ARTICLE  III  -  DISTRICT REGULATIONS

Section 301 - Classes of Districts

For the purpose of this Ordinance the Township of Dingman is hereby divided into districts which shall be designated as follows:

            CP       Conservation and Parks District

            RU       Rural District

            R-1      Low Density Residential District

            NC      Neighborhood Commercial

            ND2    Limited Neighborhood Development District

            RC       Resort Commercial District

            FP        Floodplain District

The intent of each District and regulations which shall apply to each are given in the Schedule of Use Regulations,  Section 305.

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Section 302 - Zoning Map

The boundaries of said Districts shall be shown upon the map or maps on display at the Dingman Township Municipal Building and made a part of this Ordinance which shall be designated the "Dingman Township Official Zoning Map". The same map and all the notations, references and other data shown thereon are hereby incorporated by reference into this Ordinance as if all were fully described herein. Compilations of the zoning maps may be produced by the Township for general use, but the official zoning map will control.

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Section 303 - District Boundaries

District boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan of record in the Pike County Recorder of Deeds Office at the time of the enactment of this Ordinance, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map. In any case of uncertainty the Dingman Township Board of Supervisors in consultation with the Planning Commission shall interpret the intent of the map as to location of District boundaries. The boundaries of the CP District will usually be the same as the boundaries of the State Forest, State Gamelands, State Park and Delaware Water Gap National Recreation Area lands within the Township but may include some parcels in private ownership.

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Section 304 - District Regulations - Generally

District regulations are of three types:  Use Regulations, Development Standards and Special Performance Standards; all which shall apply to any proposed new use, expansion of an existing use or change of use of land in Dingman Township.

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Section 305 - Use Regulations

Use regulations and statements of intent for each District are provided in the following Schedule of Use Regulations.

***CLICK HERE TO VIEW USE CHART***

*** CLICK HERE TO VIEW ZONING MAP ***

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Section 306 - Development Standards

The Development Standards which apply to each District include minimum lot sizes, minimum average widths, minimum lot depth, yard requirements, maximum lot coverage, and maximum height. These standards vary among Districts. The schedule of Development Regulations on the following page provides standards for each district.

 

Dingman Township Zoning Ordinance - Schedule of Development Regulations
Criteria	CP District	RU District		R-1 District		NC District		ND-2 District		RC District
	Central or   On-lot Utilities	On-lot Sewage or Water	Central Sewage and Water	On-lot Sewage or Water	Central Sewage and Water	On-lot Sewage or Water	Central Sewage and Water	On-lot Sewage or Water	Central Sewage and Water	On-lot Sewage or Water	Central Sewage and Water

Minimum lot area per dwelling or use	1 acre	1 acre	0.5 acre	1 acre	0.5 acre	1 acre	0.5 acre	1 acre	0.5 acre	1 acre	0.5 acre
Minimum average lot width	150 feet	150 feet	100 feet	150 feet	100 feet	150 feet	100 feet	150 feet	100 feet	150 feet	100 feet
Minimum front yard	50 feet	50 feet	40 feet	40 feet	40 feet	50 feet	40 feet	50 feet	40 feet	50 feet	40 feet
Minimum side yard	50 feet	25 feet	15 feet	15 feet	15 feet	15 feet	15 feet	15 feet	15 feet	25 feet	15 feet
Minimum side yards (both sides)	100 feet	50 feet	30 feet	30 feet	30 feet	50 feet	30 feet	50 feet	30 feet	50 feet	30 feet
Minimum rear yard	50 feet	50 feet	25 feet	25 feet	15 feet	25 feet	15 feet	10 feet	15 feet	50 feet	25 feet
Maximum Building Height	35 feet	50 feet	50 feet	35 feet	35 feet	50 feet	50 feet	50 feet	50 feet	50 feet	50 feet
Maximum lot coverage	10,000 sq. ft. or 20% whichever is greater	10,000 sq. ft. or 50% whichever is greater	10,000 sq. ft. or 50% whichever is greater	10,000 sq. ft. or 20% whichever is greater	10,000 sq. ft.or 20% whichever is greater	10,000 sq. ft. or 50% whichever is greater	10,000 sq. ft. or 50% whichever is greater	10,000 sq. ft. or 50% whichever is greater	10,000 sq. ft or 50% whichever is greater	10,000 sq. ft. or 50% whichever is greater	10,000 sq. ft. or 50% whichever is greater
Notes applicable (see below)	1,3,4	3,4	3,4	3,4	3,4	3,4	3,4	2,4	2,4	3,4,5	3,4,5
Notes: 1)     Development regulations for the CP District shall apply to all uses in the FP (Floodplain Protection) District. 2)     Central water supply and off-site sewage disposal facilities are required for principal permitted uses. Recreational Vehicle sites – 9,000 sq. ft. The setback lines for the placement of any structure on a recreational vehicle campsite including but not limited to: recreational vehicles, tents, trailers, cars, trucks or other motorized vehicles used for camping, accessory buildings (which may not be used for human habitation), decks, landings, patios, gazebos, or anything other than natural vegetation shall be: fifteen (15) feet from the front lot line; fifteen (15) feet from the back lot line; seven and one-half (7 ½”) feet from the side lot lines; and fifty (50) feet from the top of the bank of any body of water (lake, stream, brook, etc.). No part of the recreational vehicle, including slide outs, tip outs, etc., may encroach into the setback area. The total of both side yards shall be no less than fifteen (15) feet and no recreational vehicle or structure that exceeds fifteen (15) feet in height may be placed on the lot. For a corner lot the rear yard opposite the road on which the lot has the most frontage may be reduced by 50%.  A lot used for transient camping may obtain a permit for such use with a designated pad area for the placement of structures. The entirety of any structure, including any camping structures, shall be within the confines of the pad at all times after installation. Seasonal camping shall not be considered transient. The property owner shall be required to show the zoning officer adequate evidence of the location of lot lines (including a survey if deemed necessary by the officer) before placing any such structures. The placement of any such structure shall require a zoning permit under this ordinance. Any owner may apply for a certificate of non-conforming use for any structure previously placed that would otherwise be in violation of this provision within eighteen (18) months of the date of enactment. Thereafter, any such structures shall be considered to be in violation of this provision. 3)     Barns, silos and similar farm buildings are exempt. 4)     Residential structures shall meet R-1 District standards, regardless of the zoning district. 5)     See § 435 for Mixed-Use Project development standards

