Planning and

Implementation Tools:
Creating Sustainable and
Successful Communities
 Planning and
Implementation Tools Report
Creating Successful and Sustainable Communities
in York County

York County Planning Commission

28 East Market Street
York Pennsylvania
(717)771-9870

August, 2008
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 Table of Contents
Page

Introduction.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Primary Planning Tools

Comprehensive Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Capital Improvements Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Sewage Facilities Plan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Recreation Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Primary Implementation Tools

Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Subdivision and Land Development Ordinance.. . . . . . . . . . . . . . . . . . . . . . . . . 6
Official Map Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Transportation Impact Fee Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Stormwater Management Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Smart Growth Tools

Alternative Residential Developments
Cluster Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Open Space Development/Conservation by Design. . . . . . . . . . . . . . . . 14
Planned Residential Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Traditional Neighborhood Development. . . . . . . . . . . . . . . . . . . . . . . . . 15
Agricultural Protection
Agricultural Protection Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Transfer of Development Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Environmental
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Street Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Protection of Sensitive Environmental Areas. . . . . . . . . . . . . . . . . . . . . 23
Transportation
Flexible/Shared Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Traffic Impact Studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Other
Dedication of Recreation Land/Fee in Lieu of. . . . . . . . . . . . . . . . . . . . . 28
Historical/Cultural Preservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Appendix
Map: Status of Comprehensive Plans in York County
Map: Status of Zoning Ordinances in York County
Map: Status of Subdivision and Land Development Ordinances in York County
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 Planning and Implementation Tools Report

Introduction
This report has been compiled by the staff of the York County Planning Commission to advise local
governments of a variety of existing tools available to plan for and manage growth within their
communities. The Pennsylvania General Assembly has given municipalities the primary
responsibility for regulating land use and managing growth through the Pennsylvania Municipalities
Planning Code (MPC), Act 247 as amended. The MPC empowers municipalities “to plan their
development and govern the same,” either individually or jointly, by adopting a comprehensive plan
and enacting zoning, subdivision and land development, and official map ordinances. It also
authorizes municipalities to adopt transferable development rights (TDR), planned residential
development (PRD), and traditional neighborhood development (TND) regulations, as well as
capital improvement programs and transportation impact fee ordinances. Furthermore, the MPC
directs municipalities to design their land use controls so as to ensure that:

! the health, safety, morals and general welfare of the community are protected;
! adequate roads, sewer facilities, water supply, schools, and other public service facilities are
available;
! new residential development provides for a variety of housing types that are affordable to
families of all income levels;
! new development is located so as to minimize adverse impacts on natural and historic
resources, agricultural operations, and prime agricultural land;
! revitalization of established urban centers is encouraged; and
! a business-friendly environment is fostered.

Within this report, the focus is on the basic tools that are specifically authorized by the MPC, as
mentioned above, as well as other tools that municipalities can use to manage growth in a manner
consistent with the “design of land use controls” provisions set forth throughout the MPC. The
report is organized into three sections. The first part, Primary Planning Tools, contains descriptions
of plans that allow municipalities to forecast and plan for their community’s future. The second part,
Primary Implementation Tools, contains descriptions of ordinances municipalities should be using
to implement their plans for the future. The third and final part contains descriptions of more
specialized planning tools, often referred to as “smart growth” tools, that offer a variety of land use
solutions for urban, suburban and rural areas.

Many of York County’s public officials and community leaders have asked for additional assistance
to plan for and effectively guide development while retaining the unique character of their
communities. This inventory of land use practices and tools is an easy to use reference for these
and other communities. Explanations of the tools, together with maps indicating which
municipalities are using each tool, are provided.

The planning and implementation tools discussed in this report offer a variety of useful ideas for
municipal officials engaging in, or contemplating, sound land use planning and implementation. In
considering sound land use practices, it is important to recognize that managing growth does not
mean stopping growth. Sound land use is about planning for and guiding development, while
enhancing and protecting cultural and natural resources. Implementing sound land use practices
addresses both community and economic development needs, and improves the quality of life for
the residents of the city, boroughs, townships, and small villages of York County. It is the hope of
the YCPC staff that this document will encourage municipalities to work together to preserve
farmland and open space, revitalize urban areas and boroughs, and protect natural resources.

Introduction 1
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Primary Planning Tools

The Primary Planning Tools are the most basic instruments a municipality should employ to guide
growth and development and protect natural resources. These tools contain information on
historical trends and the current conditions of a municipality, and outline a broad vision for the
future. Further, these tools describe the planning principles and concepts necessary to realize the
visions for the future of a municipality or group of municipalities. The Primary Planning Tools are
the foundation for municipal planning and provide municipalities the legal framework through which
to enact and enforce the Primary Implementation Tools and the Smart Growth Tools.

Comprehensive Plan
A Comprehensive Plan is a guide for future growth, development, land use, and community
character. The Plan is the key component and basic building block of a sound land use strategy
in any community. It is an advisory document; not a regulatory ordinance. The Pennsylvania
Municipalities Planning Code (MPC) requires counties, but not local municipalities, to “prepare and
adopt a comprehensive plan.”

Article III of the MPC sets forth the requirements for Plan content, public review and adoption by
the governing body. In addition, Article XI of the MPC provides authority for the preparation and
adoption of multi-municipal Comprehensive Plans. One of the benefits of a multi-municipal Plan,
prepared pursuant to Article XI, is that
each individual participating municipality
does not have to provide for every type
of land use. Instead, uses can be
provided for across the entire region. All
plans, whether individual or multi-
municipal, are required to be given a
complete review every 10 years.

Comprehensive planning can help

facilitate the orderly development and/or
preservation of land. It provides a
process for community dialogue, and
prepares a framework for adoption of
official map, zoning and subdivision and
land development ordinances to
implement the Plan. Other benefits of
comprehensive planning include
allocation of land for a variety of uses to
accommodate population and growth;
early identification of housing,
community facility and public
infrastructure needs; and designation of
sensitive natural and cultural features
t h a t wa r rant protectio n . T h e
Comprehensive Plan’s vision can be
achieved if the Plan is implemented
through consistent ordinances and
actions.

