on land containing higher quality soils may be permitted. However, in all cases such new lots shall be located on the least agriculturally productive land feasible, or so as to minimize interference with agricultural production. The applicant shall have the burden of proving that the land sought to be subdivided meets the criteria set forth in this Section. Any landowner who disagrees with the classification of their parcel or any part of it by the latest version of the Soil Survey of York County, Pennsylvania, may submit an engineering analysis of the soils on the portion of the farm which is sought to be reclassified, and if the Board of Supervisors finds the study to be correct, it shall alter the Township Soil Map to reflect the results of such analysis. b. The creation of oversized lots larger in area than the maximum permitted lot size may be permitted provided that:

1. the parent parcel, except for land approved for inclusion in the parcel s permitted development rights pursuant to Section 307d) of this Ordinance, is being divided into or among two (2) or more farms which will after transfer contain at least fifty (50) acres of agricultural land. Any new division line being created between two (2) farms shall be agriculturally reasonable and will not be so as to render the agricultural use of the lots less efficient; i.e. under normal circumstances fields and contour strips shall not be split; or 2. the physical characteristics of the land require a lot in excess of two (2) acres to provide a suitable location for the structure, the well, the on-site sewage disposal system, and the driveway. In such cases, the additional lot area shall be the minimum amount necessary to accommodate the dwelling, well, sewage disposal system, and driveway; or 3. in the case of parent parcels which existed on or before the effective date of this Ordinance comprised entirely of prime agricultural land as defined in Section 203 of this Ordinance, the creation of lots larger than the maximum lot size set forth in Table 306.1 for any use provided in Table 302.1, may be permitted if additional development rights granted to the parent parcel on the effective date of this Ordinance and permitted to be used on-site as stated in Table 307.d of this Ordinance, are used to create such a lot. One (1) additional right shall be used for each two (2) acres or part thereof by which the lot exceeds the maximum lot size of two (2) acres. 4. in the case of parent parcels which existed on or before the effective date of this Ordinance containing land identified as being of low agricultural capability defined in Section 203 of this Ordinance and/or those lands that have traditionally not been used for agricultural operations, to provide landowners an added degree of flexibility in the use of development rights on their property, the subdivision of a lot which is larger in area than the maximum permitted lot size in the Agricultural District may be permitted upon application for a Special Exception to the Zoning Hearing Board.

The Zoning Hearing Board may approve creation of a lot larger than the maximum lot size set forth in Table 306.1 for any use provided in Table 302.1, if one (1) development right granted to the parent parcel on the effective date of this Ordinance and permitted to be used as stated in Table 307.d of this Ordinance, is used to create such an oversized lot in accordance with the following standards: i. The landowner submitting a subdivision plan shall have the burden of proving that all of the land sought to be subdivided is land of low quality for agricultural use as defined in Section 203 of this Ordinance and such a lot shall be located so as to minimize interference with agricultural production. ii. The landowner or applicant submitting a subdivision plan shall be required to specify on the plan that the creation of an oversized lot will not preclude the landowner from locating all of the remaining permitted development rights, on land of low quality for agricultural use as defined in Section 203 of this Ordinance, and which. iii. iv. The Zoning Hearing Board shall consider the impact on the adjacent properties, specifically relating to adjacent agricultural operations and residential uses. The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that permitting an oversized lot will not adversely affect the agricultural use or enjoyment of neighboring properties. All other provisions of this Ordinance and any other applicable ordinance of the Township shall apply. 2. There must be assigned to the land being separated from the original parcel at least one (1) of the original parcel s allocation of development rights permitted by Section 307d)1 of this Ordinance, unless that land is being joined to an adjacent lot or parcel which either contains an existing dwelling or has allocated to it one (1) development right. 3. In no case may development rights be allocated to the parent parcel which are precluded from being developed on that parent parcel due to:

i. deed restrictions; or ii. covenants; or iii. conservation easements held by including but not limited to the Township, land conservation or preservation trusts, York County or the State of Pennsylvania. 4. Regardless of size, no lot subsequently subdivided from the original parcel shall qualify for additional development rights pursuant to Section 307 d) of this Ordinance. 5. Subsequent owners for any parcel of land legally existing on the effective date of this Ordinance, shall be bound by the actions of the previous owners that such current owner may subdivide if any remain, the number of lots remaining from the original number permitted by Section 307d of this Ordinance. 6. Approved Subdivision: Each permitted development right used to create a separate and approved lot, whether intended for transfer title or not, such lots must meet the requirements of this Ordinance, The Township Subdivision and Land Development Ordinance, and all requirements of the Pennsylvania Department of Environmental Protection. A property owner submitting a subdivision plan will be required to specify on this plan which lot or lots shall carry with them the right to erect or place any unused quota of development rights their parcel may have. 2. New Principal Structures and Uses located upon and not separated from Parent Parcels: For each new principal structure or use created after the effective date of this Ordinance and located upon and not separated from a parent parcel existing before the effective date of this Ordinance, via the use of developments rights permitted in the Agricultural District, pursuant to Section 307d) and meeting all dimensional requirements set forth in Table 306.1 of this Ordinance, shall require one (1) development right equal to: a. One (1) dwelling unit; or

b. 5,000 square feet or portion thereof of gross floor area for principal non-residential and/or non-agricultural structures or uses; for the location of one or more uses listed in Table 302.1 of this Ordinance. Additionally, development rights located on the original parent parcel shall not be used, unless it is determined from the subdivision and/or land development plan submitted by the property owner that: c. All of the land proposed to be used for siting new principal non-agricultural structure or use on land of low quality for agricultural use as defined in Section 203 of this Ordinance, or land possessing the lowest classification of the soils contained on the parent parcel. Where such location is not feasible, locating new principal non-agricultural structure or use on land containing higher quality soils is permitted. However, in all cases such new principal non-agricultural structure or use shall be located on the least agriculturally productive land feasible, or so as to minimize interference with agricultural production. The applicant shall have the burden of proving that the land sought to be subdivided meets the criteria set forth in this Section. Any landowner who disagrees with the classification of their parcel or any part of it by the latest version of the Soil Survey of York County, Pennsylvania, may submit an engineering analysis of the soils on the portion of the farm which is sought to be reclassified, and if the Board of Supervisors finds the study to be correct, it shall alter the Township Soil Map to reflect the results of such analysis. 4. SECTION 307.f) is amended, changed and modified to read as follows: 307.f) Transfer of Development Rights: Development rights available to each parent parcel of land in the Agricultural District, Table 307.d. may be transferred to a parcel or parcels of land located within areas of the Township designated as Receiving Areas in accordance with the requirement of, and procedures set forth in Section 306.1 and Article VII of this Ordinance. Following the transfer, the transferor parcel must either contain an existing residential dwelling, principal nonresidential and/or non-agricultural structure or use, or at

least one (1) development right unless it is being permanently joined to an adjacent parcel which either contains an existing dwelling, principal non-residential and/or non-agricultural structure or use, or has allocated at least one development right. 5. Section 307.g) is deleted. 6. Section 307.h) is changed, amended and modified to be renumbered as Section 307.g) 7. SECTION 308.d) is changed, amended and modified to read as follows: 308.d) Maximum Development Density Utilizing Transferred Development Rights: as indicated in Table 306.1 8. SECTION 308.f).2 is changed, amended and modified to read as follows: 308.f).2. Permitted Development Rights: On the effective date of this Ordinance, there may be permitted upon each existing parcel of land within the Residential District in existence on that date, no more than the number of development rights equivalent to the Maximum Development Density shown in Table 306.1. 9. SECTION 309. d) is changed, amended and modified to read as follows: 309.d) Maximum Development Density Utilizing Transferred Development Rights: as indicated in Table 306.1 10. SECTION 309.f).2 is changed, amended and modified to read as follows: 309.f).2. Permitted Development Rights: On the effective date of this Ordinance, there may be permitted upon each existing parcel of land within the Village District in existence on that date, no more than the number of development rights equivalent to the Maximum Development Density shown in Table 306.1; 11. SECTION 310.d) is changed, amended and modified to read as follows: 310.d) Maximum Development Density Utilizing Transferred Development Rights: as indicated in Table 306.1