Section 307 - Floodplain Development

1. Definition of Floodplain Areas:  The identified floodplain area shall be any area of Dingman Township , subject to flooding as identified on a Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency or its successor agency and dated December 4, 1985, or any subsequent revision. Flood elevations will be determined in specific instances by a combination of this map with U.S.D.A. Soil Conservation Service data, U.S.G.S.  mapping and other floodplain information sources. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by qualified agency or person document a need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency or its successor agencies.

2. Prohibition of Development:  No new manufactured housing unit, structure, substantial improvement to an existing structure (as defined by the Pennsylvania Floodplain Management Act), or other development shall be permitted within any Zone "A" or "AE" flood area on Dingman Township's FIRM excepting uses not involving permanent structures, as provided in Section 307.3(5) hereof. Provided, however, that bridges, culverts or other crossings of bodies of water, shall be permitted as conditional uses.  Bridges, culverts or other crossings owned and maintained by the federal, state, county or municipal government shall be exempt from the requirement to obtain a permit.  They shall, however, submit to the Township proof that they have received all necessary state permits for any such project before initiating construction. A proposed replacement of an existing crossing structure shall either be equal to or exceed the capacity of the structure to be replaced.  New structures shall meet all applicable standards. Existing manufactured housing units in the floodplain area may be replaced but the new manufactured housing units or any additions to existing homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors.

 

 

a) over - the - top ties shall be provided at each of the four (4) corners of the manufactured housing unit, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length.

 

b) frame ties shall be provided at each corner of the manufactured housing unit, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length.

 

            c) all components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4800) pounds.

 

            d) the stands or lots shall be elevated on compacted fill so that the lowest floor of the mobile home will be at or above the one-hundred (100) year flood.

 

Evacuation plans for manufactured housing parks indicating alternate vehicular access and escape routes shall be submitted to the Township Board of Supervisors for review and approval. Such evacuation plans shall be evaluated in consultation with the  Pike County Emergency Management Agency and, if necessary, revised so as to provide for safe means of access and escape.

New and replacement water supply systems within identified floodplain area shall be designed to minimize or eliminate infiltration or flood waters of the 100 year flood.

Regardless of the other data no new construction shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.

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 Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection Bureau of Dams and Waterway Management.  In the event that state regulations require the issuance of a Township permit prior to the application for any state permit, this section is hereby waived. In addition, the Federal Insurance Administrator or Director of any successor Agency and the Pennsylvania Department of Community Affairs, Bureau of Community Planning, or its successor agency,should be notified by the Township prior to any alteration or relocation of any watercourse.