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Capital Improvements Plan (CIP)

The Capital Improvements Plan is a document endorsed and approved by the governing body of
the municipality that schedules all planned expenditures on capital improvements, usually for a 5
to 10 year period. A CIP sets priorities for projects and explains how projects will be financed.

The CIP can be used to assure that spending policies are coordinated with public facilities and
infrastructure improvements planned for in the Comprehensive Plan. Projects that implement the
goals of the municipality’s Comprehensive Plan should be given priority.

This tool is often overlooked by municipal officials when undertaking a Comprehensive Plan.
However, when a CIP is included in the planning process, a clear spending policy based on needs,
priorities, costs and potential funding sources can be set.

Sewage Facilities Plan (Act 537)

The Pennsylvania Sewage Facilities Act (Act 537 as amended) was enacted to correct existing
sewage disposal problems and prevent future problems that pose a threat to public health and
safety, as well as to the environment. To meet this objective, the law requires all municipalities to
develop and implement a Comprehensive Official Sewage Facilities Plan that addresses present
and future sewage disposal needs. The Plan is commonly referred to as an “Act 537" Plan. The
Plan, and any revisions, must be approved by the Pennsylvania Department of Environmental
Protection (DEP).

Act 537 Plans contain information regarding the geology, existing potable water supplies, soils and
natural features of the planning area. The Plan also describes the planning history of the area,
existing sewage facilities, and the population and wastewater flow projections of the planning area.
Finally, the Act 537 Plan looks at wastewater management alternatives, evaluates those
alternatives and selects a course of action appropriate for the needs of the municipality.
Additionally, municipalities with individual approved Plans should update the Plan if they have on-
lot septic system malfunctions, contaminated wells, or a need to upgrade a sewage treatment plant
or extend sewer lines beyond the existing service area. Act 537 Plans should be consistent with,
and based upon, the Comprehensive Plan.

All municipalities in York County have an Act 537 Plan that has been approved by DEP. Most of
these are local municipal plans, but a few rural municipalities continue to fall under the 1972 County
Plan. Gradually, DEP is requiring municipalities that adopted the County Plan to develop a local
Plan since the County Plan has not been updated.

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Recreation Plan
A municipal or multi-municipal Recreation Plan identifies both short-term and long-term recreation,
park and open space goals and objectives of the community. Such Plans can either be part of a
Comprehensive Plan or a stand-alone document.

The planning process typically includes citizen involvement, an inventory of existing conditions and
facilities, an analysis of issues and community needs, and specific recommendations that set forth
actions, priorities and costs. The Pennsylvania Department of Conservation and Natural Resources
(DCNR) sets forth guidelines for what should be included in a Recreation Plan. These guidelines
can be used to assess whether the recreation element in an existing Comprehensive Plan qualifies
as a Recreation Plan. The Dedication of Recreation Land Map contained in this report shows only
those municipalities which have an adopted stand alone Recreation Plan.

It should be noted that Article 5, Section 503(11)(iv) of the MPC requires that a municipality have
an adopted Recreation Plan as a prerequisite to requiring the dedication of recreation land in a
Subdivision and Land Development Ordinance (SALDO). To be in compliance with the MPC and
avoid a legal challenge, municipalities which require dedication for recreational purposes but lack
an adopted Plan, should prepare and adopt a Plan.

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Primary Implementation Tools

The Primary Implementation Tools support and implement the visions for a municipality as outlined
in the Primary Planning Tools. They are designed to coordinate and guide development through
the establishment of land use standards and regulations. The Primary Implementation Tools are
adopted by ordinance and the provisions contained therein are enforceable. The MPC gives
municipalities the authority to enact the following Primary Implementation Tools, with the exception
of the Stormwater Management Ordinance which is authorized by the Stormwater Management
Act (Act 167).

Zoning Ordinance
Article VI of the MPC grants the power to the governing body of each municipality to enact a Zoning
Ordinance in order to implement a Comprehensive Plan or community development objectives.
Section 604 of the MPC sets forth a variety of purposes that zoning ordinance provisions must be
designed to address including, but not limited to, the following:

! to promote, protect and facilitate the public health, safety, morals and general welfare;
coordinated and practical community development; proper density; provision of adequate light
and air, water, sewerage, schools, recreational facilities and parking; preservation of the
natural, scenic and historic values; and/or preservation of forests, wetlands, aquifers and
floodplains;

! to prevent overcrowding of land, blight, danger and/or congestion;

! to preserve prime agriculture and farmland;

! to provide for a variety of dwelling types encompassing all basic forms of housing; and

! to accommodate reasonable overall community growth.

A Zoning Ordinance is composed of two parts, the text and the map. The text of a zoning ordinance
sets forth the community development objectives, and establishes the zoning districts, permitted
uses, and the necessary technical provisions to regulate the use of land and structures including,
but not limited to, bulk, height, area, setback, and coverage. The zoning map delineates the
boundaries of the specific districts or zones created in the ordinance.

Consideration should be given to the character of the municipality, the needs of the citizens and
the suitabilities and special nature of particular parts of the municipality when developing both the
text and the map of the ordinance. The MPC requires general consistency between a municipality’s
Zoning Ordinance and Comprehensive Plan.

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Subdivision and Land Development Ordinance (SALDO)

The SALDO establishes rules, regulations and standards governing the subdivision and
development of land within the municipality. The ordinance requires that all proposed subdivision
and land development plats of land situated within the municipality be submitted for review and
approval of the governing body.

Article V of the MPC grants the governing body of each municipality the authority to regulate
subdivision and land development by enacting a SALDO. The major purposes of subdivision and
land development regulations are to provide adequate sites for development and public use; to
maintain reasonable and acceptable design standards; and to coordinate public improvements with
private development interests.