12. Section 310.g).2 is changed, amended and modified to read as follows: 310.g).2. Permitted Development Rights: On the effective date of this Ordinance, there may be permitted upon each existing parcel of land within the Waterfront Recreation District in existence on that date, no more than the number of development rights equivalent to the Maximum Development Density shown in Table 306.1; 13. SECTION 313.c) is changed, amended and modified to read as follows: 313.c) Abrogation and Greater Restrictions: This section is intended to create an overlay district within which all applications for zoning/building permits for either the purpose of exterior alteration or demolition structures, or the disruption or encroachment upon areas or sites of archeological significance, should voluntarily be reviewed by the Lower Windsor Township Planning Commission for review and comment, as to the effect of the proposed action on the historic character of the structure, area or site. 14. SECTION 313.d) is changed, amended and modified to read as follows: 313.d) Review by the Planning Commission: In addition to meeting the normal requirements for obtaining a zoning/building permit, all applications for alteration and/or demolition of a building or structure and/or disruption or encroachment of a site or area within the HO shall be forwarded by the Zoning Officer to the Lower Windsor Township Planning Commission. The Township Planning Commission should consult the guidance and services of professionals such as the Pennsylvania Historical and Museum Commission, or groups of knowledgeable and qualified individuals such as a local historical society, historic preservation group or archeologist. After which time a meeting between and the Planning Commission, their consultants and applicant be scheduled to discus the findings. All landowners are encouraged to consider implementation of any design recommendations provided by the Planning Commission that would preserve the original historical or architectural integrity considerations. The landowner is encouraged to permit photo documentation of the property by the Township. If the property owner agrees to utilize the findings of the Planning Commission or services of the consultants and the above meeting has occurred, or after a period of forty-five

(45) days after filing the application for a zoning/building permit, whichever comes first, the Township may proceed in a manner similar to the rules in effect in the underlying zone to issue a zoning/building permit. SECTION 3: ARTICLE IV of Ordinance No. 2003-02 is hereby amended as follows: 1. SECTION 406.e).2 is changed, amended and modified to read as follows: 406.e).2 Tentative approval of a development plan shall not qualify the plan of the Planned Residential Development for recording nor the issuance of any zoning/building permits or authorize any construction. A plan that has been given tentative approval as submitted, or which has been given tentative approval with conditions that have been accepted by the landowner (provided that he has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked or otherwise impaired by action of Lower Windsor Township pending an application(s) for final approval, without the consent of the landowner, provided an application(s) for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval pursuant to the provisions of this Article. 2. SECTION 406.e).4. is changed, amended and modified to read as follows: 406.e).4. A development plan, or any part thereof, that has been given final approval shall within ninety (90) days of such final approval or ninety (90) days after the date of delivery of an approved plat signed by the Board of Supervisors, following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the Recorder of Deeds of York County, before any development shall take place in accordance with the finally approved plan. The Zoning Officer shall not issue a Zoning/Building Permit unless the application for same is accompanied by a certificate of Recording issued by the Recorder of Deeds. Upon the filing of record of the development plan the Zoning and Subdivision Regulations otherwise applicable to the land included in such plan shall cease to apply thereto and the provisions of this Article shall apply. Pending completion, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code, as amended, of the Planned Residential Development or part thereof, as the case may be, that has been finally approved, no

modification of the provisions of the development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner or developer. SECTION 4: ARTICLE V of Ordinance No. 2003-02 is hereby amended as follows: 1. SECTION 518 is changed, amended and modified to read as follows 518 NONCONFORMING LOTS OF RECORD, STRUCTURES AND USES a) Intent 1. Within the districts established by this Ordinance or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful on or before the effective date of this Ordinance or created by an amendment to this Ordinance, but which would be prohibited under the terms of this Ordinance or future amendment. 2. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, although it is recognized and declared by this Ordinance to be incompatible with permitted uses in the districts involved. b) Nonconforming Lots of Record 1. Continuance Any nonconforming lot of record, created on or before the effective date of this Ordinance or created by an amendment to this Ordinance, may be continued although such lot does not conform to the lot requirements for the district in which it is located. 2. Construction The provisions of this Ordinance shall not prevent the construction of a structure or the establishment of a use on any nonconforming lot. However, this provision shall not apply to any two (2) or more contiguous lots in common ownership created on or before the effective date of this Ordinance, where reparceling or replating could either create one (1) or more conforming lots or expand an existing nonconforming lot, as

