All land and watercourses defined herein as
floodplains shall be subject to the following regulations regardless
of the district regulations for the district within which such land
and watercourses are located:
A.
Intent. It is the intent of this section to preserve
the natural functions of floodplains, to protect life and property
from the hazards of flooding, to protect the waters of the Township
and to minimize the financial burdens which floods impose upon the
community. These purposes shall be advanced by preventing certain
uses and structures from locating in floodplains while allowing others
which will not:
B.
Permitted uses. Floodplains may be used only for the following, provided that such uses and structures do not conflict with the limitations of Subsection C below:
(1)
The tilling of the land, the raising of crops, fruits
and vegetables and, in districts where permitted, the raising and
keeping of livestock and poultry.
(2)
Horticultural uses related to the raising, propagating
and selling of trees, shrubs, flowers and other plant materials.
(3)
Forestry uses related to the harvesting of lumber
products.
(4)
Public and private conservation areas for the conservation
of open space, water, soil and wildlife resources.
(5)
Park and recreational areas, including golf courses
and driving ranges in districts where permitted.
(6)
Essential services, provided that such facilities
are designed and built to minimize and eliminate flood damage and
infiltration.
[Amended 4-14-1983 by Ord. No. 59-C]
(7)
Retaining walls, flood retention dams, culverts and
bridges as permitted by the Pennsylvania Department of Environmental
Resources.
(8)
Parking lots, sidewalks, bike paths and other similar
paths.
[Amended 4-16-2009 by Ord. No. O-09-08]
(9)
Customary uses accessory to the above.
C.
Use limitations. The uses permitted above in Subsection B are limited as follows:
(1)
All buildings, even if customarily associated with
the uses permitted, are prohibited, except buildings used solely to
house fixed mechanical equipment and park shelters.
(2)
All other uses are prohibited, including but not limited
to the following, which are not interpreted as being customary accessory
uses:
(a)
Filling in of the floodplain or relocation of
any watercourse.
(b)
Sanitary landfill or dumping of any kind.
(c)
Fences, except fences which will not impede,
retard or change the direction of the flow of water or catch or collect
debris carried by such water.
(d)
Outdoor storage of materials which are buoyant,
flammable or explosive or those hazardous materials listed in Section
38.7 of the Pennsylvania Department of Community Affairs Flood Plain
Management Regulations.
[Amended 4-14-1983 by Ord. No. 59-C]
(e)
On-site sewage disposal systems.
(f)
Any development within the floodway portion
of the floodplain that would cause any increase in the one-hundred-year
flood elevation.
[Added 7-13-1989 by Ord. No. O-89-03]
(g)
Any development within any FE (Special Floodplain
Area), no new construction or development shall be allowed unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the elevation of the one-hundred-year flood more
than one foot at any point.
[Added 12-4-2003 by Ord. No. O-03-18; amended 4-16-2009 by Ord. No. O-09-08]
(3)
The Township shall issue a permit only after it has
been determined that the proposed development will be in conformance
with the permit requirements of governmental agencies from which approval
is required by federal or state law.
[Added 12-4-2003 by Ord. No. O-03-18]
(4)
Nonresidential structures within an identified floodplain area. The following minimum standards shall apply for nonresidential structures within any identified floodplain area for items permitted in § 200-30B above or those items approved through variance or other means which supersedes the authority of these regulations herein:
[Added 4-16-2009 by Ord. No. O-09-08]
(a)
Within any identified area, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the one-hundred-year
flood elevation, or be designed and constructed so that the space
enclosed by such structure shall remain either completely or essentially
dry during any flood up to that height.
(b)
Any nonresidential structure, or part thereof, having a lowest
floor which is not elevated up to, or above, the one-hundred-year
flood elevation shall be floodproofed in a completely or essentially
dry manner in accordance with the W1 or W2 space classification standards
contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above-referenced standard.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (including basement)
is prohibited.
[2]
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following
minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(5)
Permitted construction and development. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area for items permitted in § 200-30B above or those items approved through variance or other means which supersedes the authority of these regulations herein.
[Added 4-16-2009 by Ord. No. O-09-08]
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only, sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one vertical to two horizontal feet, unless
substantiated data, justifying steeper slopes, are submitted to, and
approved by, the Building Permit Officer; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(d)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(g)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(h)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
[2]
Plywood used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
[3]
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(i)
Paints and adhesives.
[1]
Paints and other finishes used at or below the regulatory flood
elevation shall be of "marine" or "water-resistant" quality.
[2]
Adhesives used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or "water-resistant" paint or other finishing
material.
(k)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(l)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(m)
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances; will be
used for any activity requiring the maintenance of a supply of more
than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve
the production, storage, or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
[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]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(n)
Within any FW (floodway area), any structure of the kind described in Subsection C(5)(m) above shall be prohibited.
(o)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection C(5)(m) above shall be:
[1]
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the one-hundred-year flood; and
[2]
Designed to prevent pollution from the structure or activity
during the course of a one-hundred-year flood. Any such structure,
or part thereof, that will be built below the regulatory flood elevation
shall be designed and constructed in accordance with the standards
for completely dry floodproofing contained in the publication "Flood-Proofing
Regulations" (U.S. Army Corps of Engineers, June 1972, as amended
March 1992) or with some other equivalent watertight standard.
(p)
Existing structures. The provisions of this Ordinance No. O-09-08
do not require any changes or improvements to be made to lawfully
existing structures. However, when an improvement is made to any existing
structure, the following provisions shall apply:
[1]
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
[2]
No expansion or enlargement of an existing structure shall be
allowed within any FE area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
[3]
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of 50%
for more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this Ordinance No. O-09-08.
(6)
Existing
structures. If an improvement to an existing structure is permitted,
the following provisions shall apply:
[Added 4-16-2009 by Ord. No. O-09-08]
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(b)
No expansion or enlargement of an existing structure shall be
allowed within any FE area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement,
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this Ordinance No. O-09-08.
D.
Site plan review. All applications for zoning permits for lots, uses and structures located within a floodplain or 100 feet therefrom shall submit, along with the application, a site plan as required in Article X of this chapter.
E.
Identification.
[Amended 4-14-1983 by Ord. No. 59-C; 7-13-1989 by Ord. No.
O-89-03]
(1)
For the purposes of this section, the "identified
floodplain area" shall be any areas of College Township subject to
the one-hundred-year flood, which is identified as Zone A (area of
special flood hazard) in the Flood Insurance Study (FIS) dated May
4, 2009, and the accompanying maps or the most recent revision thereof
as issued by the Federal Emergency Management Agency, including all
digital data developed as a part of the Flood Insurance Study.
[Amended 4-16-2009 by Ord. No. O-09-08]
(2)
The identified floodplain area may be revised or modified
by the College Township Council where studies or information provided
by a qualified agency or person documents the need for such revision
or modification. However, prior to any such change, approval must
be obtained from the Federal Emergency Management Agency.
(3)
Should a dispute concerning any identified floodplain
boundary arise, any party aggrieved by such determination may appeal
to the College Township Zoning Hearing Board. The burden of proof
shall be on the appellant.
(4)
The
identified floodplain area shall consist of the following specific
areas:
[Added 4-16-2009 by Ord. No. O-09-08]
(a)
FW (Floodway Area): The areas identified as “floodway”
in the AE Zone in the Flood Insurance Study prepared by FEMA. The
term shall also include floodway areas which have been identified
in other available studies or sources of information for those floodplain
areas where no floodway has been identified in the Flood Insurance
Study.
(b)
FF (Flood-Fringe Area): the remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
as shown in the flood profiles contained in the Flood Insurance Study.
(c)
FE (Special Floodplain Area): the areas identified as Zone AE in
the Flood Insurance Study, where one-hundred-year flood elevations
have been provided but no floodway has been delineated.
(d)
FA (General Floodplain Area): the areas identified as Zone A in the
FIS for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state, and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question.
(e)
In lieu of the above, College Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail for review.
F.
Variances. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article X, Administration and Enforcement.
[Amended 7-13-1989 by Ord. No. O-89-03]
(1)
If granted, a variance shall involve only the least
modification necessary to provide relief. If it 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 (Section 60.3[d]), including the requirements for elevations,
floodproofing and anchoring. The applicant must also comply with any
other requirement considered necessary by College Township.
[Amended 12-4-2003 by Ord. No. O-03-18]
(2)
In granting any variance, College Township shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety and welfare, and to
achieve the objectives of this section.
(4)
In reviewing any request for a variance, the Zoning
Hearing Board shall consider, at a minimum, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
That the granting of the variance will neither
result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety or extraordinary public expense
nor create nuisances, cause fraud on or victimize the public or conflict
with any other applicable state or local ordinances and regulations.
(5)
A complete record of all variance requests and related
actions shall be maintained by the Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
(6)
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of
resisting the one-hundred-year flood.
(7)
No variance shall be granted within the floodway which
would cause any increase in the one-hundred-year flood elevation.
(8)
No variance shall be granted for any development within
Zone AE and not in the floodway where the cumulative effect of the
proposed development when combined with all other existing and anticipated
development would cause more than a one-foot increase in the one-hundred-year
flood elevation within the Township.
[Added 12-4-2003 by Ord. No. O-03-18]
G.
No modification or revision of any floodplain area
shall be made without approval of the Federal Emergency Management
Agency.
[Added 4-14-1983 by Ord. No. 59-C; amended 7-13-1989 by Ord. No.
O-89-03]
H.
Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this section should be declared invalid
for any reason whatsoever, such decision shall not affect the remaining
portions of this section which shall remain in full force and effect,
and for this purpose, the provisions of this section is hereby declared
to be severable.
[Added 4-14-1983 by Ord. No. 59-C; amended 7-13-1989 by Ord. No.
O-89-03]
I.
Municipal liability. The degree of flood protection
sought by the provisions of this section is considered reasonable
for regulatory purposes in the identified floodplain area(s). Larger
floods may occur on rare occasions. Flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This section does not imply that areas outside
any identified floodplain area, or that land uses permitted within
such areas will be free from flooding or flood damage. This section
shall not create liability on the part of the Township or any officer
or employee thereof for any flood damages that result from reliance
on this section of any administrative decision lawfully made thereunder.
[Added 7-13-1989 by Ord. No. O-89-03]
J.
This section
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 No. O-09-08, the more restrictive shall
apply.
[Added 4-16-2009 by Ord. No. O-09-08]
K.
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, Borough, etc.) and until all
required permits or approvals have been first obtained from the Department
of Environmental Protection Regional Office. In addition, the Federal
Emergency Management Agency and Pennsylvania Department of Community
and Economic Development shall be notified by the Township prior to
any alteration or relocation of any watercourse.
[Added 4-16-2009 by Ord. No. O-09-08]
L.
Zoning
permits shall be required before any construction or development is
undertaken within floodplain area of the Township.
[Added 4-16-2009 by Ord. No. O-09-08]
M.
No new
construction or development shall be allowed unless a permit is obtained
from the Department of Environmental Protection Regional Office.
[Added 4-16-2009 by Ord. No. O-09-08]
All land defined herein as having steep slopes
shall be subject to the following regulations:
A.
Intent. It is the intent of this section to control
the development of land in areas containing excessive topography for
the following purposes:
(1)
To limit erosion and sedimentation.
(2)
To protect watersheds and limit increases in stormwater
runoff.
(3)
To prevent an increase in the possibilities of landslides
and soil subsidence.
(4)
To maintain adequate foliage cover on hillsides.
(5)
To protect streams from increases in sediment and
pollution.
B.
Permitted uses. Steep slopes may be used as permitted
by the district regulations for the district within which they are
located, subject to the additional requirements below.
C.
Principles of development. Wherever possible, structures
and grading of land shall only be located on portions of a lot where
the slope is less than 25%, as herein defined. However, where it is
necessary to use steep slopes to permit development of a lot, all
such proposals shall, in addition to other applicable regulations
of this chapter, be in accordance with the following principles of
development. All development on steep slopes shall:
(1)
Be oriented so that grading and other site preparations
are kept to an absolute minimum.
(2)
Where grading is essential, shape such grading to
compliment the natural land form.
(3)
Be staged where necessary to complete construction
of each stage during a season so that large areas of disturbed land
are not left bare and exposed during the winter-spring runoff period.
(4)
Accomplish all paving as rapidly as possible after
grading.
(5)
Allocate to open space and recreation uses those areas
least suited to development, as evidenced by competent soils, geology
and hydrology investigations.
(6)
Landscape areas around structures to blend them with
the natural landscape.
(7)
Take measures to minimize erosion and sedimentation
and to limit increases in stormwater runoff in accordance with related
regulations of the Township and the Commonwealth of Pennsylvania.
D.
Site plan review. All applications for zoning permits for lots, uses and structures located in whole or in part on land with steep slopes shall submit, along with the application, a site plan as required in Article X of this chapter. Such application shall also include a stormwater runoff plan as required by the College Township Subdivision and Land Development Ordinance[1] and a copy of the erosion and sedimentation control plan
as required by the Pennsylvania Department of Environmental Resources.
All uses of land and structures shall be prohibited
which:
A.
Produce heat or vibration perceptible beyond the lot
line.
B.
Produce glare from any process which emits harmful
ultraviolet rays, including arc welding and acetylene torch cutting,
perceptible beyond the lot line.
C.