The SALDO is the most commonly used development control mechanism in Pennsylvania.

Official Map Ordinance

An Official Map is a land use ordinance that is prepared and adopted in accordance with Article IV
of the MPC. This land use technique assists in the implementation of the Comprehensive Plan and
the Capital Improvements Plan. It allows a municipality to reserve private land for future public use,
such as roads, parks, greenways and community facilities. It is comprised of two parts, the text and
a map.

The Official Map identifies both

private and public lands for which
the municipality has a current or
future need. It may focus on one
type of improvement, such as
streets or parkland, but usually
includes a variety of public facilities
or lands. Following notification of a
landowner’s intention to build,
subdivide or otherwise develop the
land covered by the reservation, a
municipality has one year to acquire
the property or begin condemnation
proceedings. Land is obtained by
the municipality, or improvements
are made, through negotiation
and/or compensation. In the
acquisition phase, the municipality
must have an accurate metes and
bounds survey prepared by a
licensed surveyor.

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Transportation Impact Fee Ordinance

Municipalities, other than counties, which have adopted a Comprehensive Plan, Zoning Ordinance,
and Subdivision and Land Development Ordinance, have the authority, per Article V-A of the MPC,
to enact a Transportation Impact Fee Ordinance. If the adopted Comprehensive Plan is a Multi-
Municipal Plan, the municipalities have the authority to enact a Joint Municipal Impact Fee
Ordinance. A Transportation Impact Fee Ordinance allows municipalities to assess developers an
impact fee for off-site publicly owned transportation capital improvements as a condition precedent
to final approval of a subdivision or land development plan within a designated Transportation
Service Area (TSA).

The process to develop a Transportation Impact

Fee Ordinance is well defined in Article V-A of the
MPC. The first step is to adopt a Transportation
Capital Improvements Plan, a prerequisite to
enacting a Transportation Impact Fee Ordinance. A
Committee is then established which in turn,
develops a land use assumptions report, prepares
a roadway sufficiency analysis, identifies capital
improvement projects and recommends the
delineation of one or more TSA’s. A TSA is a
geographically defined portion of the municipality
which may not exceed seven square miles. Impact
fees, typically calculated based on the projected
peak hour vehicle trips of a proposed development,
are then generated for each TSA and authorized by
a municipal ordinance. The fees assist with
roadway capital infrastructure improvements
beyond those required at the development site.

The MPC requires a linkage between the development and the need for transportation
improvements. An impact fee can only be assessed by a municipality to address traffic capacity
concerns resulting from new development, not to correct pre-existing deficiencies.

Prim ary Im plem entation Tools 7

 Municipality Primary Planning Tools Primary Implementation Tools
Capital Traffic Stormwater
Rec Act 537 Zoning Official
Townships Comp Plan Improvements SALDO Impact Fee Management
Plan Plan Ordinance Map
Plan Ordinance Ordinance
Carroll
T T T T T T
Chanceford
O T CountyO T T T
Codorus
TO T County T T
Conewago
TO T T TO T
Dover
T  T T T T
East Hopewell T County T T T
East Manchester T T T T T T
Fairview
TO T T T T TO
Fawn T T T T T
Franklin
T  T T TO T
Heidelberg T County T TO T
Hellam T T T T T T
Hopewell T T T/County T T
Jackson
T T T TO T T
Lower Chanceford
TO  County T T
Lower Windsor T T T T T T
Manchester T V T T T
Manheim T T County T T
Monaghan T T T T T
Newberry T T T T T T
North Codorus T T T T T T
North Hopewell T County T T
Paradise V V V
T  T TO TO T
Peach Bottom
T  T T T T T T
Penn T T T T T
Shrewsbury
TO  T T T T O
Spring Garden T County T T T
Springettsbury T T T T T T T
Springfield T T T T T T
Warrington T T CountyO T TO T
Washington
TO T County T T
West Manchester T T County T T T
West Manheim T T T T T
Windsor
TO T O T/County T T T T
York T V V V T T T V
O= working on a new or updated plan/ordinance
= Regional Plans: Northern-Carroll, Franklin, Dillsburg, Franklintown; Southern- Shrewsbury Twp, Shrewsbury Boro, Glen Rock,
Railroad; Tri-Borough- Dallastown, Red Lion, Yoe; Chanceford/Lower Chanceford/ Felton, Windsor Boro/ Windsor Twp, Dover
Borough/Dover Twp, Jackson/Paradise, Manchester Twp/North York Boro, Peach Bottom/ Delta
V= Municipality did not respond to survey or follow-up phone call
 Municipality Primary Planning Tools Primary Implementation Tools
Capital Traffic Stormwater
Rec Act 537 Zoning Official
Boroughs Comp Plan Improvements SALDO Impact Fee Management
Plan Plan Ordinance Map
Plan Ordinance Ordinance
Cross Roads T County T T
Dallastown
T  County T T T
Delta T T County T
Dillsburg
T  T T T T
Dover T T County T T T
East Prospect V V T T T V
Fawn Grove V V V
T O T T
Felton
O County County T T
Franklintown
T T County O O O
Glen Rock
TO County T T T
Goldsboro T T T T O
Hallam T County T T
Hanover T T T T
Jacobus T T TO TO T
Jefferson T T CountyO T T T
Lewisberry T V V V T T V
Loganville T T T T T
Manchester T County T T T
Mount Wolf T V V V T T V
New Freedom
T O T T T
New Salem T T T T T
North York T V V V T T V
Railroad V V V V
T O T T
Red Lion
T  T T T T
Seven Valleys T T T T
Shrewsbury
T O T T T T
Spring Grove T T T T
Stewartstown T T T T T
Wellsville T County T
West York T County T T T
Windsor
TO T County T T T
Winterstown T County T T
Wrightsville T County T T
Yoe
T  County County T T
York Haven T County T
Yorkana V V V County T V
York City TO T T TO T

(Same legend as previous page)

 Planning and Implementation Tools Report

Smart Growth Tools

Smart Growth Tools are tools utilized by a municipality that go beyond the most basic
implementation tools described in the previous section. These tools are incorporated into a
municipality’s Zoning Ordinance or Subdivision and Land Development Ordinance to help the
municipality to further implement the adopted Plans. Smart Growth Tools impact many aspects of
a community, including housing, transportation, the environment, and historic resources. These
tools are not mandatory by law; however, they are proven to be useful in providing standards which
may create a more desirable, sustainable community in which to live, work and play. Such tools
may also reduce impervious surfaces and, in some instances, reduce inordinately long and costly
extensions of infrastructure.