long as it does not create any other new nonconforming lots as stated in 518b)3. If the owner/developer proposes to build over the adjoining property line, the two (2) lots must be formally joined by having a subdivision plan approved by the Township Board of Supervisors prior to the issuance of any permit authorizing such construction. 3. Reverse or Re-Subdivision of Nonconforming Lots If two (2) or more contiguous lots, or combination of lots, or portions of lots with continuous frontage in common ownership are of record, created on or before the effective date of this Ordinance, and that do not meet the requirements established for lot width and area, the land involved may be combined to either create a conforming lot or expand an existing nonconforming lot, as long as it does not create any other new nonconforming lots. c) Nonconforming Principal Buildings or Structures 1. Continuance Except as otherwise provided in this Section, any nonconforming principal building or structure, created on or before the effective date of this Ordinance or created by an amendment to this Ordinance, may remain although such structure does not conform to the dimensional requirements for the district in which it is located. 2. Restoration A nonconforming principal structure or building which has been destroyed in part or in whole by reason of windstorm, fire, explosion, or other act of God or a public enemy, the structure or building may be rebuilt, restored or repaired to the extent of the nonconformity prior to destruction; providing that restoration is begun within one (1) year following said destruction and shall be carried on without interruption. Otherwise the nonconforming structure or building status shall be null and void. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe. 3. Replacement

A nonconforming principal building or structure may be replaced only in conformance with the provisions of this Ordinance. This includes, but is not limited to, the removal of mobile or modular buildings or structures. If such a nonconforming principal building or structure is removed, it cannot be replaced unless it conforms to the regulations of this Ordinance. 4. Expansion An existing principal building or structure which does not conform to building setback requirements may be expanded or altered provided the extension or alteration conforms with all dimensional requirements of this Ordinance and all other applicable regulations of this Ordinance. d) Nonconforming Uses 1. Continuance Except as otherwise provided in this Section, any nonconforming use, existing on or before the effective date of this Ordinance or created by an amendment to this Ordinance, may be continued indefinitely although such use does not conform to the requirements for the district in which it is located. Unless specifically provided by the Zoning Hearing Board for a particular use, no change of title or possession or any other change in status of a property on which a nonconforming use exists shall prevent the continuance of such nonconforming use. 2. Expansion and Extension a. A nonconforming use existing on or before the effective date of this Ordinance may be expanded and extended within the limits of the lot of record upon which it existed upon on or before the effective date of this Ordinance or created by an amendment to this Ordinance as a matter of right provided that such expansion: 1. No nonconforming use shall be extended or expanded to displace a conforming use. 2. Does not exceed the maximum lot

coverage set forth in Table 306.1 for the district which the nonconforming use would be permitted if it were located in the respective district. (i.e. any nonconforming industrial uses shall not exceed the maximum lot coverage for the Industrial District and likewise any nonconforming commercial uses not exceeding the maximum lot coverage for the Village or Waterfront Recreation District). If a use is permitted by right in multiple districts, the district which requires the least restrictive maximum lot coverage provision shall apply to said nonconforming use. However, if a use is permitted in multiple districts by right and by special exception, the district(s) in which the use is permitted by right shall be applicable. 3. Any extension or expansion shall conform with the dimensional criteria set forth in Table 306.1 and other requirements of the district in which said extension or expansion is located. b. Upon application for a Special Exception the Zoning Hearing Board may approve the extension of expansion of an existing nonconforming use onto an adjoining property subject to the following standards: 1. Any extension or expansion shall take place only onto a contiguous or adjoining lot created on or before the effective date of this Ordinance and held in the same ownership. The owner of the lot on which the nonconforming use is located must provide satisfactory evidence to show that he is also owner, or owner in equity, of the adjoining lot. 2. Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the district in which the nonconformity in question is located. If the owner/developer proposes to build over the adjoining property line, the two (2) lots must be formally joined by having a subdivision plan approved by the Township Board of Supervisors prior to the issuance of