Produce electromagnetic radiation or radioactive emissions
injurious to human beings, animals or vegetation or which interfere
with the use of any other property.
[Amended 11-17-2005 by Ord. No. O-05-18; 4-20-2006 by Ord. No. O-06-11]
The outdoor storage of materials shall be located
and oriented in a manner on the site as inconspicuous as possible
and shall be subject to the following requirements:
A.
All outdoor storage of fuel, raw materials and products,
including that associated with junkyard, scrap yard, or similar type
establishments, shall be stored as follows. This section shall not
apply to finished products for retail sale.
[Amended 3-19-2009 by Ord. No. O-09-02; 2-20-2014 by Ord. No.
O-14-01; 3-19-2015 by Ord. No. O-15-03]
(1)
All material shall be placed in such a manner that it is incapable
of being transferred off the premises by wind, water, or other natural
cause.
(2)
No material shall be placed within the building setback areas established
by the zoning district.
(3)
All yard setback areas shall at all times be clean, vacant, and maintained.
(4)
Fire hazards shall be minimized by the segregation of combustible
from noncombustible materials and the provision of adequate aisles
for escape and firefighting equipment.
(5)
The storage of material in piles shall not exceed 15 feet in height.
B.
All discarded organic rubbish or garbage stored outdoors, including
recyclable materials, shall be placed in watertight, verminproof containers.
In addition, the following restrictions shall apply:
[Amended 2-20-2014 by Ord. No. O-14-01; 3-19-2015 by Ord. No. O-15-03]
(1)
The containers shall be screened from view from any public right-of-way or adjoining property, pursuant to § 200-36F.
(2)
Said containers shall be located so that they are within the buildable area for a parking lot, pursuant to § 200-38B(2)(b). If the lot is adjacent to a residential use, then the building setbacks shall apply to the location of said containers for those portions of a site adjacent to a residential use.
(3)
The location and screening requirements shall not apply to residential
uses in which each individual dwelling is responsible for storing
and ultimately disposing of its own refuse.
C.
Portable storage units for temporary on-site storage.
(1)
Portable storage units may be located in single-family
and two-family residential zoning districts. They shall preferably
be placed in the driveway and be set back a minimum of 10 feet from
the front property line. Final placement shall be to the satisfaction
of the Zoning Officer. Portable storage units may be allowed in other
multifamily districts only upon the applicant demonstrating, to the
satisfaction of the Zoning Officer, that the specific location/complex
has sufficient space to place a portable storage unit, and continue
to provide adequate parking, public safety access and comply with
all health, safety and welfare concerns. Under no circumstances shall
a unit be placed so as to interfere with any use of a sidewalk, bike
path or public right-of-way.
(2)
Portable storage units may be allowed in nonresidential
zoning districts. The units shall generally be placed only in the
rear or side portion of a site. Under no circumstances shall a portable
storage unit be placed in an area fronting a street or road or in
a grass/landscaped area or in the front parking lot of a commercial
establishment. The placement of portable storage units in fire lanes,
passenger loading zones, commercial loading zones or public rights-of-way
shall be strictly prohibited. Portable storage units in nonresidential
zoning districts must also demonstrate, to the satisfaction of the
Zoning Officer, that the specific location/complex has sufficient
space to place a portable storage unit and continue to provide adequate
parking, public safety access and comply with all health, safety and
welfare concerns.
(3)
Portable storage unit(s) shall never be utilized as
permanent accessory structures in any zoning district.
(a)
No form or variety of trailer or semitrailer
shall be utilized as a permanent accessory structure in any zoning
district. A trailer or semitrailer may be utilized as a portable storage
unit, but shall conform to all placement and permit submission regulations
established for portable storage containers.
(b)
A trailer or semitrailer utilized for construction
purposes, which needs to be placed in a "no parking" posted, dedicated
public right-of-way, shall require a special event parking permit.
The placement and duration shall be to the satisfaction of College
Township and/or the State College Police Department.
(c)
The packing and moving of contents from a site
by a professional moving company shall be exempt from these regulations.
(d)
Motorized rental vehicles, such as vans or box
trucks, shall also be exempt from these regulations.
(4)
Prior to commencing business in College Township,
a portable storage unit company must obtain an annual permit from
the Township outlining the obligations and requirements prior to conducting
business in the Township. In addition, the portable storage company
must provide a cash bond or letter of credit to ensure the timely
removal of the portable storage units and compliance with this section.
(5)
There shall be no more than one portable storage unit
per site in any residential zoning district, and shall be no larger
than eight feet wide, 16 feet long and eight feet high. No single
dimension can be exceeded. There shall be no more than two portable
storage units per site in any nonresidential zoning district, and
shall be no larger than eight feet wide, 40 feet long, and eight feet
high. No single dimension can be exceeded.
(6)
No portable storage unit shall remain at any residential
site in excess of five consecutive days. No portable storage unit
shall be placed at any one location in excess of 10 days in a calendar
year for any residential site. No portable storage unit(s) shall remain
at any nonresidential site in excess of 14 consecutive days, and not
in excess of 28 days in any calendar year.
(7)
The owner and operator of any site on which a portable storage unit is placed shall be responsible in ensuring that their portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked with a combination-style lock; no key locks. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no form of waste, refuse or hazardous substance is stored or kept within the portable storage unit. See § 200-33 for all other outdoor storage regulations.
(8)
A portable storage unit shall have no signage other
than a serial number identifying the unit, the name, address and telephone
number of the person or firm engaged in the business or renting or
otherwise placing of the portable storage unit. The exterior of the
portable storage unit shall have a weatherproof clear pouch, which
must display the site permit.
(9)
Permits. It shall be unlawful for any person to place
or permit the placement of a portable storage unit on property which
he or she owns, rents, occupies or controls without first having obtained
a permit therefor. Application for a permit shall be made to the Zoning
Officer on a form provided by the Zoning Office. The application shall
include the signature of the property owner or the property owner's
agent in order to ensure that the property owner has full knowledge
of, and consents to, placement of the portable storage unit on his
or her property and the provisions of this subsection. A permit fee
in an amount to be established by resolution of the Township of College
shall accompany the application. The issuance of a permit shall allow
the applicant to place a portable storage unit on the property in
conformance with the requirements of this chapter. The permit shall
be posted on the portable storage unit in the weatherproof pouch provided
by the portable storage company. Any new resident is exempt from the
permit requirements set forth for a total of five days from the starting
date of occupancy.
All methods and plans for the disposal of sewage
and wastes shall be designed in accordance with regulations of the
Pennsylvania Department of Environmental Resources pertaining thereto.
A required sewage permit issued by the Township Sewage Enforcement
Officer[1] shall be a prerequisite to the issuance of a zoning permit.
[Amended 8-8-1997 by Ord. No. O-97-01; 5-4-2000 by Ord. No.
O-99-02; 4-15-2004 by Ord. No. O-04-02]
A.
Purpose. The purpose of the exterior illumination
regulations shall be to:
(1)
Establish practical and effective lighting standards
that preserve public safety and welfare while minimizing the obtrusive
aspects of excessive and/or careless use of outdoor light.
(2)
Encourage lighting practices that direct appropriate
amounts of light onto the actual surfaces requiring illumination.
(3)
Promote lighting practices and systems that conserve
energy by decreasing the wastage of light resulting from overlighting
of a property and by requiring that lighting installations operate
only at times required for adequate usage of the property.
B.
Applicability. The exterior illumination regulations
will apply in the following cases:
(1)
New uses and buildings. All proposed new land uses,
developments, buildings, and structures that require a permit, all
outdoor lighting fixtures shall meet the requirements of this section.
(2)
Major additions and modifications. All building additions
or modifications exceeding 25% in terms of additional dwelling units,
gross floor area, or parking spaces, and that require a permit, either
with a single addition or cumulative additions, shall invoke the requirements
of this section. This requirement shall hold for the entire property,
including previously installed and any new outdoor lighting. For projects
taking place within a University-Planned District, these requirements
will apply to the specific project area in question.
(3)
Minor additions and modifications. All additions or
modifications of less than 25% to existing uses of additional dwelling
units, gross floor area, or parking spaces, and that require a permit,
new lighting on the site shall meet the requirements of this section
with regard to shielding and lamp type. The total outdoor light output
after the modifications are complete shall not exceed that on the
site before modification, or that permitted by this section, whichever
is larger. For projects taking place within a University-Planned District,
these requirements will apply to the specific project area in question.
(4)
Resumption of use following abandonment. If a property
or use with nonconforming lighting is considered abandoned as defined
in this section, then all outdoor lighting shall be reviewed and brought
into compliance with this section before the use is resumed.
C.
CURFEW
FIXTURE
FOOTCANDLE (fc)
FULLY SHIELDED
GLARE
IESNA
ILLUMINANCE
LAMP
LIGHTING FACILITY
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
OUTDOOR LIGHTING FIXTURE
POLE HEIGHT
SI
Definitions. For the purpose of Article VIII, Supplemental Regulations, § 200-35, Exterior Illumination, regulations of Chapter 200, Zoning, of College Township Code, the following definitions shall apply to this section:
The predetermined time that additional outdoor lighting restrictions
are imposed under the requirements of this section.
The assembly that houses the lamp or lamps and can include
all or some of the following pans: a housing, a mounting, a bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror and/or
lens.
A unit of illuminance equal to one lumen per square foot
of area.
Condition of an installed outdoor luminaire such that all
light emitted by the fixture, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any pan of
the luminaire, is projected below the horizontal as determined by
photometric test or certified by the manufacturer. Any structural
part of the light fixture providing this shielding must be permanently
attached.
Light emitting from luminaire with an intensity great enough
to reduce a viewer's ability to see and in extreme cases causing momentary
blindness.
Illumination Engineering Society of North America.
The amount of luminous flux falling onto a unit area of surface
measured in lumens per square foot (footcandles, fc) or lumens per
square meter (lux).
The component of a luminaire that produces actual light.
For the extent of this section, the term refers to the entire
parcel of land requiring exterior illumination.
Illuminance emitted by a lighting installation, which extends
beyond the boundaries of the property on which the installation is
sited as measured from any orientation of the measuring device.
SI unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this section, the lumen output values
shall be the initial lumen output ratings of a lamp.
The complete lighting assembly (including the lamp, housing,
reflectors, lenses, and shields), less the support assembly (pole
or mounting bracket).
The quotient of the luminous flux at an element of the surface
surrounding a point and propagated in the direction of measurement.
An illuminating device, luminous tube, lamp or similar apparatus
located exterior to the building envelope for the purpose of illumination,
decoration or advertisement. Such devices shall include, but are not
limited to luminaires used for parking lots, roadways, recreational
areas, landscaping, facades, product displays, building overhangs,
and open canopies.
The vertical distance from the ground directly below the
center line of the luminaire to the direct light emitting part of
the luminaire.
Abbreviation for the International System of units.
D.
Ordinance usage guidelines. Use the following guidelines
when interpreting exterior illumination regulations:
(1)
Determine if lighting installation meets descriptive requirement for qualification as a special use lighting category under Subsection J. If installation qualifies for classification as special use, comply with all requirements set forth under that special use subsection and then proceed to Subsection D(6). If lighting installation does not qualify for classification as a special use area, proceed to Subsection D(2).
(3)
Determine the lighting installation's lighting environmental zone as described under Subsection F.
(4)
Determine the lighting installation's outdoor lighting output standards as described under Subsection G, Table 200.1.[1]
[1]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(5)
Determine the lighting installation's outdoor luminaire shielding standards as described under Subsection H, Table 200.2.[2]
[2]
Editor's Note: Table 200.2, Outdoor Luminaire Shielding Standards, is included as an attachment to this chapter.
E.
Lighting use class. Each lighting facility shall be
categorized under one of the following lighting use classes.
(1)
Class 1 lighting. All outdoor lighting used for, but
not limited to, outdoor display lots, recreational sports facilities,
and exterior service canopies as defined in the special use section[3] of this section shall be considered Class 1. Additional
lighting installations that may be considered as Class 1 shall include
but not be limited to exterior amphitheaters, exterior pedestrian
malls, exterior dining areas, exterior vehicle/machinery fabrication
or maintenance areas, and other similar applications where the complexity
of the visual task justifies higher lighting levels to preserve the
effectiveness of the activity. Only the net acreage specific to the
activity requiring a Class 1 designation shall be included under this
classification. The remaining site net acreage shall be considered
as Class 2.
(2)
Class 2 lighting. All outdoor lighting used for, but
not limited to, illumination for walkways, driveways, equipment yards,
parking lots and outdoor security where general illumination for safety
or security of the grounds is the primary concern.
(3)
Class 3 lighting (residential). Any outdoor lighting
used for exterior illumination of a single-family home or duplex.
F.
Lighting environmental zone. Each lighting facility
shall be classified under one of the following lighting environmental
zones.
(1)
Lighting Zone E1: areas with intrinsically dark landscapes.
Applicable zoning district or use under this section shall be Agricultural
District (A), Forest District (F), and Open Space Recreation Conservation
District (OSD) as defined elsewhere in the Township zoning documentation.
(2)
Lighting Zone E2: areas of low ambient lighting levels. Applicable
zoning district or use under this section shall be Planned Residential
Development District (PRD), Village District (V), Single-Family Residential
District (R-1), Two-Family Residential District (R-2), Multifamily
Residential District (R-3), Rural Residential District (RR), Mobile
Home Park District (MHP), and Subdistricts 7 and 14 of the University
Planned District, as defined elsewhere in the Township zoning documentation.