Alternative Residential Development

In a conventional residential development, most of the land is used for a dwelling lot or street. Very
little land, if any, is set aside for open space. The location of dwellings and proposed streets are
designed first and the preservation of existing natural features is an after thought. In an Alternative
Residential Development, a percentage of the site must be set aside as open space and sensitive
natural features are frequently given top priority in the design process. Residences and streets are
positioned in a manner that protects the identified sensitive features and open space areas. Often
times, ordinances set forth incentives, such as density bonuses, to encourage developers to
provide additional open space. Several different options of Alternative Residential Development are
described below.

Cluster Development
Cluster Development is a residential zoning technique that permits a reduction in lot area, setback,
or other site development regulations, provided that there is no increase in the overall density
permitted for a conventional subdivision in a given zoning district. The remaining land area is used
for common open space. Typically, Cluster Developments contain only residential uses but,
occasionally, smaller neighborhood-oriented commercial uses are permitted as well.

The open space that is protected through cluster design may be owned by a homeowner
association, a nonprofit conservation organization, the municipality, or by a combination of the
above. Cluster Developments are well received by home buyers when the open space is usable,
highly visible, and well distributed throughout the neighborhood. Cluster Developments ideally base
density on net usable land to reflect the number of dwellings that could be built on the property with
a conventional layout. However, frequently, density is calculated on the basis of total tract area
which inflates the density on parcels containing significant amounts of undevelopable land.

A factor that can adversely affect implementation is the typical designation of clustering as a
Special Exception or Conditional Use, which adds to costs and lengthens the review period. Cluster
Developments are ideally offered as a “by-right” option in the zoning ordinance, subject to clear and
detailed standards for both the developed and open space areas of the site.

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Open Space Development/Conservation by Design

Open Space Development/Conservation by Design is either implemented through the Zoning
Ordinance or a combination of a municipality’s Zoning Ordinance and SALDO. This residential
development technique is an enhanced variation on the Cluster Development technique in which,
typically, a higher percentage of the site is dedicated to open space.

The purpose of the Open Space Development/Conservation by Design option is to preserve a

larger amount of land for conservation uses, while still allowing full-density development. The
emphasis of this technique is protecting farmland, woodland habitat, historic sites, and scenic
views. When determining the design of the Open Space Development/Conservation by Design
development, the environmental features to be preserved are delineated first, followed by dwelling
locations and then the road layout. The open space is typically owned and managed by a
homeowner association, but can also be owned by a nonprofit conservation organization, the
municipality, or by a combination of the above. Easements are then placed on the open space to
insure that it will not be further subdivided or developed. The number of dwelling units permitted
is based on the net acreage of buildable land and the density of the zoning district in which
permitted.

A goal of this development technique is that the open space in each new subdivision will ultimately
join together to form an interconnected system of conservation lands. A means sometimes used
to encourage developers to use this design option is to permit a lower density for conventional
developments which consist predominantly of residential lots and streets.

Planned Residential Development (PRD)

Planned Residential Development provisions are a means of permitting and encouraging
innovative, well planned developments. Typically, a variety of housing types are permitted in a PRD
along with low intensity nonresidential uses. PRD provisions, including site design requirements,
are included within the Zoning Ordinance of the municipality.

PRD provisions allow some variation in dimensional and use requirements to achieve the
preservation of sensitive natural areas or historic sites. PRDs may be permitted throughout a
municipality, but more commonly are permitted in limited areas. The site design requirements
typically include minimum site size, maximum density, minimum open space, maximum impervious
surface, etc. The municipality must specify in it’s zoning ordinance where PRD’s are permitted, the
uses to be allowed, and the standards for development.

Article VII of the MPC provides standards and a review process for PRDs which is different from
the subdivision and land development approval process. For example, a PRD development plan
is first submitted for “tentative” approval followed by final approval, while the standard subdivision
and land development process involves a preliminary plan approval and final plan approval. Also,
a public hearing on the PRD is required before the plan can be considered for tentative approval,
while the public hearing process is optional for a subdivision or land development plan. In the case
of final approval, the governing body must render its decision on a PRD within a 45 day period as
compared to having 90 days to render a decision on a subdivision or land development plan. The
overall goal, per the MPC, is to provide a more expeditious method for processing a PRD plan.

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Traditional Neighborhood Development (TND)

A Traditional Neighborhood Development is implemented through a municipality’s Zoning
Ordinance. The definition of a TND as described in Article VII-A of the MPC is as follows: “an area
of land developed for a compatible mixture of residential units for various income levels and
nonresidential commercial and workplace uses, including some structures that provide for a mix
of uses within the same building. Residences, shops, offices, workplaces, public buildings and
parks are interwoven within the neighborhood so that all are within relatively close proximity to each
other.”

Traditional Neighborhood Development is relatively compact and oriented towards pedestrian

activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in
the form of a public park, commons, plaza, square or prominent intersection of two or more major
streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of
interconnecting streets and blocks. That configuration provides multiple routes from origins to
destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.
Article VII-A of the MPC identifies standards for a municipality to follow if they choose to allow for
TND’s.