any permit authorizing such construction. 3. Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this Ordinance. 4. Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control and maintenance in good condition of all improvements and open spaces. 5. Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces. 6. The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities except as provided for in Section 518 b). 7. A letter is obtained from the adjoining property owner(s) stating that there is no objection to the proposed expansion. 8. The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that the proposed extension or expansion will not adversely affect the use or enjoyment of neighboring properties. 3. Change of Use: Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the conditions set forth below: a. Such change shall be permitted only as a Special Exception under the provisions of Section 804 of this Ordinance. b. The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted conforming use.

c. The applicant shall show that the proposed change will equal or less impact than the existing nonconforming use with respect to: 1. Traffic generation and congestion, including truck, passenger car and pedestrian traffic. 2. Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration. 3. Storage and waste disposal. d. The proposed nonconforming use is a permitted use in one (1) or more zoning districts established in the Ordinance. e. The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that the change of use will not adversely affect the use or enjoyment of neighboring properties. 4. Abandonment e) District Changes A nonconforming use shall be presumed as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one (1) year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this Ordinance. Whenever the boundaries of a district shall be changed so as to transfer an area from one (1) district to another district of a different classification, the foregoing provisions shall also apply to any nonconformities existing therein or created thereby. f) Certificate of Nonconformance 1. An application for a certificate of nonconformance may be made to the Township by the owner of any nonconformity as the effective date of this Ordinance or

as the effective date of an amendment or variance creating the nonconformity. This certificate affirms the legality of the nonconformance. 2. The Certificate of Nonconformance shall set forth in detail all the nonconforming conditions of said property as of the effective date of this Ordinance or as of the effective date of an amendment or variance creating the nonconformity. 3. The certificate shall be for the purposes of insuring to such owner the right to continue the nonconformity; therefore, the certificate should be filed with the Township Zoning Officer within one (1) year of the effective date of subsequent amendments or variance to this Ordinance, which creates a nonconformity. 4. The Township shall retain a copy of the Certificate of Nonconformance. 2. Article V is amended, changed and modified to add SECTION 519 to read as follows: SECTION 519 CONSERVATION OF STREAM CORRIDORS a. Any portion of a property located within twenty-five (25) feet of the ordinary waterline of any stream or watercourse shown on the Zoning Map where soil disturbance is proposed shall: 1) not be altered, regraded, filled, or used for any purpose, excluding agricultural land uses, except in conformance with this Section. 2) be comprised and maintained at all times, in an undisturbed vegetative buffer or filter strip to intercept sediment and pollutants from runoff occurring overland before they reach the stream, thereby protecting local water resources and the environment. The buffer shall consist of existing or new vegetation or a combination thereof, as in the following order or preference: a) Existing hedgerow, woodlot, brush and/or uncultivated fields which are naturally occurring along the stream. b) A combination of existing vegetation (such as above) and newlyestablished vegetation.

c) A newly established area of trees, bushes and grasses, where no vegetation existed prior to development. 3) Where it is necessary to cross a stream or watercourse with a street, access road or driveway, such crossing shall be perpendicular to the thread of the stream or waterway, and shall minimize the disturbance to the vegetative filter strip. If any vegetation is proposed to be disturbed, the disturbed area must be replaced so that the resulting size of the vegetative filter strip remains the same. 4) Where it is necessary to provide for livestock crossings of a stream or watercourse, farmers must obtain a permit issued by the Pennsylvania Department of Environmental Protection. Additionally, farmers are encouraged to work with the York County Conservation District and Natural Resources Conservation Service (NRCS) to establish best management practices (BMPs) to protect the stream. 5) As stated in Section 515 of the SALDO, any changes in an existing stream or watercourse, stream, channel or other drainageway must be approved and a permit issued by the Pennsylvania Department of Environmental Protection. b. Provisions and requirements set forth in 519 a.1) 5) shall also apply to areas located within twenty-five (25) feet of the ordinary waterline of the Susquehanna River.