[Amended 2-20-2014 by Ord. No. O-14-01]
(3)
Lighting Zone E3: areas of medium ambient lighting
levels. Applicable zoning district or use under this section shall
be General Industrial (I-1), Gateway Commercial District (GC), Residential-Office
District (R-O), Office Commercial District (C-2), Planned Research
and Business Park District (PRBD), Medical Campus District (MC), and
Subdistricts 5, 8, 9, 10, 11, and 13 of the University Planned District
(UPD), as defined elsewhere in the Township zoning documentation.
[Amended 9-7-2006 by Ord. No. O-06-15; 2-20-2014 by Ord. No.
O-14-01]
(4)
Lighting Zone E4: areas of high ambient lighting levels.
Applicable zoning district or use under this section shall be General
Commercial District (C-1) as defined elsewhere in the Township zoning
documentation.
G.
Lighting levels. Unless specifically addressed under the special
uses category of this section, each lighting facility shall meet the
outdoor lighting output standards listed in Table 200.1[4] for its lighting environmental zone and lighting use class.
The following regulations shall be used for determining applicable
lighting levels:
[Amended 2-20-2014 by Ord. No. O-14-01]
(1)
Minimum maintained average illumination. The light levels listed in Table 200.1 or § 200-35J are expressed as footcandles, measured on all the paved surfaces (including sidewalks), without any shadowing effect from parked vehicles or landscape material at the points of measurement.
(2)
Uniformity ratio. The uniformity ratio shall be calculated as the average horizontal illuminance measurement divided by the lowest horizontal illuminance point for all paved area (including sidewalks). The uniformity ratio shall not be larger than that listed in Table 200.1 or § 200-35J, Special uses.
(3)
Light trespass. The maximum light trespass shall be measured on any
adjacent property, as measurable from any orientation of the measuring
device. Only under the following circumstances shall light levels
be permitted to exceed those listed in Table 200.1, as measured at
the property line:
(a)
If an access agreement is in place pursuant to § 200-37B, light levels may be permitted to exceed the maximum light trespass levels listed in Table 200.1 along the property line in which the point of shared access exists.
(b)
If a parking agreement is in place pursuant to § 200-38B(2)(c), light levels may be permitted to exceed the maximum light trespass levels listed in Table 200.1 along the property line in which the off-street parking is within the setback area or shared across property lines.
(c)
Entrance lights as required by § 180-16.3B shall be exempt from the light trespass requirement only along the property line that adjoins the public right-of-way where the light is placed.
(d)
Streetlights within and along public streets shall be exempt
from the light trespass requirement.
(4)
Maximum lumens per acre. The total output of all lights covered under § 200-35 shall not exceed the limits set forth in Table 200.1 or § 200-35J, Special uses, as applicable. The total maximum lumens per acre shall be calculated by multiplying the acreage of the site in question times the lumens listed in Table 200.1 or § 200-35J, Special uses. For sites being partially developed, the acreage used for determining the total lighting output shall be limited to the portion of the site being developed. Seasonal decorations, as permitted by this section, and lighting for internally illuminated signs are not counted towards any of the values listed in Table 200.1 or § 200-35.
(5)
Residential lighting. Each residential single-family home or duplex
is allowed up to 10,000 lumens or the amount indicated in Table 200.1
based on the parcel's acreage, whichever is greater.
(6)
Exemptions. The developer may elect to not illuminate all paved surfaces,
as follows:
(a)
Areas of a site which receive little pedestrian traffic and
are generally not utilized by the public may be excluded from the
minimum maintained average illumination and uniformity ratio calculations.
Such areas include but are not limited to loading areas, dumpster
pads, and access drives to such.
(b)
The developer shall designate on the lighting plan(s) the area
to be excluded from the minimum maintained average and uniformity
ratio calculations.
(c)
Such areas to be excluded from the maintained average illumination
and uniformity ratio calculations shall be permitted to do so only
upon determination of College Township Council that the areas so designated
do not present a safety or security hazard to the public.
[4]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
H.
Luminaire characteristics. Luminaires must be installed
as follows:
(1)
Luminaire shielding. Unless specifically addressed
under the special uses category[5] of this section, each lighting facility shall meet the
outdoor luminaire shielding standards listed in Table 200.2[6] for its lighting environmental zone and lighting use class.
[6]
Editor's Note: Table 200.2, Outdoor Luminaire Shielding Standards, is included as an attachment to this chapter.
(2)
Luminaire lamping. The use of mercury vapor lamping
is not allowed under this section.
I.
Miscellaneous requirements. The following requirements shall apply to all cases under § 200-35B, Applicability, unless specifically addressed otherwise in § 200-35.
(1)
Curfew. Unless specifically addressed under the special
uses category[7] of this section, each lighting facility shall meet the
post-curfew light trespass requirements set forth in Table 200.1.[8] For the purpose of this requirement, the curfew hour is
set at 11:00 p.m. local time.
[8]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
J.
Special uses. The following uses listed below shall
be governed by the regulations outlined for each use listed below:
(1)
Recreational sports facilities.
(a)
CLASS OF PLAY
OFF-SITE SPILL
OUTDOOR RECREATIONAL SPORTS FACILITIES
Use specific definitions: As used in this chapter,
the following terms shall have the meanings indicated:
Lighting criterion class based on the level of play.
Illuminance falling off of the parcel containing the sports
facility as measured from any orientation of the measuring device.
An area designed for active recreation, whether publicly
or privately owned, including, but not limited to baseball diamonds,
soccer and football fields, golf courses, tennis courts, swimming
pools, and any other outdoor area where the primary use is the pursuit
of an athletic activity.
(b)
Lighting use class. Lighting intended specifically
for recreational sports facilities shall be considered Class 1 and
shall be exempt from the lumens/acre limit listed in Table 200.1.[10]
[10]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(c)
Illuminance. All lighting installations shall
be designed to meet or exceed the illuminance values as recommended
for the specified level of activity by the Illuminating Engineering
Society of North America (IESNA).
(d)
Shielding. Luminaire shielding shall be determined
based on the class of play for the athletic field in question based
on the IESNA RP-6-01 (Recommended Practice for Sports and Recreational
Area Lighting).
[1]
Classes I and II. Facilities designed for Class
I and II levels of play shall utilize luminaires with minimal up-light
consistent with the illumination constraints of the design. Luminaires
shall utilize one of the following shielding options:
[a]
Luminaires shall be fully shielded.
[b]
Luminaire shall he provided with
internal and/or external glare control louvers, shall be installed
in a manner consistent to minimize up-light and off-site light trespass
and shall be aimed at an angle that permits no greater than 5% of
the emitted light per fixture to project above the horizontal.
[2]
Classes III and IV. Facilities designed for
Class III and IV levels of play shall utilize luminaires that are
fully shielded.
(e)
Off-site spill. The luminaire system shall limit
the amount of off-site spill to the maximum extent possible consistent
with the constraints of the design and the class of play.
[1]
Classes I and II. The recommended off-site spill
at any location on any nonresidential property shall not exceed 1.0
fc (10 lux), and at any residential property shall not exceed 0.2
fc (2 lux).
[2]
Classes III and IV. The recommended off-site
spill at any location on any nonresidential property shall not exceed
0.75 fc (7.5 lux) and at any residential property shall not exceed
0.1 fc (1 lux).
(f)
Curfew. All events taking place on the recreational
sports facility shall be scheduled so as to complete all activity
before or as near to 10:30 p.m. as practical. No illumination for
the purposes of sports activity at the facility shall be permitted
after 11:00 p.m. except to conclude a scheduled event that was in
progress prior to 10:30 p.m. where circumstances prevented concluding
before 11:00 p.m.
(g)
Other lighting. All lighting on the parcel of
land not directly associated with the recreational sports facility
shall conform to the lighting standards set forth in Tables 200.1
and 200.2.[11] The net acreage for the determination of compliance with
Table 200.1 shall not include the area of the athletic field.
[11]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, and Table 200.2, Outdoor Luminaire Shielding Standards, are included as an attachment to this chapter.
(h)
Certification. Every lighting system designed
for use under the classification of recreational sports facility shall
be certified by a registered engineer as conforming to all restrictions
of this code.
(2)
Outdoor display lots.
(a)
OFF-SITE SPILL
OUTDOOR DISPLAY LOT
Use-specific definitions. As used in this section,
the following terms shall have the meanings indicated:
Illuminance falling off of the parcel containing the outdoor
display lot as measured from any orientation of the measuring device.
Area designed for the outdoor merchandising of product such
as car dealerships.
(b)
Lighting use class. Lighting intended specifically
for display lots shall be considered Class 1 and shall be exempt from
the lumens/acre limit listed in Table 200.1.[12]
[12]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(c)
Shielding. All outdoor display lots shall utilize
fully shielded luminaires that are installed in a manner that maintains
the fully shielded characteristics.
(d)
Illuminance. Illuminance levels and uniformities
for outdoor display lots shall be designed to meet the values set
forth in IESNA RP-33-99, Table 7: Illuminance Levels and Uniformities
for Car Dealerships General Lighting. For use of this table, lighting
installations identified as Environmental Zones El, E2 or E3 shall
be considered as a secondary business district, and lighting installations
identified as Environmental Zone E4 shall be considered as a main
business district.
(e)
Off-site spill. The display lot shall limit
off-site spill to a maximum of 0.6 fc at any location on any nonresidential
property and 0.1 fc at any location on any residential property.
(f)
Curfew. Outdoor display lot lighting that exceeds
the lumens per acre cap of Table 200.1[13] shall be extinguished after 11:00 p.m. or within 30 minutes
after closing of the business, whichever is later. All lighting in
the display lot after this time shall be considered Class 2 lighting
and shall conform to all restrictions of this section applicable for
that class.
[13]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(g)
Other lighting. All lighting on the parcel of
land not directly associated with the outdoor display lot function
shall conform to the lighting standards set forth in Tables 200.1
and 200.2.[14] The net acreage for the determination of compliance with
Table 200.1 shall not include the area of the outdoor display lot.
[14]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, and Table 200.2, Outdoor Luminaire Shielding Standards, are included as an attachment to this chapter.
(h)
Certification. Every lighting system designed
for use under the classification of outdoor display lots shall be
certified by a registered engineer as conforming to all restrictions
of this section.
(3)
Exterior service canopies.
(a)
EXTERIOR SERVICE CANOPY
Use-specific definitions. As used in this section,
the following terms shall have the meanings indicated:
Area immediately surrounding an exterior canopy including
but not limited to gas station islands, storefronts, pavilions, gazebos,
and bank drive-thru teller areas.
(b)
Lighting use class. Lighting for exterior service
canopies shall be considered Class 1 lighting.
(c)
Shielding. All luminaires mounted on or recessed
into the lower surface of the exterior service canopy shall be fully
shielded.
(d)
Illuminance.
[1]
Illuminance levels and uniformities for exterior
service canopies shall be designed to meet the values set forth in
IESNA RP-33-99, Table 8: Service Station or Gas Pump Area Average
Illuminance Levels.
[2]
The total under canopy initial bare lamp lumens
used for illuminating exterior service canopies shall not exceed the
following limits:
[a]
Canopies located within Environmental
Zones E1, E2 and E3 shall have a maximum output limit not to exceed
25 lumens per square foot of canopy area. Lighting limit shall include
all canopy-mounted luminaires, as well as any signage or illuminated
panels below the canopy.
[b]
Canopies located within Environmental
Zone E4 shall have a maximum output limit not to exceed 50 lumens
per square foot of canopy area. Lighting limit shall include all canopy-mounted
luminaires, as well as any signage or illuminated panels below the
canopy.
(e)
Curfew. Exterior service canopy lighting shall
be extinguished after 11:00 p.m. or within 30 minutes after closing
of the business, whichever is later.
(f)
Other lighting. All lighting on the parcel of
land not directly associated with the exterior service canopy shall
conform to the lighting standards set forth in Tables 200.1 and 200.2.[15] The net acreage for the determination of compliance with
Table 200.1 shall include the area under the exterior service canopy.
[15]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, and Table 200.2, Outdoor Luminaire Shielding Standards, are included as an attachment to this chapter.
(g)
Certification. Every lighting system designed
for use under the classification of exterior service canopy shall
be certified by a registered engineer as conforming to all restrictions
of this section.
(4)
Roadway lighting.
(a)
Shielding. All federal interstate, state, and
Township roadways located within the Township shall utilize fully
shielded luminaires that are installed in a manner that maintains
the fully shielded characteristics.
(b)
Pole heights.
[1]
All pole-mounted luminaires used for illuminating
federal interstate, state, and Township roadways located within the
Township with less than five lanes of traffic shall have a pole height
such that the maximum elevation of the bottom of the luminaire does
not exceed 25 feet above the roadway surface. Municipal streetlights
mounted on signal poles, existing utility poles, or where utility
easements will conflict with the streetlights mounted according to
the requirements of this section shall be exempted from the height
requirements as set forth under this section.