Recreating small town character is a primary goal of Traditional Neighborhood Development. It

typically requires a large site and/or coordinated development of adjacent sites for full
implementation of the concept.

Florin Hills Development, Mt. Joy, PA

Source: www.co.lancaster.pa.us

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Alternative Residential
Development
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Agricultural Protection
Agriculture is an significant component of the economy of York County. The MPC requires
municipalities to “encourage the development and continuing viability of agricultural operations”
when developing and adopting a Zoning Ordinance. Protecting prime agricultural land and
reducing opportunities for land uses that would be incompatible with agricultural operations are
important to maintaining the long-term viability of agriculture. Below are two examples of
agricultural protection provisions that municipalities can incorporate into their Zoning Ordinance.

Agricultural Protection Zoning (APZ)

Agricultural Protection Zoning is a tool to protect prime agricultural land (class 1-3 soils) which is
required to be protected by the MPC. APZ restricts the number of dwellings or development rights
permitted in Agricultural and/or Conservation Zones.

There are a number of Agricultural Protection Zoning methods such as, but not limited to, sliding,
fixed or percentage based scales. A sliding or fixed scale sets a maximum number of lots that can
be subdivided from any given parcel, based on its acreage on the effective date of the ordinance.
A percentage based scale, on the other hand, limits the percentage of land that can be subdivided.
Municipalities who use APZ often require permitted development to be located on the least
productive soils and sometimes establish a maximum lot size.

An APZ tool would not be applicable in Designated Growth Areas. When APZ is used to its fullest
potential, significantly less development occurs within the agricultural and/or conservation zoned
areas.

Farm in Hopewell Township

Source: York County Planning Commission

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Transfer of Development Rights (TDR)

The definition of TDR as described in Article VI of the MPC is as follows: “the attaching of
development rights to specified lands which are desired by a municipality to be kept undeveloped,
but permitting those rights to be transferred from those lands so that the development potential
which they represent may occur on other lands where more intensive development is deemed to
be appropriate.” In areas where a multi-municipal Comprehensive Plan has been adopted in
accordance with Article XI of the MPC and an Intergovernmental Cooperative Implementation
Agreement has been adopted by the participating municipalities, a TDR program may permit the
transfer of development rights across the boundaries of participating municipalities.

TDR is a zoning tool that allows conservation and development to coexist within a municipality. The
sale of development rights leaves the rural landowner in possession of title to the land and the right
to use the property as a farm, open space or for some related purpose. However, it removes the
owner’s right to develop the property for residential purposes. The value of each development right
is controlled by the open market, not the municipality. The structure of a TDR program must make
it more financially attractive for a farmer to sell development rights than develop land. Additionally,
permitted densities in the receiving area must be set so that the developer obtains greater return
through buying development rights than through accepting the base density of the site for the
program to be successful. The use of TDR’s, however, is not limited to dwellings. Municipalities
have other options, such as providing for the use of TDR’s as a means to obtain increased lot
coverage or floor area for office, commercial and/or industrial uses. Again, an incentive would be
needed to make the TDR’s marketable.

While Article VI, section 619.1, of the MPC authorizes the development of a system for transferring
development rights, it does not provide a procedure for how the transfer is to occur. It is up to each
municipality implementing TDR’s to establish a mechanism to accomplish the transfer. The easier
it is to transfer development rights, the more likely it is that the program will be successful.

18 Sm art Growth Tools

Agricultural Protection
 Planning and Implementation Tools Report

Environmental Protection

Environmental features are those characteristics that exist in nature and have not been created by
humans. A variety of environmental features are inherent to York County and are fundamental to
the County’s character. Such features include, but are not limited to, wetlands, steep slopes,
woodlands, stream valleys, flood plains and natural areas. When planning for development, the
constraints of the natural environment need to be given serious consideration. Below are a variety
of tools that municipalities can adopt and implement to manage and protect critical environmental
resources.

Landscaping
In general, landscaping provisions are a tool within the SALDO, but may be part of a Zoning
Ordinance. Such requirements are above and beyond the typical street tree and buffer/screening
requirements. Landscaping requirements may be applicable in parking lots, the interior of lots, and
within new developments. Landscaping provisions vary from municipality to municipality. Some
local provisions are minimal or nonexistent, while others are extensive.

The municipalities shown on the map all, at a minimum, require landscaping for parking lots of a
certain size. In addition, some local ordinances also contain provisions regarding the number, type
and size of plantings, installation requirements, and maintenance, plus some require the submittal
of a landscaping plan. A landscaping plan is a plan associated with a subdivision, land
development, or parking facility plan which identifies how the ordinance requirements will be met.

Landscaping not only enhances the aesthetic quality of a development, but can also reduce runoff,
reduce particulate air pollution, deter erosion, allow for infiltration of surface water, reduce the
quantity and improve the quality of stormwater runoff, serve as a visual/physical barrier, reduce
noise and glare, and provide a cooling effect.

York Town Center

Source: York County Planning Commission

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 Planning and Implementation Tools Report

Street Trees
Provisions for the planting of street trees are contained in either the municipality’s zoning ordinance
or SALDO. Street trees are beneficial as they can have positive impacts on a municipality’s
economy, health, safety, and energy conservation.

Street trees are a start to developing a healthy urban forest which consists of the tree canopy
above and the plant life below. These urban forests help to clean the air. Green space and tree
canopies reduce heating and cooling needs and absorb large amounts of pollutants such as carbon
dioxide, nitrogen monoxide, and sulfur monoxide. Studies have shown that urban forests can also
help build cohesive communities and have positive economic impacts as well. According to the
National Association of Home Builders, developed lots with trees sell for an average of 20-30%
more than similar lots without trees. A number of municipalities in York County require the planting
of street trees for different types of development. Some municipalities require street trees to be
planted whenever a new road is constructed, while others only require the planting of street trees
when a residential development meets a certain threshold or at the discretion of the governing
body. Some common standards include a recommended tree planting list or statement that only
native trees are permitted, maintenance requirements, and planting standards such as spacing,
minimum size, and setback requirements.