3. Procedures: No zoning permit shall be issued anywhere within the Township until a review of the proposed activity is made to assure all necessary permits have been received including any which may be required under Section 404 of the Federal Water Pollution  Control Act (Army Corps of Engineers Permit Program). In the event that state regulations require the issuance of a Township permit prior to the application for any state permit, this section is hereby waived. All subdivision proposals or proposals for development involving more than five acres of land shall include base flood elevation data. Such data should be developed by a professional engineer, hydrologist, or other technically qualified individual using Soil Conservation Service, Army Corps of Engineers or other comparable data or by applying one of the techniques recommended by the Pennsylvania Department of Community Affairs. The Zoning Officer and/or Planning Commission will review all permit applications to determine whether proposed building sites, subdivisions and developments will be reasonably safe from flooding (outside the 100 year floodplain) and otherwise meet the standards of this section. No permits will be issued until and unless such a determination is made.

4. Permitted Uses:  The permitted uses within the floodplain shall be limited to the following:

            (1)        Timber harvesting

            (2)        Commercial nurseries, but not including any permanent structures

            (3)        Agricultural uses, but not including any intensive  livestock operations or permanent structures

            (4)        Golf courses, but not including any permanent structures

            (5)        Public parks and playgrounds, but not including any permanent structures

            (6)        Boating access areas not including any permanent structures shall be considered conditional uses

An existing structure within a designated FP Floodplain Development District may, subject to Special Exception approval, and provided no changes to the footprint of the structure or increases in the floor area are involved, be converted to an office or bed and breakfast establishment or day care facility.

5. Floodplain Variances:  In reviewing any requests for a floodplain variance the Zoning Hearing Board shall, prior to approving any such request, determine:

            (1)        all the requirements for a variance, set forth in Section 710, have been met.

            (2)        ensure the granting of the variance will not result in any increase of flood heights, additional threats to public safety, extraordinary public expenses, creation of nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or State ordinances and regulations.

6. Documentation:  In all variance requests:

            (1)        the applicant shall provide documentation, certified by a professional engineer or architect, clearly demonstrating the proposal will not result in any increase of flood heights or additional threats to public safety.

            (2)        the applicant shall submit to the Pennsylvania Department of Community Affairs - Floodplain Management Division and the Federal Emergency Management Agency  copies of such documentation, certified by a professional engineer  or architect, for the purpose of review and comment. Copies of such   comments shall be submitted as part of the variance request. A hearing for a variance request shall not be scheduled until the applicant has received the Department of Community Affairs comment.

If granted, a variance shall involve only the least modification necessary to provide relief. If is should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program Regulations including the requirements for floodproofing, anchoring and elevation. The applicant must also comply with any other requirements considered necessary by the Township.

In granting any variance the Zoning Hearing Board shall attach whatever reasonable conditions or safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objective of this Ordinance.

Whenever a variance is granted the applicant is hereby notified that the granting of the variance may result in  increased premium rates for flood insurance and that such variances may increase the risk to life and property.

A complete record of all variance requests and related incidents shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in an annual report to the Federal Emergency Management Agency or its successor. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100 year flood in accordance with the provisions of the Corps of Engineers publication entitled "Flood-proofing Regulations - June 1972".

Notwithstanding the rights of any applicant to apply for variance (in special instances) no variance shall be granted which will allow the following activities and development to locate within a floodplain area, as they present a special hazard to the health and safety of the public:

            a.         Hospitals (public or private)

            b.         Nursing homes (public or private)

            c.         Jails or prisons

            d.         Individual mobile homes, new mobile home parks, mobile home subdivisions and substantial improvements thereto, as well as to individual mobile homes

            e.         Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the           maintenance of a supply  (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:

                                    1)    Acetone

                                    2)    Ammonia

                                    3)    Benzene

                                    4)    Calcium carbide

                                    5)    Carbon disulfide

                                    6)    Celluloid

                                    7)    Chlorine

                                    8)    Hydrochloric acid

                                    9)    Hydrocyanic acid

                                    10)  Magnesium

                                    11)  Nitric acid and oxides of nitrogen

                                    12)  Petroleum products (gasoline, fuel oil, etc.)

                                    13)  Phosphorus

                                    14)  Potassium

                                    15)  Sodium

                                    16)  Sulfur and sulfur products

                                    17)  Pesticides (including insecticides, fungicides, and rodenticides)

                                    18)  Radioactive substances, insofar as such  substances are not otherwise regulated

7. Abrogation and Greater Restrictions:  This Ordinance supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions  are more restrictive. If there is any conflict between any of the provisions of this Ordinance, the more restrictive shall apply.

8. Documents: Copies of documents referenced herein shall be available from the Township Zoning Officer.