[2]
All pole-mounted luminaires used for illuminating
federal interstate roadways located within the Township with more
than five lanes of traffic shall have a pole height such that the
maximum elevation of the bottom of the luminaire does not exceed 40
feet above the roadway surface, provided the following conditions
are met:
[a]
External luminaire shielding is
provided to reduce the luminaire distribution behind the pole such
that the lighting trespass standard at an adjacent property line does
not exceed the values set forth in Table 200.1.[16]
[16]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(5)
Decorative lighting.
(a)
Seasonal decoration lighting. Seasonal decorations
using typical unshielded low-wattage incandescent lamps shall be permitted
in all lighting zones from October 15 thru January 15.
(b)
Facade and monument lighting. All facade and
monument lighting on a property shall conform to the illuminance requirements
as set forth in Table 200.1.[17]
[17]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(c)
Flagpole lighting. Luminaires utilized specifically
for flagpole lighting are not required to meet the shielding requirements
of Table 200.2[18] given that the luminaire is provided with permanent shielding
such that a direct view of the luminaire's lamp source is not visible
from any portion of an adjacent property.
[18]
Editor's Note: Table 200.2, Outdoor Luminaire Shielding Standards, is included as an attachment to this chapter.
(d)
Historical lighting. Lighting installations
utilizing historically integrated luminaires that do not comply with
the shielding requirements of Table 200.2 shall be allowed on a case-by-case
basis pending review of the Planning Commission.
K.
Compliance submission. The applicant for any permit
required by any provision of the laws of this jurisdiction in connection
with proposed work involving outdoor lighting fixtures shall submit
(as part of the application for permit) evidence that the proposed
work will comply with this section. The submission shall contain but
shall not necessarily be limited to the following, all or part of
which may be part or in addition to the information required elsewhere
in the laws of this jurisdiction upon application for the required
permit. Single-family and duplex homes construction shall comply with
all requirements of this section but are exempt from these submission
requirements.
(1)
Site plans indicating the location on the premises
of all lighting fixtures, both proposed and any already existing on
the site. Site plan submission shall include two sets of calculations.
The first shall represent precurfew operating conditions and the second
shall represent postcurfew operating conditions.
(2)
Site photometric point-by-point calculation with summary
table of calculations showing compliance with Table 200.1.[19]
[19]
Editor's Note: Table 200.1, Outdoor Lighting Output Standards, is included as an attachment to this chapter.
(3)
Luminaire fixture schedule of all lighting fixtures,
both proposed and existing. The schedule shall provide, but is not
limited to, manufacturer's catalog number, lamp type, wattages, and
initial lumen outputs.
(4)
Luminaire illustrations by manufacturers of all lighting
fixtures, both proposed and existing.
(5)
Completed and signed copy of the College Township
exterior compliance checklist.
(6)
Certification. For all projects where the total initial
output of the proposed lighting equals or exceeds 100,000 lamp lumens,
or as otherwise specified elsewhere in this section, certification
that the lighting system conforms to all restrictions of this section
shall be provided by a certified engineer.
[Amended 4-20-2006 by Ord. No. O-06-11]
All land which has been developed or cleared
of vegetation shall be landscaped pursuant to the following regulations:
A.
Intent. It is College Township’s intent to require
landscaping for the following reasons:
(1)
Enhance and promote the image of the community.
(2)
Protect the public health, safety and welfare by:
(a)
Screening and buffering incompatible land uses.
(b)
Minimizing noise, air, water, dust and visual
pollution.
(c)
Preserving property values and the character
of neighborhoods.
(d)
Reducing the heat and glare absorbed and radiated
by development.
(e)
Helping control erosion.
(f)
Lowering temperature of stormwater as it runs
off from parking lots, driveways and streets.
(3)
Increase the variety of plant materials used in landscape
plans.
(4)
Improve the aesthetics of the site through seasonal
diversity in plantings.
B.
Applicability. Provisions of this section shall apply
in any instance where landscaping, screening or buffering is required
by the Code of College Township or if a lot has been cleared of all
or a portion of its natural vegetation.
C.
General.
(1)
Unless otherwise regulated by this chapter, any vacant
portion of a lot not in use shall be planted with grass or similar
vegetation and/or trees and shrubs, except for farm uses and gardens
left vacant outside the growing season. Existing vegetation may be
substituted for this purpose.
(2)
(3)
Required landscaped areas shall be reserved solely
for open space and landscaping. No proposed building addition, structure,
parking area or any other type of physical land improvement shall
be located in a required buffer, provided that driveways or roads
may cross required landscaped areas if necessary to provide access
to the building site. Sidewalks, bikeways and pedestrian paths may
also cross required landscaped areas.
(4)
All required trees and shrubs shall be noninvasive species and shall be compatible with the environmental conditions to which they will be exposed. Any required landscape material which does not survive shall be replaced within one year pursuant to § 200-36H.
(5)
All landscaping including trees and shrubs adjacent
to parking areas, loading areas or driveways shall be properly protected
by barriers such as curbs or bumper blocks. In addition, the tree
or shrub shall be planted a minimum of three feet from any such barrier.
[Amended 8-16-2007 by Ord. No. O-07-03]
(6)
Building and plant materials should be altered, combined
and/or varied to achieve a pleasing effect. Plant materials with seasonal
diversity should be selected and distributed throughout the site.
D.
Existing vegetation. The use of existing vegetation
is encouraged as a means of preserving the natural environment. This
can be done as follows:
(1)
Where an existing hedgerow or forested area is located
within a proposed buffer yard or adjacent to a parking lot, the use
of existing vegetation is permissible, to the extent that a suitable
buffer will be provided. Existing trees of at least three-inch caliper
may be substituted for required canopy trees on a one-for-one basis
granted that the existing trees meet any spacing requirements.
(2)
Existing understory trees and shrubs may be substituted
in place of the required understory trees or shrubs.
(3)
In an area where the canopy trees will not allow for
the planting and growth of understory trees, three shrubs could be
planted in lieu of each required understory tree.
E.
Buffer yards. A buffer yard may be required as part
of a subdivision/land development plan. If a buffer yard is required
it shall be subject to the following requirements:
(1)
Buffer yards A, B, C, D, and E shall be planted and
sized according to the width and type of buffer yard required. The
Buffer Yard Requirements Table below lists the landscaping requirements
as the minimum number of plants per every 100 linear feet and/or fraction
thereof, rounded to the nearest whole plant unit. However, all buffer
yards, no matter what size, shall have at least one canopy tree. See
Figures A through E at the end of this section.[2]
[Amended 3-19-2009 by Ord. No. O-09-02]
[2]
Editor's Note: Figures A through E were repealed
7-15-2010 by Ord. No. O-10-04.
(2)
The installation of a fence shall be required as part
of fifteen-foot-wide Buffer Yards C, D and E and shall consist of
at least 50% fence material distributed evenly, not less than four
feet nor more than six feet in height.
(3)
The required plant material shall be distributed across
the entire length of the buffer yard. Some grouping of plant material
is permissible as long as the Council determines the main intent of
screening objectionable uses or nuisances from neighboring properties
is not abrogated.
(4)
Buffer yards shall not be used for parking, loading,
storage or structures. All except side buffer yards of interior lots
may be crossed by access driveways, sidewalks and utility easements,
provided that such are not more than 25 feet in width at the point
of intersection of the driveway, sidewalks or utility easement and
buffer yard.
(5)
Where a required buffer yard is wider than the setback(s)
required in the district, the wider dimension shall govern.
|
Buffer Yard Requirements
| ||||||
|---|---|---|---|---|---|---|
|
Buffer
Yard
|
Required
Width
(feet)
|
Canopy
Tree
|
Understory
Tree
|
Shrub
|
Evergreen
Tree
|
Fence
|
|
A
|
30
25
20
15
|
0.4
0.6
0.8
1
|
0.8
2.4
1.6
2
|
1.2
3.6
4.8
3
|
0
0
0
0
|
None
None
None
None
|
|
B
|
30
25
20
15
|
0.8
1.2
1.6
2
|
1.6
2.4
3.2
4
|
2.4
3.6
4.8
6
|
0
0
0
0
|
None
None
None
None
|
|
C
|
30
25
20
15
|
1.8
2.4
3
2.7
|
3.6
4.8
6
5.4
|
5.4
7.2
9
8.1
|
0
0
0
0
|
None
None
None
See below*
|
|
D
|
30
25
20
15
|
3
4
5
4.5
|
6
8
10
9
|
9
12
15
13.5
|
0
0
0
0
|
None
None
None
See below*
|
|
E
|
30
25
20
15
|
2.4
3.2
4
3
|
3.6
4.8
6
4.5
|
14.4
19.2
24
18
|
7.2
9.6
12
9
|
None
None
None
See below*
|
|
NOTES:
|
|
*A fence will be required in conjunction with
the required plants for fifteen-foot buffer yards in Buffer Yards
C, D and E.
|
(6)
College Township Council, upon recommendation of the Planning Commission,
shall be permitted to specify the buffer yard width (not to exceed
30 feet) if it determines that a wider buffer yard will provide for
greater protection from objectionable uses or nuisances on adjoining
properties. The amount of landscape material required shall then be
based upon the specified width.
[Added 2-20-2014 by Ord. No. O-14-01]
F.
Screening. When screening is required by this and
other sections of the College Township Code, it shall be done with
one of the following options:
(1)
A masonry wall or fence made of wood or similar material
of at least six feet in height. The fence or wall must completely
obstruct the view of the area to be screened.
(2)
A six-foot-high fence or wall which consists of at
least 50% fence or wall material distributed evenly and a planting
of evergreens within 10 feet of the perimeter of the wall or fence
for its entire perimeter. At the time of installation or planting
of screening materials, screening must occupy 50% of a vertical rectangular
plane of six feet in height.
(3)
A wall of evergreens planted within 15 feet of the
perimeter of the object it is screening for the entire perimeter of
the area to be screened. The evergreens shall be six feet in height
at time of planting. At the time of installation or planting of screening
materials, screening must occupy 75% of a vertical rectangular plane
of six feet in height.
(4)
As
pertains to appurtenances, slatted chain link fencing may be approved
at the discretion of the Zoning Officer.
[Added 4-4-2019 by Ord. No. O-19-01]
(5)
As
pertains to appurtenances, any form of stealth concealment, including
decorative painting and disguise as another object, may be approved
at the discretion of the Zoning Officer.
[Added 4-4-2019 by Ord. No. O-19-01]
G.
Parking lot landscaping. All parking lots within College
Township shall be landscaped as follows:
(1)
Perimeter planting.
(a)
The perimeter of all parking areas shall be landscaped with living plant material to a minimum width of 10 feet but not more than 20 feet, as measured from the back of the parking area curb towards the property line, or building wall, except where the perimeter is adjacent to a public street, in which case the perimeter planting shall be installed pursuant to § 200-36G(1)(g).
[Amended 2-20-2014 by Ord. No. O-14-01]
(b)
Trees and shrubs shall be an integral part of
the perimeter planting. Walls, earth mounds and fences or any combination
thereof may be included with living plant material to produce a view-restrictive
screen. Headlights of parked vehicles must be obscured from the public
way by means of a year-round, view-restrictive screen at the time
of site construction and planting of landscape materials.
(c)
Special consideration should be given to form,
color, texture, density, growth habits and maintenance requirements.
(d)
The perimeter planting area shall have a grade
elevation that is greater than or equal to the top of the parking
area curb.
(e)
Grass or other living ground cover shall be
planted, mulched and maintained on all portions of the landscaped
strip not occupied by other landscape material.
(f)
A minimum of one canopy tree shall be planted
within the perimeter planting area for every 45 feet of the perimeter
of the parking area, exclusive of driveway and/or sidewalk widths.
Required trees shall be planted no less than 25 feet nor greater than
50 feet apart.
(g)
The perimeter of any parking lot adjacent to
a public street shall be landscaped pursuant to one of the options
listed below (See Figures 1 through 5 for illustrative purposes at
the end of this section[3]) which may be used singly or in combination:
[1]
Provide a minimum ten-foot-wide landscaped strip
between the public street and the parking lot to be planted with a
minimum of one canopy shade tree and 15 shrubs per 35 linear feet
of frontage (excluding driveway opening). (See Figure 1.)
[2]
Provide a berm, the top of which is at least
2 1/2 feet higher than the elevation of the adjacent parking
lot pavement. The slope of the berm shall not exceed 25% (4:1) for
lawn areas. Berms planted with ground covers and shrubs may be steeper.
However, no slope shall exceed 50% (2:1). Berms shall be graded to
appear as smooth, naturalistic forms. Plant with a minimum of one
canopy shade tree and 10 medium height shrubs per 35 linear feet of
frontage (excluding driveway openings). (See Figure 2.)
[3]
Provide a minimum six-foot strip and a minimum
three-foot grade drop from the required yard area into the adjacent
parking lot pavement. Plant the resulting embankment with a minimum
of one canopy shade tree and 10 medium height shrubs per 35 linear
feet of frontage (excluding driveway openings). At least 50% of the
required medium height shrubs shall be planted in the top half of
the grade drop area. (See Figure 3.)
[4]
Provide a minimum five-foot-wide landscaped
strip into the front yard, with a minimum three-foot-high brick, stone
or finished concrete wall to screen the parking lot. The wall shall
be located adjacent to but entirely outside the minimum five-foot
landscaped strip. Plant with a minimum of one canopy shade tree and
five minimum height shrubs per 35 linear feet of frontage. (excluding
driveway openings). (See Figure 4.)