In order for a community to get the most benefits from their street trees, a municipality should have
an inventory of their trees, an organized program for the removal and pruning of the trees,
municipal and private funding sources and supporting ordinances.

Wrightsville Borough
Source: York County Planning Commission

Sm art Growth Tools 21

Landscaping and
Street Trees
 Planning and Implementation Tools Report

Protection of Sensitive Environmental Areas

Article III, Section 301(a)(6),of the MPC states that the municipal, multimunicipal or county
Comprehensive Plan shall include a plan for the protection of natural and historic resources. In
addition, Article VI, Section 603(g)(2), of the MPC states that Zoning Ordinances shall provide for
the protection of natural and historic features and resources. York County has numerous natural
resources and sensitive environmental areas including,
but not limited to, steep slopes, floodplains, natural area
inventory sites, wetlands, woodlands, waterways and
ground water sources.

Protecting York County’s sensitive environmental

features can be accomplished by many different
provisions. One option is to create a Restricted
Development or Critical Environmental Overlay Zone in
the Zoning Ordinance which reflects the sensitive or
critical environmental areas identified in the municipality’s B og T urtle
S ource: York C ounty Planning C om m ission
Comprehensive Plan. This provides a general indication
of where such features are located. Specific locations can then
be required to be shown on subdivision and land development
plans and applicable permit applications. The text of the Zoning Ordinance would set forth specific
regulations to protect the identified features. The other option is to simply enact protection
standards without the overlay zone. Some common protection standards may include stream
corridor provisions or riparian buffers, the establishment of wellhead protection areas, steep slope
provisions which limit disturbance on slopes greater than 15%, and woodland canopy provisions.
The protection of natural resources has many benefits including, but not limited to, improved water
quality, reduced runoff and flooding, maintenance of plant and animal habitats and ecosystems,
less erosion, stabilized stream banks, natural buffers and biodiversity. All of these benefits
contribute to an improved quality of life and the sustainability of natural ecosystems.

Provisions to protect floodplains and wetlands are most prevalent in municipal ordinances in York
County, and a number of SALDO’s contain general provisions that reference the preservation of
trees, groves, and waterways. However, in many cases, an ordinance states that the protection
of these features is at the discretion of the governing body, with no precise requirements. The
municipalities shown on the following map all require the protection of critical environmental areas
above and beyond the typical provisions to
protect floodplains and wetlands and the
general provisions that reference the
preservation of trees, groves, and
waterways. In order to truly satisfy the
MPC requirement, and adequately protect
and preserve sensitive environmental
areas, it is suggested that municipalities
adopt specific provisions to protect critical
environmental areas. It is important to note
that some municipalities have enacted
overlay zones and/or specific provisions to
protect a variety of environmental
resources that can serve as models for
Fish for Fun Area at Spring Valley County Park other municipalities to consider.
Source:: www.york-county.org

Sm art Growth Tools 23

Protection of Sensitive
Environmental Areas
 Planning and Implementation Tools Report

Transportation
Transportation Planning is a critical component of a municipality’s local planning efforts.
Municipalities are working to keep infrastructure and development in sync with one another. By
enacting provisions regarding parking and the submittal of Traffic Impact Studies, municipalities
can better manage the consequences of development.

Flexible/Shared Parking
To reduce impervious surface and lessen the impact of point source pollutants, some municipal
Zoning Ordinances allow for Flexible or Shared Parking. Shared/Flexible Parking takes advantage
of the fact that parking spaces for certain uses are only used part-time, such as houses of worship.
Some parking facilities may have a significant portion of unused spaces and utilization patterns
that follow a predictable cycle.

Shared Parking occurs when arrangements are made by one facility to use another facility’s
parking at certain times to take advantage of different peak parking demand periods. Efficient
sharing of spaces can allow some parking regulations to be reduced significantly. Some parking
lots are seldom or never full, even during peak periods.

Flexible Parking improves upon general parking standards by providing, where appropriate,
flexibility based on certain considerations, such as geographic location, transit accessibility, type
of land use mix, type of occupants, walkability, density, etc. Depending on the above listed
characteristics, the number of spaces required is reduced based on applicability of identified
factors. Some municipal ordinances allow a percentage of required parking to be held in reserve
(unpaved) or use a pervious surface for a percentage of the parking, until it is proven that the
additional parking is needed. Other ordinances may allow on-street parking spaces to count
towards off-street parking requirements in certain situations.

In some instances, regulations in municipal ordinances allow for shared parking but require the
combined minimum amount of parking spaces for each use. This approach negates the purpose
and most of the benefits of shared parking. When parking spaces are shared between uses, the
total number of spaces required should ideally be less than what is required for all uses using the
shared parking area.

Sm art Growth Tools 25

 Planning and Implementation Tools Report

Traffic Impact Studies (TIS)

A Traffic Impact Study assesses the effects that the potential traffic generation of a proposed
development will have on the transportation network in the community. These Studies vary in
range of detail and complexity depending on the type, size and location of the development. TIS
provisions are typically contained in a municipality’s SALDO.

Traffic Impact Studies gather and analyze information that will help determine the need for any
improvements to interior, adjacent, and nearby road systems. TIS’s are an important element in
assisting local governments with making land use decisions. These Studies can be used to help
evaluate whether the development is appropriate for a site and what type of transportation
improvements may be necessary. Traffic Impact Studies help communities to:

! Forecast additional traffic associated with new development, based on accepted practices.
! Assess the impacts that a proposed development may have on the municipal roadway network.
! Determine the improvements that are necessary to accommodate the new development.
! Assist communities in land use decision making.
! Assist in allocating resources to areas which need improvements.
! Identify potential problems with the proposed development which may influence the developer’s
decision to pursue it.
! Ensure safe and reasonable traffic conditions on streets after the development is complete.
! Reduce the negative impacts created by developments by helping to ensure that the
transportation network can accommodate the development.
! Insure appropriate configuration of the development with the existing transportation system.