SECTION 5: ARTICLE VI of Ordinance No. 2003-02 is hereby amended as follows: 1. SECTION 662 is amended, changed and modified to read as follows: 662 SECTION NOT USED SECTION 6: ARTICLE VII of Ordinance No. 2003-02 is hereby amended as follows: 1. SECTION 702 is amended, changed and modified to read as follows: 702 Within the Agricultural, Residential, Village and Waterfront Recreational districts, each parent parcel shall be allocated a number of development rights based upon the lot area of the parent parcel legally existing on the effective date of this Ordinance. The owner of the parent parcel in the Agricultural District has the right to retain, use or transfer the allocated development rights as limited by this Ordinance. The owner of parent parcel within the Residential, Village or Waterfront Recreation District, has the right to develop on-site at the base density of the district in which located, or to increase density to the maximum development density permitted on-site by buying and transferring development rights. The creation of a new lot upon which dwelling or principal nonresidential structure or use or siting of a new principal nonresidential structure or use upon and not separated from a parent parcel existing before the effective date of this Ordinance, requires the use of development rights. The number of development rights depends on the specific use proposed, as well as the number and size of the lots to be created. The creation of a new lot upon which a dwelling or principal nonresidential and/or non-agricultural structure or use or siting of a new principal non-residential and/or non-agricultural structure or use upon and not separated from a parent parcel existing before the effective date of this Ordinance, requires the use of development rights. The number of development rights depends on the specific use proposed, as well as the number and size of the lots to be created. Owners of a parent parcel may use the development rights allocated to that parent parcel to erect new residential dwellings, principal non-residential and/or non-agricultural structures or uses on the parent parcel, or create lots from the parent parcel. The transfer of development rights is a voluntary agreement under the terms of this Ordinance between a willing buyer and a willing

seller. The right shall only be transferred to a person, corporation, partnership or other legal entity. The development rights may be held by the purchaser for future use or sale; however, a person who purchases development rights may only attach and use the development rights on parcels in the designated receiving areas of the Township. The price of the development rights will be determined by the willing buyer and the willing seller. Development rights shall be considered a separate estate in land and may only be transferred in accordance with the requirements of this Article. Once the development rights are attached to a specific parcel of land, the rights shall run with that specific parcel in perpetuity. A buyer of development rights who attaches those rights to a parcel of land in accordance with the procedures set forth in this Article is permitted an increase, with the use of the development rights, in the base density of their development within the Receiving Areas. The seller of the development rights receives compensation from the sale, plus the right to retain the land for agricultural use or other use permitted in the Agricultural district. A deed restriction against future residential and/or non-agricultural development is placed upon the parent parcel in the designated Sending Area from which the development rights have been severed. The deed restriction will not affect the landowner s ability to sell the land after the development rights have been severed; however such restriction runs with the land. 2. SECTION 705.a).2. is amended, changed and modified to read as follows: 705.a).2. The owner of any parcel of land eligible for development rights in the AG District shall not be restricted from developing said parcel in accordance with the provisions of Section 307 and this Article. In the event of a subdivision or land development of any parcel of land eligible for development rights permitted on-site, the number of rights granted and permitted to be used on site in Section 307 of this Ordinance shall be reduced by: a. Each one (1) new lot created after the effective date of this Ordinance upon which: 1. One (1) dwelling unit may be built; or