[5]
Provide a minimum twenty-five-foot-wide strip
of existing woodlands. (See Figure 5.)
[6]
Breaks in the landscaping requirements in Subsections G(1)(g)[1] through [5] shall be permitted for pedestrian and/or bicycle access which may bisect said landscaping areas if the Council determines the location of the pedestrian and/or bicycle access does not abrogate the intent of the landscaping requirements.
[7]
In no instance shall the landscape material required along the
perimeter of a parking lot along a public street be located at a distance
of greater than 20 feet from the parking lot perimeter.
[Added 2-20-2014 by Ord. No. O-14-01]
[3]
Editor's Note: Figures 1 through 5 are included as an attachment to this chapter.
(2)
Display areas. Parking lots or any impervious area
that will be used to display products for sale or rent, such as cars,
trucks, boats and recreational vehicles, shall be required to landscape
the perimeter of the display areas. A landscaped planting strip shall
be planted with a minimum of one canopy tree and five shrubs for every
50 feet of street frontage along the display parking area. Shrubs
may be staggered along the street frontage. In addition, each end
of the display area shall include a planting bed/mound which includes
one canopy tree and 10 shrubs. All sides of the display area which
do not abut a public street shall be landscaped with perimeter plantings
as specified above.
(3)
Raised islands. Required islands installed interior to the parking lot shall contain at least one canopy tree for each parking space it abuts at the end of a parking bay and one canopy tree for every two parking spaces the island abuts within the parking bay, unless the dimension of said island is such that planting a tree within the island could not be accomplished due to a limited growth area or obscured sight distance. In instances where a landscape strip is permitted in place of raised islands, pursuant to § 200-38G(6)(g)[1], canopy trees shall be planted within said strip at a number equal to one canopy tree per 45 linear feet of the landscaped strip.
[Amended 2-20-2014 by Ord. No. O-14-01]
(4)
Minimum canopy tree size. All required landscaping elements shall conform to the size requirements of § 200-36J unless the number of parking spaces exceeds the minimum required in § 200-38B by 15%, which shall increase the minimum required size of canopy trees to two-and-five-tenths to three-inch caliper. Lots with existing development shall be exempt from this requirement unless the owner proposes a fifty-percent increase in gross floor area or number of parking spaces. In such cases, all required canopy trees on site shall meet the minimum size requirement contained herein.
H.
Modification of landscape plan. Any modification to
landscape elements as required and approved pursuant to these and
any other regulations of the College Township Code, with the exception
of adding additional landscape elements, shall be permitted as follows:
(1)
Modifications to the landscape plan, including removing
required trees or shrubs shall be approved as a minor amendment to
an approved land development or subdivision plan with no fee for such
charged to the applicant.
(2)
Any trees to be replaced shall be done so with trees
of a caliper equal to or greater than that of the existing tree. If
the existing tree is greater than 10 inches in caliper it shall be
replaced with a tree that is 10 inches in caliper or 50% of the existing
tree caliper, whichever is greater.
I.
Installation and maintenance of landscaping materials.
All landscape materials shall be installed to current industry standards.
Maintenance and replacement of landscape materials is required and
shall be the responsibility of the property owner. Landscape maintenance
should incorporate environmentally sound management practices, including
use of beneficial reuse water available from UAJA for irrigation,
drip irrigation or rain barrels and gardens. Pruning should take place
regularly for plant health and public safety, replacing dead materials
annually.
J.
Materials. All plant materials must meet the minimum
standards set forth by the American National Standards Institute.
Landscape species shall be indigenous or proven adaptable to the climate,
but shall not be invasive species. All required plant materials, fences
and walls shall comply with the following standards:
(1)
Landscape elements shall be the minimum plant size
as specified below at time of planting:
|
Plant Type
|
Minimum Size
| |
|---|---|---|
|
Evergreen tree
|
6 feet in height
| |
|
Canopy tree
|
2 to 2 1/2 inches in caliper
| |
|
Understory tree
|
6 feet in height; 1 1/2 inches in caliper
| |
|
Evergreen and deciduous shrubs
|
18 inches in height and 4 feet at maturity
|
(2)
Landscape materials shall be tolerant of specific
site conditions, including, but not limited to, heat, drought and
salt.
(3)
Existing healthy plant material may be utilized to
satisfy landscaping requirements, provided it meets the minimum plant
sizes specified herein.
(4)
Screening fences and walls shall not be constructed
of corrugated metal, corrugated fiberglass, sheet metal, chain link
or wire mesh. Screening fences and walls should be built with material
compatible with that of the main building.
K.
Substitution.
(1)
Due to site constraints some substitution of landscape
material shall be permitted as follows:
(a)
Two evergreen tress may be substituted for every
one canopy tree required.
(b)
Three understory trees may be substituted for
every one canopy tree required.
(c)
One evergreen tree may be substituted for every
one understory tree required.
(d)
One evergreen tree may be substituted for every
five shrubs required.
(2)
College Township Council shall be permitted to require
any of the above substitutions or approve any of the substitutions
above if proposed by the developer if the Council determines the substitution
will better serve the purpose for which the landscape material is
required.
L.
Access and visibility. No tree, shrub, fence, wall
or similar item required herein shall be installed in a manner that
will restrict the view of any vehicle or pedestrian at any point of
intersection with a street intersection, or accessway intersecting
a public or private street or driveway.
Every building hereafter erected or moved shall
be on a lot adjacent to a public street or with motor vehicle access
to a public street via a private street. The intent of the following
regulations is to provide safe and convenient access for servicing,
fire protection, traffic circulation and required off-street parking:
A.
Access to properties adjacent to arterial streets
shall be limited to alleys, local streets, collector streets or marginal
access streets, except when the only available access to a lot is
from an arterial street. In such cases, access for each lot shall
be limited to not more than two driveways for the first 300 feet of
frontage or fraction thereof and one driveway for each additional
300 feet of frontage. On all other streets, access shall be provided
by not more than one driveway for the first 50 feet of frontage or
fraction thereof and one driveway for each additional 50 feet of frontage.
[Amended 6-9-1983 by Ord. No. 59-E]
B.
In all districts, no driveway shall be closer to the side or rear
property line than 10 feet, with the following exceptions:
[Amended 7-28-1988 by Ord. No. O-88-7; 9-7-2006 by Ord. No.
O-06-15; 12-20-2012 by Ord. No. O-12-13]
(1)
Driveways which provide access to individual single-family homes
within the R-1 Single-Family Residential; R-2 Two-Family Residential;
R-3 Multifamily Residential; and R-O Residential Office Districts
shall be permitted to be placed as close as five feet to the side
property line.
(2)
In all districts, two adjoining property owners may locate their
driveways closer to the lot line, or joined to each other, if the
following condition is met: The two adjoining property owners shall
mutually agree to a driveway setback-encroachment and/or common driveway
in such form and manner acceptable for recording in the office of
the Recorder of Deeds of Centre County, Pennsylvania, binding their
heirs and assigns to the easement so created.
C.
Driveways shall be designed in accordance with the following:
[Amended 1-12-1989 by Ord. No. O-89-01; 12-20-2012 by Ord. No.
O-12-13]
(1)
Driveways for individual single-family homes or those individual
duplex or townhome units providing access from a public or private
street shall have a width of no less than 10 feet nor greater than
24 feet as measured at the curbline (or street line, if no curb exists)
inclusive of curb return radii. The driveway shall remain 24 feet
or less in width for the entire portion within the public right of
way.
(2)
Driveways for all other uses not mentioned above shall not exceed
the width necessary to accommodate the amount and type of traffic
expected from the development, determined by the Township transportation
impact statement or as required by the Pennsylvania Department of
Transportation. The same shall hold true for any curb return radii.
D.
In the Multifamily Residential District (R-3), General
Commercial (C-1), Office-Commercial (C-2), Light Industrial (I-I)
and Residential-Office (R-O) Districts, all driveways shall enter
a public street right-of-way at least 100 feet from its intersection
with another public street, except for intersections of two or more
arterial streets, in which case the minimum distance shall be at least
200 feet. In all other districts, all driveways shall enter a public
street right-of-way at least 50 feet from its intersection with another
public street of any classification. If the lot width is insufficient
to provide for the required distance, access shall be as far from
the intersection as the lot and other provisions of this chapter will
permit. For all cases cited above, the distance in which access is
prohibited shall be measured from the tangent of the curb return of
the intersecting street cartway to the tangent of the curb return
of the driveway, but shall not include, in measurement, any portion
of either curb return.
[Amended 11-10-1983 by Ord. No. 59-F; 7-28-1988 by Ord. No.
O-88-7]
 |
E.
If two or more driveways on the same lot enter a public street right-of-way, the distance between the entrances of the driveways shall be at least 50 feet. Distance between driveways shall be measured in the same manner as described in Subsection D of this section.
[Amended 7-28-1988 by Ord. No. 0-88-7; 3-19-2009 by Ord. No.
O-09-02]
F.
Marginal access streets.
[Added 6-9-1983 by Ord. No. 59-E; amended 11-10-1983 by Ord. No.
59-F]
(1)
In the R-3, C-1, C-2 and I-1 Districts, owners of lots located on arterial streets with no access to local or collector streets shall be required to install marginal access streets, as defined in Chapter 180, Subdivision of Land, in the following cases:
(2)
In the above cases, motor vehicle access shall be limited to the marginal access streets. The marginal access streets shall be constructed according to the applicable requirements of Chapter 180, Subdivision of Land. In addition, such marginal access streets shall be separated from the arterial street by an island at least five feet in width. When possible, the marginal access street shall not intersect with the arterial street closer than 1,000 feet to the intersection of another street with the arterial street. In no case shall the marginal access street intersect more than once with the arterial street within 1,000 feet of another intersection. The required marginal access street shall be two-way.
[Amended 6-17-1982 by Ord. No. 59-(a); 6-9-1983 by Ord. No. 59-E; 6-9-1983 by Ord. No. 59-H; 11-10-1983 by Ord. No. 59-F; 2-23-1984 by Ord. No. 59-G; 1-8-1987 by Ord. No.
100; 7-28-1988 by Ord. No. O-88-7; 1-12-1989 by Ord. No.
O-89-01; 4-9-1992 by Ord. No. O-92-05; 6-23-1994 by Ord. No.
O-94-03; 8-8-1997 by Ord. No. O-97-01; 5-20-1999 by Ord. No.
O-99-01; 5-18-2000 by Ord. No. O-00-02; 4-20-2006 by Ord. No.
O-06-11; 5-1-2008 by Ord. No. O-08-01]
Off-street parking, stacking lanes and loading
regulations shall be provided and maintained for each use and structure
hereafter established, erected, altered or extended in accordance
with the provisions of this section.
A.
Applicability.
(1)
New development. Hereafter, all newly constructed
habitable buildings and land uses shall provide off-street parking
in conformance with this section of the zoning ordinance.
(2)
Existing development. Structures and land uses in
existence at time of adoption of this ordinance shall be regulated
as follows:
(a)
Change of use. Any structure which undergoes
a change of use will have to comply with the regulations of this section
as follows:
(b)
Tenant remodel. Any structure which undergoes a remodel of tenant space equaling 50% or more of the gross floor area of the tenant space shall also be required to bring the parking lot into conformance with all regulations of § 200-38.
(c)
Expansion of structure. Any structure which is expanded shall have to comply with the regulations of § 200-38 as follows:
(d)
Parking maximums. In no instance shall any structure
which undergoes a change of use or structural expansion exceed the
maximum number of parking spaces required herein.
(e)
Change in requirements. In instances where existing
structures developed prior to the current off-street parking standards
were developed utilizing previous parking ratios, then any new parking
ratios applied shall be in addition to that previously required. If
the new parking ratios exceed 50% of that previously applied, then
the new parking ratios and their accompanied requirements shall apply.[1]
[Amended 3-19-2009 by Ord. No. O-09-02]
[1]
Editor's Note: Former Subsection A(3), Residential rental
dwelling units, which was added 6-21-2012 by Ord. No. O-12-01 and
immediately followed this subsection, was repealed 12-20-2012 by Ord.
No. O-12-13.
B.
General regulations.
(1)
Use.
(a)
All required off-street parking spaces shall
be used solely for the parking of motor vehicles by residents, visitors,
patrons or employees.
(b)
No more than one motor vehicle without current
registration and/or valid inspection sticker as required by the Commonwealth
of Pennsylvania shall be parked or stored on any lot unless within
completely enclosed building, except in the General Industrial District
as part of a permitted auto wrecking, junk and scrap establishment.
(c)
Fleet vehicles, as defined below in § 200-38C(5), shall not be permitted to park in required parking spaces.
(d)
Off-street parking shall be considered accessory to the use
it serves and therefore permitted wherever the primary use it serves
is permitted, except under the following conditions:
[Added 12-20-2012 by Ord. No. O-12-13]
[1]
If an agreement compliant to § 200-38B(2)(c) is in place, a lot may be permitted to contain off-street parking spaces for primary uses not located on said lot; or
[2]
If off-street parking is provided as a service to the general public where no agreement pursuant to § 200-38B(2)(c) is in place, then such off-street parking shall only be permitted where commercial parking lots are permitted as a primary use.
(2)
Location.
[Amended 3-19-2009 by Ord. No. O-09-02; 7-15-2010 by Ord. No.