A TIS is not necessary for every development. Those developments that are unlikely to generate
significant traffic generally do not need a TIS. The standard approach for determining whether a
TIS should be required for a proposed development
is the use of trip generation data. The trip generation
of a proposed development is essentially the number
of inbound and outbound vehicle trips that are
expected to be generated by the development during
an average day or during peak hour traffic. Many
municipalities require a TIS when a proposed
development will generate 250 average daily vehicle
(ADV) trips or more per day. Based on the Institute
of Transportation Engineers Trip Generation Manual,
approximately 250 ADV trips are generated by 25
single-family detached dwellings. Municipalities are
encouraged to use a specific number of ADV trips
instead of a number of proposed dwelling units so
that residential uses and non-residential uses do not
operate under different standards when a TIS is
required.

26 Sm art Growth Tools

Transportation Related Tools
 Planning and Implementation Tools Report

Other

York County is rich in historical, scenic, and natural resources. The extensive recreational
opportunities and cultural features are important to both the economic and social well-being of
County residents. By protecting the history of the area, and incorporating new parks and greenways
into proposed development, municipalities can both preserve and ameliorate the scenic natural and
cultural environment that attracts so many people to York County.

Dedication of Recreation Land/Fee in Lieu of

When a municipality has an adopted Recreation Plan (see Primary Planning Tools), the
municipality has the ability/authority under the MCP to include provisions within a SALDO to require
a developer to dedicate land or pay a fee in lieu of such dedication and/or construct facilities for
recreation purposes.

The provisions can be met by either dedicating land to the municipality, the private reservation of
land, paying a fee to the municipality, developing a recreation area on part of the development
property or any combination of the above options. Typically, the option chosen is determined in part
by the recreation needs of the community as set forth in the Recreation Plan.

The amount of land to be dedicated and the fee in lieu of dedication are typically established on
a per residential lot or dwelling unit basis. The procedures and provisions necessary for the
dedication of recreation land are contained Article V, Section 503(11)(iv) of the MPC.

28 Sm art Growth Tools

Dedication of Recreation Land
 Planning and Implementation Tools Report

Historical/Cultural Preservation
Article III, Section 301(a)(6), of the MPC requires that Comprehensive Plans contain a plan for the
protection of historic resources which may necessitate the need for a historical and architectural
survey or inventory. Two forms of State legislation provide the authority for municipalities in
Pennsylvania to adopt regulations to protect historic and cultural resources; the Historic District Act
(Act 167 of 1961) and the MPC [Article VI,
Section 603(g)(2)]. Implementing appropriate
provisions can serve to inform property
owners about the historic features of
buildings and encourage preservation, protect
historic buildings from degradation or
destruction, preserve the historic/cultural
heritage of the community, increase property
values, and promote heritage tourism.

Historic District Act: Through the Historic

District Act, municipalities propose an Historic
District, based on a detailed study, which is
submitted to the Pennsylvania Historic and
Museum Commission (PHMC) for certification
of the historic significance of the area. The
municipality then may proceed to adopt an
Historic District Ordinance which documents Plow Tavern
the boundaries of the District; creates an Historic Source: York County Planning Commission
Architectural Review Board (HARB) that is advisory to
the governing body; describes the duties, powers and responsibilities of the HARB; provides very
specific design guidelines and criteria for making recommendations and decisions; and establishes
the fines and penalties for violation of Ordinance requirements (model and sample ordinances are
available from PHMC). According to the Act, a HARB must have a minimum of five members,
including a registered architect, licensed real estate broker, and building inspector. Other members
must have knowledge of, and interest in, the preservation of the historic district.

MPC: The MPC in essence provides the authority for

municipalities to protect historic resources that may not
qualify for protection under the Historic District Act, such as
sites that are widely dispersed, or to protect qualifying
Historic Districts when the municipal governing body finds
it difficult, or determines it is not in the community’s best
interest, to regulate in accordance with Act 167. In fact,
Section 603(g)(2) of the MPC simply states that Zoning
Ordinances shall provide for protection of natural and
historic features and resources. This should, at a minimum,
include National Register listed and eligible sites and sites
that have been deemed and documented to be of local
significance. Zoning provisions often involve establishing a
historic overlay zone, restricting demolition, requiring a
“special review” when an applicable permit application is
sought for an identified site, offering bonuses or incentives
for the preservation of identified historic resources, and
Codorus Furnace setting forth measures to protect historic sites from
Source: www.yorklinks.net negative impacts that could result from neighboring land

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 Planning and Implementation Tools Report

uses. The purpose of the “special review” is to inform property owners of the significant historic
features of the site, mitigate the negative effects of proposed changes affecting identified
resources, encourage the preservation and continued use of resources, and facilitate the
appropriate reuse of resources. Municipalities may opt to create an Historic District Committee to
conduct the special reviews and make recommendations to the governing body. The local
Planning Commission could be designated as the Historic District Committee or a new Committee,
comprised of persons with knowledge of, and interest in, historic preservation, could be
established.

Historic Resources Impact Assessment Report: Another tool to protect historic resources is to
require an Historic Resources Impact Assessment Report in conjunction with the submission of
subdivision and land development plans. In addition, municipalities may designate identified
historic sites that the municipality would be interested in acquiring on an Official Map.

Provisions to preserve and protect historically significant structures and districts can be found in
Ordinances throughout York County. However, a number of those provisions are general standards
set forth in a Subdivision and Land Development Ordinance and only applicable at the discretion
of the governing body. Thus, the effectiveness of that approach is uncertain. York City is the only
municipality in York County that has an Historic District Ordinance under Act 167. Considering the
abundance of historic/cultural features located throughout the County, all municipalities containing
such features should consider implementing measures to protect such resources. In drafting
regulations, municipalities are advised to seek the guidance of the PHMC staff.