Or: 2. 5,000 square feet or portion thereof of gross floor area for new principal non-residential and/or nonagricultural structures or uses may be built. b. Each one (1) new principal structure or use created after the effective date of this Ordinance upon and not separated from a parent parcel existing before the effective date of this Ordinance equal to: 1. One (1) dwelling unit; or 2. 5,000 square feet or portion thereof of gross floor area for principal non-residential and/or nonagricultural structures or uses. 3. SECTION 705.a).3. is amended, changed and modified to read as follows: 705.a).3. The determination of the precise number of development rights which shall be apportioned to a parent parcel in the Sending Areas set forth in Section 307 and this Article. 4. SECTION 705.b).6 is deleted: 5. SECTION 705.b).7 changed, amended and modified to be renumbered as 705.b)6 6. SECTION 705.b).8 changed, amended and modified to be renumbered as 705.b.7 7. SECTION 705.d) is amended, changed and modified to read as follows: 705.d) Following the transfer, the transferor parcel must either contain an existing residential dwelling, principal nonresidential and/or non-agricultural structure or use or at least one (1) development right unless it is being permanently joined to an adjacent parcel which either contains an existing dwelling, principal non-residential and/or non-agricultural structure or use or has allocated at least one (1) development right. 8. SECTION 707.e) is amended, changed and modified to read as follows:

707.e) Each development right purchased and transferred shall equate to provisions set forth in Section 203 of this Ordinance. 9. SECTION 707.f)1.c is amended, changed and modified to read as follows: 707.f).1.c. If no subdivision or land development approval is required for the proposed development, an application for a zoning/building permit. 10 SECTION 707.f).1.d.1) is amended, changed and modified to read as follows: 707.f).1.d.1) Base density of the receiving parcel, the proposed density on the receiving parcel, the maximum development density and the number of development rights transferred (or to be transferred) to the receiving parcel. 11. SECTION 707.f).3 is amended, changed and modified to read as follows: 707.f).3. If no subdivision or land development approval is required for the proposed development, an application of a zoning/building permit indicating the proposed development, the number of development rights attributable to the receiving parcel being developed, the number of development rights needed for the proposed development, and the number of additional development rights transferred or to be transferred to the receiving parcel. The purchaser of development rights shall provide the Zoning Officer with proof that the Deed of Development Rights has been recorded

SECTION 7: ARTICLE VIII of Ordinance No. 2003-02 is hereby amended as follows: 1. SECTION 803.a) is amended, changed and modified to read as follows: 803.a) Filing of Variance: An application may be made to the Zoning Hearing Board for a variance where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The application must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Board and copies given to the Zoning Officer and Township Planning Commission. The applicant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board of the variance, whether such information is called for by the official form or not. Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a zoning/building permit or use certificate within six (6) months from the date of the authorization of the variance. 2. SECTION 804.a) is amended, changed and modified to read as follows: 804.a) Filing of Special Exceptions: For any use or activity permitted by special exception, a special exception must be obtained from the Zoning Hearing Board. In addition to the information required on the zoning/building permit application, the special exception application must show Unless otherwise specified or extended by the Zoning Hearing Board a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a zoning/building permit or use certificate within six (6) months of the date of the authorization of the special exception.

SECTION 8: ARTICLE IX of Ordinance No. 2003-02 is hereby amended as follows: 1. SECTION 901.a) is amended, changed and modified to read as follows: 901.a) Zoning/Building Permits: The requirements set forth in is Article and elsewhere in the Ordinance, in addition to those under the Lower Windsor Township Building Permit and Floodplain Management Ordinance, must be complied with to obtain a zoning/building permit from the Zoning Officer for the erection, construction, reconstruction, enlargement, alteration, moving, demolition or change of use of a structure or land before such new structure or use or change of use is occupied or established except for the following: Work on the proposed construction and/or development shall begin within six (6) months and shall be completed within twelve (12) months after the date of issuance of the zoning/building permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Time extensions shall be granted only if a written request is submitted by the applicant which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request. The permit application must be accompanied by a site plan including, but not limited to the following information, as necessary to demonstrate conformity to this Ordinance -- The applications for a zoning/building permit must include a statement of the intended use and any existing use of the structure or land. The permit continues in effect as long as the use of the structure or land for which it is granted conforms with this Ordinance. 2. SECTION 902.a) is amended, changed and modified to read as follows: 902.a) Appointment and Powers: For the administration of this Ordinance, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Zoning Officer shall administer this Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Ordinance. The Zoning Officer is the enforcement officer for this Ordinance. He issues all zoning/building permits, use certificates, and at direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures together with the reasons why they were identified as nonconformities. The