O-10-04; 12-20-2012 by Ord. No. O-12-13]
(a)
Surface parking. All parking spaces and lots open to the sky
(i.e., not in garages, carports, or similar parking structure) shall
be located on the same lot as the use they serve and setback from
property lines as follows:
[1]
Setbacks for parking spaces shall be as follows:
[Amended 8-16-2018 by Ord. No. O-18-05]
|
Off-Street Parking Setbacks (Surface Lots)
| |||
|
Zoning District
|
Land Use
|
Minimum Front Setback
(feet)
|
Minimum Side and Rear Setbacks
(feet)
|
|
A, F, RR, OSD
|
Single-family residential
|
10
|
10
|
|
All other uses
|
30
|
30
| |
|
R-1
|
Single-family residential
|
10
|
5
|
|
All other uses
|
30
|
30
| |
|
R-2, R-3
|
Single-family residential
|
10
|
5
|
|
All other residential uses
|
10
|
10
| |
|
All other uses
|
30
|
30
| |
|
V
|
All uses
|
4
|
4
|
|
R-O
|
All residential uses
|
See R-2 setbacks
| |
|
All other uses
|
30
|
10
| |
|
C-1, C-2
|
All uses
|
30
|
10
|
|
All other zoning districts
|
All uses
|
10
|
10
|
[2]
Parking spaces may be located within the side or rear setbacks prescribed above or on a different lot from the one they serve, if an agreement is in place as stipulated in § 200-38B(2)(c).
[3]
Parking spaces may be located within the front setbacks prescribed
above under the following conditions:
[a]
Said parking spaces are for residential uses in
which the area set aside for the parking spaces only serves one residential
unit (such as a driveway); and
[b]
Said parking spaces shall be situated in a manner
that they are wholly outside of the right-of-way and do not block
any street-side sidewalk.
(b)
Parking structures. All parking structures, covered parking spaces, and lots, including garages and carports, shall not be located within any yard setback area except by agreement as noted in § 200-38B(2)(c).
(c)
Parking agreement. Required parking spaces and lots, including
those in parking structures, may be permitted on adjacent properties
or within yard setbacks, if all of the following conditions are met:
[1]
The lot providing the parking spaces abuts the lot containing
the use it serves, or the lot is located within 500 feet and all parking
spaces on said lot are located within 750 feet of the lot which they
serve.
[2]
All of the affected lots are in the same zoning district.
[3]
The total number of spaces provided is not less than the sum
of spaces required for all the uses.
[4]
Means of pedestrian access is provided from the parking space
to the uses so that pedestrians are not required to cross an arterial
street or traverse property owned by other than said property owners.
[5]
All shared and/or relocated parking lots and spaces shall meet
the design requirements contained herein, including perimeter landscaped
areas.
[6]
The shared or relocated parking spaces are not located within
the front yard setback.
[7]
A lease, easement, or other form of agreement is executed among
said property landowners, with the following requirements:
[a]
The lease, easement, or other form of agreement
shall assure use of the required parking spaces until or unless the
required parking spaces are located on the same lot as the use in
which they serve.
[b]
Evidence of such an agreement shall be provided
at time of land development application and referenced on the plan
itself.
[c]
The lease, easement, or other form of agreement
shall be recorded in the Centre County Recorder of Deeds office.
(d)
Setback reduction. In order to promote and provide for more
flexibility within the current zoning regulations and to maintain
an aesthetically pleasing visual appearance of both the road corridor
and individual businesses and properties, the front yard parking setback
area for the commercial districts (C-1, C-2, and R-O), may be reduced
to 15 feet, at the discretion of the Township Planning Commission,
by reducing the maximum impervious surface coverage ratio by 5%.
[Amended 10-1-2020 by Ord. No. O-20-05]
(3)
Construction. All required off-street parking spaces
and aisles shall be paved with an all-weather material. For spaces
and aisles which are not part of a parking lot as herein defined,
this may include gravel and other crushed stone. However, for parking
lots, the paving material shall be limited to asphalt, concrete or
similar hard-surface material, with all parking spaces designated
with a four-inch white or yellow strip painted the entire length of
each space in accordance with the dimensional requirements stipulated
herein.
(4)
Pervious pavement. Nonrequired parking or that which exceeds the permitted maximum number of parking spaces may be constructed using pervious paving materials pursuant to § 200-38B(4).
(a)
The property owner shall supply to the Township
all pertinent manufacturer information.
(b)
A maintenance program shall be submitted to
the Township for review and approval. Maintenance requirements shall
include but are not limited to the following:
[1]
Pervious areas shall be kept free of debris.
[2]
Pervious areas shall be monitored to ensure
dewatering between storms.
[3]
Sediment buildup shall be removed as needed.
[4]
The surface area shall be periodically inspected
for deterioration, erosion, damage or spalling and repaired in a timely
manner.
[5]
Vegetated areas of the pervious pavement system
shall be kept in a healthy state, free of bare, muddy areas, and maintained
according to the manufacturer's recommendations.
(5)
Public transit facilities. A transit facility shall
be required, built and maintained as follows:
(a)
A required transit facility shall include covered shelters with seating, lighting and trash receptacles. Bus pull-offs shall also be provided if the facility is proposed to be located along an arterial or collector street as defined by Chapter 177, Streets and Sidewalks.
(b)
A transit facility shall be provided at the
following types of new developments:
[1]
Nonresidential development which includes 100,000
square feet of gross floor area.
[2]
Residential development which includes 50 dwelling
units or greater.
[3]
Stadiums and arenas with 5,000 or more seats.
[4]
Existing development proposed for expansion
where the gross floor area, dwelling units or number of seats will
exceed the thresholds listed above.
[5]
Any type of development which creates large
amounts of pedestrian, traffic and/or transit generators as determined
by the Township Council upon recommendation from the Township Planning
Commission. Examples of such types of development include student
housing or large employers.
(c)
If a proposed development is not located adjacent
to public transit service and the public transit agency does not plan
to serve the development within three years of completion of the final
phase of the proposed development, then the developer shall be exempt
from this requirement.
C.
Parking spaces. All uses and structures required to
provide parking spaces shall do so in accordance with this section
as follows:
(1)
Dimensions. All required off-street parking spaces
must meet the following size requirements:
(a)
Perpendicular and angled spaces. Each required
off-street parking space shall be at least nine feet wide if set at
an angle to the access aisle and 18 feet in depth.
[Amended 3-19-2009 by Ord. No. O-09-02]
(b)
Parallel parking spaces. If the required off-street
parking space is parallel to the access aisle, the space shall be
at least eight feet wide and 24 feet long.
(c)
Dimensional variations. The width and depth dimensions of parking
spaces noted above may vary in accordance with the following:
[Amended 12-20-2012 by Ord. No. O-12-13]
[1]
General variation. Up to 5% of the required parking spaces in
a parking lot may be permitted to vary from the above dimensional
requirements (either larger or smaller) for other types of vehicles,
such as tractor trailers or motorcycles, etc. Said parking spaces
must be marked to inform users of their purpose.
[2]
Width. Those spaces for residential uses, which do not constitute
a parking lot as defined herein, shall have a minimum width of 8 1/2
feet.
[3]
Depth. The depth of parking spaces may be reduced to 16 feet for perpendicular and angled parking, if such parking directly abuts an internal landscaped area pursuant to § 200-38G(6)(g), and provided the following conditions are met:
[a]
There is an area equal to at least 2.5 feet in
depth to allow for vehicle overhang;
[b]
Said overhang area is free from obstructions, including
but not limited to landscaping, lighting, and any outdoor seating;
[c]
The curb between the parking space and overhang
area is four inches or less in height; and
[d]
If such area includes a sidewalk, then at least
five feet of said sidewalk must remain outside of the above-referenced
overhang area.
(2)
Required parking spaces. Parking spaces shall be provided
for each individual use, whether on multiple or individual lots, as
follows:
(a)
Number of parking spaces. Parking spaces shall be provided as listed below in an amount equal to or greater than that listed, rounded up to the next highest whole space. For uses which also have a maximum parking ratio, the number of parking spaces shall not exceed that listed except for parking spaces that do not increase impervious coverage, such as pervious parking [see § 200-38B(3)] or deck parking. For purposes of the parking requirements below, MDC shall equal maximum design capacity and GFA shall equal gross floor area.
[Amended 3-19-2009 by Ord. No. O-09-02; 11-21-2013 by Ord. No.
O-13-07; 2-20-2014 by Ord. No. O-14-01; 2-18-2016 by Ord. No. O-16-02]
[1]
Commercial uses.
|
Use
|
Minimum Number of Required Spaces
|
Maximum Number of Spaces Permitted
| |
|---|---|---|---|
|
Barbers and beauticians
|
1.5 per chair
|
3 per chair
| |
|
Bed-and-breakfast inns and homes
|
1 per guest room plus 2 for owner/operator
|
1.3 per guest room plus 3 for owner/operator
| |
|
Bowling alley, billiards parlor
|
5 per alley or table, plus 1 per 100 square feet of any eating
and drinking space
|
3 per alley or table, plus 1 per 75 square feet of any eating
and drinking space
| |
|
Car wash
|
4 per stall
|
NA
| |
|
Child and adult day-care center
|
1 per 350 square feet
|
NA
| |
|
Conference or meeting space
|
1 per 100 square feet of conference or meeting space
|
1 per 50 square feet of conference or meeting space
| |
|
Dry cleaner
|
1 per 350 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Eating and drinking establishments
|
1 per 100 square feet
|
1 per 50 square feet
| |
|
Funeral home or parlor, mortuary
|
1 per 4 seats based on MDC
|
NA
| |
|
Hotels and motels
|
1.1 per room
|
1.25 per guest room
| |
|
Ice and roller rinks
|
1 per 6 seats based on MDC
|
1 per 3 seats based on MDC
| |
|
Miniature golf
|
2 per tee
|
4 per tee
| |
|
Motor vehicle fuel sales
|
1 per fuel pump
|
NA
| |
|
Motor vehicle repairs
|
2 per service bay
|
NA
| |
|
Motor vehicle sales
|
1 per 500 square feet of GFA
|
NA
| |
|
Office: animal or veterinarian's office/hospital
|
1 per 250 square feet of GFA
|
NA
| |
|
Office: business, professional, corporate and financial
|
1 per 350 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Office: medical and dental offices/clinics
|
1 per 250 square feet of GFA
|
NA
| |
|
Retail: Boat/marine, mobile home and aircraft sales
|
1 per 500 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Retail: Contractors/farm equipment and feed sales
|
1 per 500 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Retail: Convenience Store
|
1 per 200 square feet of GFA
|
1 per 100 square feet of GFA
| |
|
Retail: Furniture and Appliance sales
|
1 per 500 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Retail: General
|
1 per 350 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Retail: Lumber and building material sales
|
1 per 500 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Retail: Monument, burial vault and casket sales
|
1 per 500 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Retail: Neighborhood food store
|
1 per 250 square feet of GFA
|
1 per 200 square feet of GFA
| |
|
Retail: Wholesale retail sales
|
1 per 500 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Shopping centers
|
1 per 350 square feet of GFA
|
1 per 250 square feet of GFA
| |
|
Theaters (live or movie)
|
1 per 6 seats based on MDC
|
1 per 3 seats based on MDC
| |
|
Video rentals
|
1 per 200 square feet of GFA
|
1 per 100 square feet of GFA
|
[2]
Uses in the Village District.
|
Use
|
Minimum Number of Required Spaces
| |
|---|---|---|
|
Nonresidential uses
|
1 per 800 square feet of GFA
| |
|
Residential uses
|
See requirements for residential uses below
|
[3]
Residential uses. Spillover parking pursuant to § 200-38C(2)(b) shall also be required in addition to that noted below.
|
Use
|
Minimum Number of Required Spaces
| |
|---|---|---|
|
Single-family house and patio homes
|
2.0 per dwelling unit
| |
|
Duplexes and townhouses
|
2.0 per dwelling unit
| |
|
Multifamily: efficiency/studio
|
1.0 per dwelling unit
| |
|
Multifamily: 1 or more bedrooms
|
1.0 per bedroom for each dwelling unit
| |
|
Group living facilities
|
1.0 per 2 persons based on MDC
|
[4]
Public, quasi-public and miscellanious uses.
|
Use
|
Minimum Number of Required Spaces
| |
|---|---|---|
|
Arenas, stadiums and other athletic facilities with fixed seating
|
1 per 6 seats based on MDC
| |
|
Athletic facilities with no fixed seating
|
Parking generation study
| |
|
Bus and train stations
|
Parking generation study
| |
|
Cemeteries
|
25 spaces
| |
|
Clubs, lodges, fraternal organizations
|
1 per 4 seats based on MDC
| |
|
Community centers
|
1 per 4 seats based on MDC
| |
|
Education: elementary schools
|
1 per 500 square feet of GFA
| |
|
Education: institutions of higher education
|
Parking generation study
| |
|
Education: intermediate and secondary schools
|
1 per 500 square feet of GFA
| |
|
Education: nursery school
|
1 per 350 square feet of GFA
| |
|
Government: administrative offices
|
1 per 350 square feet of GFA
| |
|
Government: emergency services
|
1 per 350 square feet of GFA
| |
|
Government: maintenance/storage areas
|
1 per 2,000 square feet of GFA for covered or enclosed areas
| |
|
Government: medical office/clinic
|
1 per 350 square feet
| |
|
Government: public meeting space
|
1 per 4 seats based on MDC
| |
|
Hospitals
|
Parking generation study
| |
|
Libraries, museums and art galleries
|
1 per 800 square feet of GFA
| |
|
Nursing homes and other convalescent homes
|
1 per 3 beds
| |
|
Outdoor recreation facilities: golf courses
|
3 per tee plus 1 per 350 square feet of enclosed building space
not designed for storage, maintenance or administration
| |
|
Outdoor recreation facilities: golf driving range
|
2 per tee plus 1 per 350 square feet of enclosed building space
not designed for storage, maintenance or administration
| |
|
Outdoor recreation facilities: other
|
1 per 4 persons based on MDC, plus 1 per 350 square feet of
enclosed building space not designed for storage, maintenance or administration
| |
|
Places of assembly (excludes classroom space)
|
1 per 4 seats based on MDC
|
[5]
Industrial uses.
|
Use
|
Minimum Number of Required Spaces
| |
|---|---|---|
|
Auto wrecking, junk and scrap establishments
|
see Motor Vehicle Sales and Repairs
| |
|
Property maintenance services such as electricians, plumbers,
landscapers, general contractors
|
1 per 350 square feet of GFA for office areas plus 1 per 2,000
square feet of GFA for enclosed or covered maintenance and storage
areas
| |
|
Storage: distribution and warehousing
|
1 per 2,000 square feet of GFA
| |
|
Storage: mini storage/self storage
|
1 per 10 storage units
| |
|
All other industrial uses
|
1 per 500 square feet of GFA
|
[6]
For those nonresidential uses which do not meet any of the uses
specified in the charts above, the minimum parking requirement shall
be one space per 350 square feet of GFA, not to exceed one space per
250 square feet of GFA.