Before

Cross M ill
East Hopewell Township
Source: York County Planning Commission

After

Sm art Growth Tools 31

Historical/Cultural
Preservation
 Alternative Residential Agricultural
Municipality Transportation Environmental Other
Developments Protection
Protection of Historic/
Open Shared Land- Street Ded. of
Townships Cluster
Space
PRD TND APZ TDR
Parking
TIS
scaping Trees
Environm ental
Rec
Cultural
features Preservation

Carroll T T T T T T T T

Chanceford T T T T

Codorus T T T T

Conewago T T T T

Dover T T T T T T T

East Hopewell T T T

East Manchester T T T T T T T

Fairview T T T T T

Fawn T T T T

Franklin T T T T T T T T

Heidelberg T T

Hellam T T T T T T T T T T

Hopewell T T T

Jackson T T T T T T T

Lower Chanceford T T T T

Lower Windsor T T T T T T T T T

Manchester T T T T T T

Manheim T T T T T T

Monaghan T T T T

Newberry T T T T T T T T T

North Codorus T T T T T T T T T

North Hopewell T

Paradise T T

Peach Bottom T T T T T

Penn T T T T T T T

Shrewsbury T T T T T T T

Spring Garden T

Springettsbury T T T T T T T

Springfield T T T T T T T T

Warrington T T

Washington T T T T

West Manchester T T T T T T T T

West Manheim T T T T T T T

Windsor T T T T T T

York T T T T T T T T T

The information contained in this chart is based upon the review of the municipality’s SALDO and ZO on file at the YCPC.
 Alternative Residential Agricultural
Municipality Transportation Environmental Other
Developments Protection
Protection of Historic/
Open Shared Land- Street Ded. of
Boroughs Cluster
Space
PRD TND APZ TDR
Parking
TIS
scaping Trees
Environm ental
Rec
Cultural
features Preservation

Cross Roads T T

Dallastown T

Delta T T T T

Dillsburg T T T

Dover T T T T

East Prospect T T

Fawn Grove T T T T

Felton T T T

Franklintown T T

Glen Rock T T T

Goldsboro T T T T T

Hallam T T T

Hanover T

Jacobus T

Jefferson T T T T

Lewisberry T T

Loganville T T T

Manchester T T

Mount Wolf T

New Freedom T T T T T

New Salem T T T

North York T T T T

Railroad T T

Red Lion T

Seven Valleys T T T

Shrewsbury T T T

Spring Grove T T T T T T T T

Stewartstown T T T

Wellsville T

West York T T

Windsor T T

Winterstown T T

Wrightsville T T

Yoe T T

York Haven T T T

Yorkana T T T

York City T T T T T

The information contained in this chart is based upon the review of the municipality’s SALDO and ZO on file at the YCPC.
Check marks in red indicate smart growth tools contained within the York County SALDO.
 Planning and Implementation Tools Report

Conclusion
This report has provided an overview of planning and implementation tools being used by
municipalities in York County. Some of the tools are specifically authorized by the MPC, while
others are tools designed to meet MPC requirements. A majority of municipalities in the County are
using the primary planning and implementation tools, while use of the smart growth tools is more
sporadic. Although many tools have been presented, this document is by no means an exhaustive
list of all the planning tools available. There is a plethora of informational sources available to
municipalities through the YCPC, the American Planning Association (APA), the Pennsylvania
Chapter of the APA, and many other planning and environmental agencies, as well as an
abundance of publications.

Information regarding the use of the specified tools was obtained through two mechanisms. First,
the municipal plans and ordinances currently on file at the York County Planning Commission were
reviewed. Second, a municipal survey regarding adopted plans and ordinances that are not
required to be submitted to the YCPC was conducted. The nature of municipal plans and
ordinances is that they are updated or amended, thus the staff of the YCPC will be revisiting and
updating this report periodically.

The appendix, which follows, contains a series of maps indicating the age of adopted municipal and
multi-municipal Comprehensive Plans, Zoning Ordinances and Subdivision and Land Development
Ordinances in the County. This data is based on YCPC file copies of the plans and ordinances. The
maps also indicate municipalities which are either in the process of a major update or preparing
a new plan or ordinance. A review of the maps indicates that 50% of the Comprehensive Plans,
36% of the Zoning Ordinances and 22% of the Subdivision and Land Development Ordinances are
less than 10 years old. Many of the municipal plans and ordinances that are greater than 10 years
old are currently being updated. This is a strong indication of the important role that planning plays
in local municipalities. The Comprehensive Plan map also indicates that almost 35% of the
municipalities have either adopted or are preparing a multimunicipal plan. Although inter-municipal
cooperation is not listed as a specific tool in this report, it is important to note that joint planning can
prove to be very beneficial. Municipalities commonly experience impacts from development that
occurs beyond their political boundaries, such as traffic, stormwater runoff, and use of recreational
facilities. By working together and maintaining open doors of communication, many potential
problems can be avoided or more easily addressed. Also, joint planning is often more cost effective
and receives priority consideration by many funding sources.

In summary, the intent of this report is to provide York County municipalities with a planning and
implementation tool resource. As local governments review and update their plans and ordinances,
they are encouraged to contact municipalities that are using a particular tool to obtain a copy and/or
to gain insight regarding its effectiveness. Additionally, municipalities can contact the YCPC staff
for more information, sample regulations, and technical assistance.

Conclusion 37
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Appendix
PAGE INTENTIONALLY LEFT BLANK
 Status of
Comprehensive Plans
in York County
Status of Zoning
Ordinances in
York County
Status of Subdivision
& Land Development
Ordinances in
York County