IN THE MATTER OF THE

1. The Applicant/Owner is Richard Yingst of 7100 Fishing Creek Valley Road, Harrisburg, Pennsylvania 17112.

2. Applicant is the equitable owner under an Agreement of Sale of an 83 acre property located south of Rabbit Lane and east of Fairville Avenue.

3. The tax parcel number for the subject property is 68-020-002.

4. The property is located within the Flexible Rural Agriculture (FRA) zoning district and partly within the Rural Residential (RR) zoning district.

5. The property is traversed by a stream known as Walnut Run and the stream is the boundary line between the RR zoning district to the north and the FRA zoning district to the south.

6. Approximately 40 of the 83 acres are located south of Walnut Run and a private driveway and culvert/bridge over Walnut Run is necessary in order to gain access to that area.

7. Applicant intends to provide only one building lot south of Walnut Run, with the balance of the area south of Walnut Run to be open space.

8. Access to the property south of Walnut Run currently is over an unimproved driveway which goes through the creek and is located at the western end of the subject property.

9. Although FEMA allows an increase in the flood heights of up to one foot when constructing improvements within the floodplain, the Zoning Ordinance prohibits any increase in the flood heights in the section discussing the criteria necessary to obtain a special exception to construct improvements within the floodplain.

10. However, Section 195-76.B(1) of the Zoning Ordinance addresses general procedures and requirements and states that no variance shall be granted for any construction within any floodway area that would cause any increase in the 100 year flood elevation in excess of the Pennsylvania allowable surcharge of one foot.

11. Initially, Applicant was requesting a variance from the provisions of the Zoning Ordinance which prohibit any increase in the flood height, so that within the subject property the flood heights could be increased by no more than one foot.

12. Applicant withdrew the request for a variance from those provisions.

13. The residential building lot to the south of Walnut Run is marked as Lot No. 7 on the Plan and consists of approximately 25 acres.

14. Applicant specifically agreed that if the special exception were granted that it be conditioned upon no further subdivision of Lot No. 7 or other area south of Walnut Run.

15. Members of the public appeared at the hearing and asked questions and offered testimony in opposition to the requested special exception.

16. Marlene Murray of 8031 Rabbit Lane lives to the east of the proposed subdivision and expressed her concern regarding increased traffic and similar matters. The Township Representative responded that her concerns would be addressed by the Planning Commission and Board of Supervisors in connection with the subdivision plan process.

17. A resident of 809 Kiwanis Road expressed his concerns regarding stormwater runoff and interference with the wetlands. The Township Representative responded that his concerns would be addressed by the Planning Commission and Board of Supervisors in connection with the subdivision plan process.

18. Linda Garland testified concerning the increased likelihood of flooding resulting from the subdivision of the 16 residential lots.

19. John Murray testified as to his concerns about not preserving the wetlands if the special exception permitting crossing the stream and wetlands were to be granted.

Notice of the public hearing held on January 10, 2002 was properly advertised, notice was posted at the municipal building, the subject property was properly posted and all adjoining property owners were notified by certified mail.

CONCLUSIONS

1. Section 195-72.B(2)(b) permits construction of public facilities and improvements such as streets, bridges and other similar or related uses within the floodplain.

2. The improvements proposed by the Applicant are permitted by special exception by the foregoing section of the West Hanover Township Zoning Ordinance.

3. Section 195-200.C. provides for the general standards for granting a special exception as follows:

a. the proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zoning district;

b. adequate water supply, sewage disposal, storm drainage and fire and police protection are or can be provided for the use;

c. the use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences; and

d. the use will have proper location with respect to existing or future streets, and will not create traffic congestion or cause nonresidential traffic on local residential streets.

4. The evidence and testimony presented at the zoning hearing established compliance with the foregoing general standards for granting a special exception.

5. Section 195-77.A. provides specific review factors for applications for special exceptions within the Floodplain Overlay District including consideration of possible increased flood heights or velocities and susceptibility of the proposed facilities to flood damage.

6. The specific requirements for approval of a special exception within the Floodplain Overlay District are satisfied and have been supported by the evidence and testimony presented at the zoning hearing, and also by virtue of the specific conditions agreed to by Applicant.

7. Section 195-200 of the Zoning Ordinance and Section 912.1 of the Pennsylvania Municipalities Planning Code provide that a Zoning Hearing Board can grant special exceptions in accordance with specific standards and criteria and may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance and the Pennsylvania Municipalities Planning Code.

8. The Zoning Hearing Board suggested and the Applicant specifically agreed that if the special exception for construction of the driveway and culvert/bridge across Walnut Run and through the floodplain were granted that it be subject to the reasonable conditions that Applicant:

A. comply with any and all federal and state statutes, rules and regulations and any and all municipal ordinances and regulations relative to construction within the wetlands and floodplain; and

B. that there be no further subdivision of Lot No. 7 nor of any of the other portion of the subject property located south of Walnut Run.

DECISION

In view of the foregoing findings and conclusions, and in view of the evidence and testimony presented to the Zoning Hearing Board, it is the decision of the Board that the requested special exception permitting construction of the driveway and culvert/bridge over Walnut Run through the floodplain and/or wetlands as requested by the Applicant be and is hereby GRANTED, conditioned upon the following:

A. The Applicant and/or his successor comply with any and all federal and state statutes, rules and regulations and any and all municipal ordinances and regulations relative to construction within the wetlands and floodplain; and

B. that there be no further subdivision of Lot No. 7 nor of any of the other portion of the subject property located south of Walnut Run.

DATE: WEST HANOVER TOWNSHIP ZONING HEARING BOARD

Brian F. Jacobeen

Ruth C. Shields

Norma J. Gruber

Neil R. Shatto