(b)
Spillover parking. Residential uses shall also
provide parking for visitors, service vehicles, emergency vehicles
and other similar type of vehicles as follows:
[1]
The parking may be provided directly adjacent
to the dwelling unit or within the development itself at a central
point(s) such as a parking lot.
[3]
The number of parking spaces for spillover parking
shall be provided as follows:
|
Use
|
Required Spillover Spaces
| |
|---|---|---|
|
Single-family house and patio homes
|
0.5 space per home
| |
|
Duplexes and townhouses
|
0.5 space per DU
| |
|
Multi-family (apartment and condominiums)
| ||
|
First 10 units
|
0.25 spaces per DU
| |
|
11 to 50 units
|
0.2 spaces per DU
| |
|
Remainder of units
|
0.1 spaces per DU
| |
|
Group living facilities
|
0.15 spaces per person based on maximum design
capacity
| |
(c)
Covered spaces. Parking spaces in garages and
carports may be counted towards parking space requirements as follows:
[1]
Single-car garages may count as one parking
space if the parking space is 12 feet wide by 22 feet deep and there
is 60 additional square feet of floor space in the garage for storage.
[2]
Multicar garages may count as required parking
if each space is at least 10 feet wide by 22 feet deep and there is
at least 60 square feet of additional space for storage. Garages which
do not meet the storage requirement stated above shall count as one
less parking space (example: a two-car garage measuring 20 feet wide
by 22 feet deep counts as one parking space, whereas the same size
garage with an additional 60 square feet of floor space would count
as two parking spaces).
[3]
Carports may count towards the parking requirement given that they meet the minimum size dimension prescribed above in § 200-38C(1).
[4]
Any carport or garage used to count towards
the required amount of parking shall not be changed or altered in
a fashion that would no longer permit vehicles to be parked in the
garage or carport. A note shall be placed on any plan in which required
parking will be done in whole or partially in a garage or carport.
(d)
Outdoor sales areas. Retail businesses which
utilize exterior areas for the sale of goods shall provide parking
spaces at a minimum of one space per 3,000 square feet of outdoor
sales area and no more than one space per 2,500 square feet of outdoor
sales area. Outdoor sales areas for motor vehicles, contractor's/farm
equipment, mobile homes, aircraft and boat/marine sales shall be exempt
from this requirement.
(e)
Accessory dwelling units. Single-family homes and commercial buildings which also contain an accessory dwelling unit as permitted in § 200-11A(1) and (2) shall be required to provide one additional parking space in addition to the required parking.
(f)
Outdoor seating areas. Outdoor seating for eating
and drinking establishments shall not require any additional parking.
(g)
Parking lot mitigation measures. To mitigate
aesthetic and environmental concerns of parking lots, the following
additional design requirements may be necessary if the parking lot
is considered to have an excessive number of parking spaces:
[1]
"Excessive parking spaces" shall be defined
as providing parking spaces at a ratio that is greater than the average
of the minimum and maximum parking requirements. Those uses which
do not have a maximum number of parking spaces permitted shall be
exempt from these requirements.
[2]
Uses which meet the definition of "excessive
parking" shall provide one of the following design options:
[a]
Shall provide an outdoor amenity
such as a plaza, fountain, courtyard, or similar public gathering
space including benches, trash receptacles, etc., in an amount equal
to 200 square feet times the number of parking spaces which are considered
excessive.
[b]
All parking spaces above the excessive
parking threshold shall be pervious.
[c]
At least 25% of the total number
of parking spaces provided shall be located in the rear yard of the
proposed use.
[d]
Use of rain gardens/bioretention areas within and around the parking lot to convey, treat and capture stormwater runoff with limited ponding depth (no more than six inches for aesthetics and rapid drawdown) and planted vegetation tolerant of hydrologic variability, salts and environmental stress (including that which is required pursuant to § 200-36G).
[e]
All buildings associated with the
development be designed and built with a vegetated roof cover that
is grown on and completely covers the roof (at least 90% of the total
roof area), endowing the roof with hydrologic characteristics that
more closely match surface vegetation than the roof.
(3)
Multiple uses on a single lot.
(a)
The total number of parking spaces required
for two or more uses on the same lot shall be the sum of that required
for each use.
(b)
In instances where there is a proposed mix of
uses, some of which have maximum parking requirements and others do
not, the total number of spaces for the entire development shall not
exceed 25% of the stated minimum listed above.
(c)
Some reduction in the total number of parking spaces based on the mix of uses may be permitted pursuant to § 200-38D(2).
(4)
Handicapped parking spaces. Parking for handicapped
persons shall be provided as follows:
(a)
Handicapped accessible spaces shall be provided
as follows:
|
Total Parking in Lot
|
Required Minimum
Number of Accessible Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
1,001 and over
|
20, plus 1 for each 100 over 1,000
|
(b)
One in every eight handicapped accessible parking
spaces but not less than one shall be served by an access aisle eight
feet in width and designated as "van accessible" with a vertical clearance
no less than 98 inches.
(c)
Each required handicapped accessible parking
space shall be denoted by a ground pole sign bearing the international
handicapped symbol, and the pavement of each required space shall
also be marked with the international symbol in accordance with state
regulations.
(d)
Parking lots shall be designed so that all buildings
served by the parking lot are accessible by handicapped persons. Curbing
shall be depressed at strategic locations for ease of access, spaces
shall be located as close as possible to entrance(s) of a proposed
use and grades shall be such that they can be traversed by a person
confined to a wheelchair.
(e)
Refer to the Americans with Disabilities Act
as amended for additional design criteria. If a conflict exists between
these requirements for handicapped accessible spaces and the Americans
with Disabilities Act regulations, the stricter shall apply.
(5)
Fleet parking. Businesses which own a fleet of vehicles must provide separate parking above and beyond that required above. For the purposes of this section, a fleet shall refer to a business which utilizes one or more motorized vehicles parked on site when not in use for the sale, distribution and/or provision of goods and services. Parking areas for fleet vehicles do not have to meet the size and access requirements stipulated in § 200-38C(1) and § 200-38G(1)(a), nor do they have to be paved but must at least be surfaced with a material sufficient to ensure a mudfree condition.
D.
Reductions in required parking. The number of parking spaces required pursuant to § 200-38C(2) may be reduced as follows:
(1)
Drive-throughs. Nonresidential uses which utilize
either a drive-through window or drive-up service bays may be permitted
to reduce their overall parking requirements as follows:
|
Type of Facility
|
Parking Reduction
| ||
|---|---|---|---|
|
Bank with drive-through lane(s):
| |||
|
1 to 2 lanes:
|
25%
| ||
|
Over 2 lanes:
|
35%
| ||
|
Fast-food restaurant with drive-through:
|
35%
| ||
|
Automatic car wash:
|
50%
| ||
|
Self-service car wash:
|
75%
| ||
|
Drive-through retail (such as beer distributors
or pharmacies)
| |||
|
1 to 2 lanes:
|
25%
| ||
|
Over 2 lanes:
|
35%
| ||
|
Fuel sales only*
|
75%
| ||
|
* No other retail items or services offered
except those that are incidental to the sale of fuel.
|
(2)
Mixed-use developments. Cumulative parking requirements
for mixed-use occupancies or shared facilities may be reduced where
it can be determined that the peak requirements of the several occupancies
occur at different times (either daily or seasonally). In all cases,
a shared parking operations plan must be prepared to the satisfaction
of the College Township Planning Commission and Council showing that
parking spaces most conveniently serve the land uses intended, directional
signage is provided if appropriate, and pedestrian links are direct
and clear. Three methods for determining a parking reduction for mixed-use
developments are as follows:
(a)
Intermittent and seasonal uses. When required
parking reductions are predicted as a result of sharing between intermittent
or seasonal uses with nonconflicting parking demands (e.g., a church
and a bank), then the reduction can be considered for approval by
the Planning Commission without demand calculations or a parking study.
Individual spaces identified on a site plan for shared users shall
not be shared by more than one user at the same time.
(b)
Parking Occupancy Rate Table. When the parking
reduction has been shown to be feasible by using the demand calculations
as determined by the Occupancy Rate Table below, the applicant shall
submit a parking demand summary sheet showing the process for calculating
the reduction as outlined in this section. (Note: The default rates
from the Occupancy Rate Table are set to include a small "safety margin"
of parking beyond that minimally needed to serve an average peak demand.
Therefore, a local study of parking demand may yield a greater reduction
in parking required.)
[1]
The minimum number of parking spaces that are to be provided and maintained for each use shall be determined based on standard methods for determining minimum parking requirements per use at a particular site pursuant to § 200-38C(2).
[2]
The gross minimum number of parking spaces shall
be multiplied by the occupancy rate as found in the Occupancy Rate
Table below (or as determined by a study of local conditions through
a parking generation study), for each use for the weekday night, daytime
and evening periods, and weekend night, daytime and evening periods,
respectively.
|
Parking Occupancy Rate Table
| ||||||
|---|---|---|---|---|---|---|
|
Uses
|
Monday through Friday, 8:00 a.m. to 5:00
p.m.
|
Monday through Friday, 6:00 p.m. to 12:00
midnight
|
Monday through Friday, 12:00 midnight
to 6:00 a.m.
|
Saturday and Sunday, 8:00 a.m. to 5:00
p.m.
|
Saturday and Sunday, 6:00 p.m. to 12:00
midnight
|
Saturday and Sunday 12:00 midnight to
6:00 a.m.
|
|
Residential
|
60%
|
100%
|
100%
|
80%
|
100%
|
100%
|
|
Office/ warehouse/
industrial
|
100%
|
20%
|
5%
|
5%
|
5%
|
5%
|
|
Commercial
|
90%
|
80%
|
5%
|
100%
|
70%
|
5%
|
|
Hotel
|
70%
|
100%
|
100%
|
70%
|
100%
|
100%
|
|
Restaurant
|
70%
|
100%
|
10%
|
70%
|
100%
|
20%
|
|
Movie theater
|
40%
|
80%
|
10%
|
80%
|
100%
|
10%
|
|
Entertainment
|
40%
|
100%
|
10%
|
80%
|
100%
|
50%
|
|
Conference/
convention
|
100%
|
100%
|
5%
|
100%
|
100%
|
5%
|
|
Institutional (non church)
|
100%
|
20%
|
5%
|
10%
|
10%
|
5%
|
|
Institutional (church)
|
10%
|
5%
|
5%
|
100%
|
50%
|
5%
|
|
This table defines the percent of the basic
minimum needed during each time period for shared parking.
|
[3]
The gross minimum numbers of parking spaces
for each of the purposes referred to for each time period shall be
added to produce the aggregate gross minimum numbers of parking spaces
for each time period.
[4]
The greatest of the aggregative gross minimum
numbers of parking spaces for each period shall be determined with
the parking requirement set at such level.
(c)
Parking generation study. If the developer proposes uses not covered in the table above or feels there is another compelling reason to reduce the number of parking spaces required, then the reduction may be permitted pursuant to § 200-38E, Parking generation study. Council shall determine, based on recommendation from Planning Commission and information provided through the parking generation study, the appropriate number of parking spaces.
(3)
Individual uses. Certain uses which do not fall into the category of mixed uses and/or possess some unique circumstance in which the traditional parking requirements cannot meet the needs of the proposed use, a parking generation study may be performed to study the potential for reducing the overall parking requirements pursuant to § 200-38E. Uses which propose a reduction of 10% or less of their required parking may do so without performing a parking study, granted they follow all other regulations governed by this section.
(4)
Parking guarantee. In order to achieve any of the
above-listed parking reductions, the developer must also meet the
following requirements:
(a)
A covenant must be executed and noted on all
subsequent land development/subdivision plans guaranteeing that the
owner will provide the additional required spaces on site or at adjacent
sites at the request of the Township.
(b)
The Township may require the developer to build
the additional required parking with the following steps:
[1]
Within the first two years of initial occupancy,
all parking reductions are provisional. Upon thorough investigation
by the Township of the actual use of parking spaces at the development,
the Township staff may recommend to the Planning Commission and Council
that the approved reduction be modified or revoked.
[2]
After the initial two-year period, the Township
staff must document insufficient parking supply by showing occupancy
rates over 95% for at least two consecutive hours on at least three
separate days within a single month.
[3]
In either case above, the Township shall follow
these steps to require the additional parking, whether in part or
in whole:
[a]
The property owner must be notified
via certified mail noting the reason for requiring the additional
parking and the amount to be built.
[b]
The property owner shall be given
at least 30 days to respond either in writing or through attendance
of a Council meeting.
[c]
If the property owner disagrees with the Township request, he or she shall be granted an additional 60 days within which he or she shall appear before Council to provide information as to why there is sufficient parking. This meeting shall be advertised, and adjoining property owners shall be notified pursuant to § 180-8D(4).
[d]
Upon decision of Council to require
the parking spaces, the property owner shall be given at least nine
months to commence construction of the parking as decided by Council,
with completion of the parking lot within one year of Council's decision.
In instances where a Council is requiring only a portion of the additional
parking to be provided, a minor plan will have to be submitted pursuant
to § 180-6C.
(c)
Parking space requirement reductions which may
be permitted by Council shall have the following additional requirements:
[1]
An area equivalent to that of the amount of space needed to provide the minimum number of required parking spaces pursuant to § 200-38C shall be reserved somewhere within the development as a landscaped area, outdoor storage area, fleet parking or some other equivalent reservation.
[2]
Said reservation shall be accounted for within
the stormwater management plan for the development or have the ability
to expand the stormwater management facilities upon the need to build
more parking.
[3]
Said reservation shall be designed to Township
standards for the remaining number of required parking spaces and
shall be shown on the plan. The portion of the parking area not required
to be built shall be noted as such and will be developed as a parking
area when required by the Township or developer.
(d)
A property owner who has received a parking
reduction may build the additional parking at any time given that
the approved land development plan showing the parking reservation
area is developed accordingly otherwise, the property owner must pursue
a minor plan pursuant to § 180-6C to build the parking.
E.
Parking generation study. A local parking demand analysis
shall be prepared by a qualified parking or traffic consultant, a
licensed architect, city planner, or urban planner or civil engineer
which substantiates the basis for granting a reduced number of spaces.
Council, upon recommendation of the Planning Commission, shall determine
the appropriateness of the parking reduction based on the local parking
study, which shall take into account the following four factors:
(1)
Occupancy rates of similar uses. Parking surveys shall
determine parking occupancy rates of morning, afternoon and evening
peaks on the seven different days of the week. The seven days of observation
may take place over the span of two consecutive, typical weeks. In
the case of new construction or addition of new uses, the surveys
shall observe another circumstance with similar mixed uses. A combination
of similar circumstances may be necessary to cover all the proposed
land uses. The approximate square footages of the various land uses
of the specimen projects shall be compared to the proposed project
to allow the ratios of uses to be rated accordingly. In the case of
an enlargement or substitution of existing uses, the surveys shall
document the occupancy rates of the existing parking facility.
(2)
Proximity and convenience factors. The following factors
may influence the Planning Commission's and Council's approval of
the parking reduction figures:
(a)
Distance between sharing uses and the parking
facility;
(b)
Pedestrian connections among sharing uses and
the parking facility;
(c)
Vehicular connections;
(d)
Whether parking will be free;
(e)
Location: proximity to downtown State College
or an institution which may generate relatively large amounts of traffic
such as a hospital or university;
(f)
Proximity to major transit corridors or stations;
(g)
Special trip reduction programs, such as subsidized
vanpooling, transit, shuttle or telecommuting; and/or
(h)
Need for any reserved parking spaces. (Parking
spaces to be shared cannot be reserved for specific uses or individuals
except during off-peak hours.)
(3)
Captive market parking requirements. Parking requirements
for retail, restaurant, hotel, convention and conference uses may
be reduced where it can be determined that some portion of the patronage
of these businesses comes from other uses (e.g., employees of area
offices patronizing restaurants) located within a maximum walking
distance of 500 feet. Parking requirements may be reduced by up to
10% as appropriate. Whenever practical, such a reduction should be
supported by surveys at similar establishments.
(4)
Limited number of visitors and customers. For those
uses in which parking demand is primarily from employees with a limited
number of visitors or customers such as warehousing, manufacturing
plants and office uses, parking may be reduced to a number equal to
130% of the number of employees on the largest shift.
F.
Stacking lanes and drive-throughs. Businesses which
do business either wholly or partially through the use of drive-through
windows or drive-through service bays shall provide stacking lanes
as follows:
(1)
Stacking lanes shall be designed and located as not
to interfere with the utilization of required ingress/egress to the
site, parking spaces and associated drive aisles.
(2)
At a minimum, stacking lanes shall be at least 9 1/2
feet wide and at least 60 feet in length unless otherwise noted in
the table below:
|
Type of Facility
|
Minimum Stacking
Distance Required
|
Measured From
| |
|---|---|---|---|
|
Drive-up bank teller lane
|
1 to 2 lanes: 80 feet
2+ lanes: 60 feet
|
Teller window
| |
|
Fast-food restaurant with drive-through
|
120 feet (at least 80 feet between pickup window
and order box)
|
Pickup window
| |
|
Automatic car wash
|
100 feet per wash line
|
Car wash entrance
| |
|
Self-service car wash
|
60 feet per wash line
|
Car wash entrance
| |
|
Automobile service station
|
60-foot lanes per service island
|
Center of pump island
| |
|
Drive through retail (such as beer distributors)
|
1 to 2 lanes: 80 feet
2+ lanes: 60 feet
|
Front of drive-up lane
|
G.
Parking lots. All parking lots as defined herein shall meet the design and maintenance standards specified below. All applications for a zoning permit to use land in whole or in part as a parking lot, as herein defined, shall be accompanied by a site plan as stipulated in Article X of this chapter or as required in Chapter 180, Subdivision of Land. The requirements below shall not apply to parking spaces which do not qualify as part of a parking lot as defined herein.
[Amended 12-20-2012 by Ord. No. O-12-13]
(1)
Dimensions.
(a)
All parking spaces shall comply with the dimensions specified in Subsection C(1) above. The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:
|
Angle of Parking
Space to Aisle
(degrees)
|
Aisle Width
(feet)
| ||
|---|---|---|---|
|
One-Way
|
Two-Way
| ||
|
Parallel
|
12
|
20
| |
|
30 (150)
|
12
|
20
| |
|
45 (135)
|
15
|
20
| |
|
60 (120)
|
18
|
20
| |
|
90
|
24
|
24
| |
(b)
No portion of any parking space shall intrude
into the required aisle width. For aisles providing access to parking
spaces set at angles other than those specified above, the required
aisle width shall be that of the nearest specified angle of parking.
If equidistant from specified angles, the greatest aisle width of
the two nearest angles shall apply.
(2)
Obstructions. Parking lots shall be designed to permit
each motor vehicle to proceed to and from all unoccupied parking spaces
without requiring the moving of any other parked motor vehicle and
without leaving the lot.
(3)
Ingress and egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the standards for motor vehicle access stipulated in § 200-37 of this article. Parking spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.
(4)
Location and yard requirements. All parking lots shall meet the location requirements stipulated in Subsection B(2) above. All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb four inches high minimum along the sides of the yard area abutting the parking lot, including spaces and aisles. Such curb may consist of bumpers at the end of each parking space. Perimeter landscaped areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls, provided that they are not placed closer than three feet to any parking space.
(5)
Structures. Utility poles, light standards and similar
structures shall not be permitted within any aisle or parking space.
Any structure located elsewhere within a parking lot shall be surrounded
on all sides abutting the spaces or aisles by a curb four inches high
minimum, separated from the structure by at least three feet, the
distance to be measured from the broadest point on each side exclusive
of any portion greater than 10 feet from the ground.
(6)
Parking lot design.
(a)
Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway. In addition, when parking bays incorporate more than 10 parking spaces in a continuous row, a raised island shall be incorporated within the parking bay for every 10 parking spaces. The raised islands shall be bordered by a curb that is a minimum of four inches high but no greater than six inches in height wherever it abuts a space or aisle and shall be 10 feet wide and extend the length of the parking space and/or bay. Parking structures as defined in § 200-11 shall be exempt from the requirement for raised islands.
[Amended 8-16-2018 by Ord. No. O-18-05]
(b)
Brick, block, cobblestone, or other similar material shall be used as surface material for islands where foot traffic is anticipated. These shall be installed on a permeable base in a manner to allow water percolation into the ground. However, concrete sidewalk may be permitted if at least 50% of the parking island remains permeable with a canopy tree as required in § 200-36G(3). Where foot traffic is not a consideration, any of these paving materials or shrubs and living ground cover may be used with trees in the islands. Impermeable material, such as cement and bituminous concrete, should not be used.
[Amended 8-16-2018 by Ord. No. O-18-05]
(c)
Utility poles and light standards are permitted within the raised islands, provided that they are separated from the spaces and aisles as required in Subsection G(5).
(d)
At the discretion of the Planning Commission,
island width may be reduced in the interest of public safety; however,
in no circumstances shall island dimension be less than five feet.
A diagram depicting island dimensions is on file in the office of
the Township Zoning Officer.
(e)
No islands are required on sixty-two-foot-width
or less parking lots, as long as perimeter planting is used around
the entire lot. Whenever a building adjoins on perimeter of said parking
lot, islands would be required. Trees for perimeter and on islands
shall be of a canopy type as defined in this chapter.
(f)
In areas where excessive cut and fill is required
for parking lot site development, terraced parking shall be considered
in order to reduce visual expansiveness.
(g)
In order to provide flexibility in parking lot landscaping to reduce heat, glare and visual expansiveness, the following alternatives shall be considered and/or combined with interior landscaped islands. The amount of landscaped open space shall not be less than what is required in § 200-38G(6).
[1]
Provision of a continuous landscaped strip between
every four bays of parking in parking lots that contain eight or more
bays in one area. The strip shall be a minimum width of 15 feet that
shall include a vehicle overhang area of 2.5 feet when parking is
adjacent to the strip. The stall length of the adjacent parking may
be reduced to 16 feet if the curb height is four inches or less. The
landscaped area within the strip shall have a minimum width of 10
feet and shall be planted with shade trees and a combination of vegetative
ground covers or grass. (See Figures 1 and 2 below.)
(h) Diagram 1.tif.png)
(h) Diagram 2.tif.png) |
[2]
At the discretion of the Planning Commission,
the required ratio of landscaped islands (one island for every 10
parking spaces) shall be maintained but may be exceeded in some areas
of the parking lot to one island for every 12 parking spaces where
lot configuration and/or site design constraints exist.
[3]
Parking lot perimeter open spaces, landscaped
islands, continuous landscaped strips and grass swales with shade
trees, as required, may be designed as stormwater infiltration/detention
areas. Bumper blocks, curb breaks or other design methods can be substituted
for continuous raised curbing.
(7)
Maintenance. All off-street parking areas shall be
maintained as follows:
(a)
The surface of the off-street parking spaces
or parking lot shall be kept in good condition and free of litter
and trash;
(b)
All pavement markings (such as parking space
deliniations; either handicapped or general striping) and traffic
control devices shall be maintained as to be functional; and
(8)
Drainage. All parking areas shall be provided with
a storm drainage plan designed to prevent excessive flow of water
to public streets, alleys or adjoining properties. This plan shall
be approved by the Township Engineer.
(9)
Landscaping. The interior and exterior of parking lots shall be landscaped in accordance with § 200-36, Landscaping, buffering and screening.
(10)
(Reserved)
(11)
Sight distance. At intersections between driveways
and/or parking lot aisleways and between driveways and streets, all
earth banks and vegetation shall be cut or removed when such will
impede vision between a height of 2 1/2 feet and 10 feet above
the driveways within an area bounded by the edge of the driveway and/or
street cartway lines and a line joining points of these lines 25 feet
from their intersection.
(12)
Building structures or ramps. Motor vehicles
parked within, under or on top of buildings, parking structures or
on ramps shall be screened from public view. On street level, living
plant material is required in the setback areas. Walls, earth mounds,
fences or any combination thereof may also be included with the plant
material. All floors or levels above the street shall be screened
by walls, fences or other improved materials.
(13)
Walkways. Walkways adjacent to or within off-street
parking areas shall be wide enough to provide a minimum of four feet
clear horizontal passage exclusive of car overhang, parking meters
or other obstructions.
(14)
Outdoor lighting. Outdoor lighting will be required at all points of ingress and egress to parking and driveway areas. See § 200-35, Exterior illumination.
(15)
Adjacent parcel interconnections. Nonresidential
uses shall provide a means of interconnection between adjacent properties
also located in nonresidential zoning districts.
H.
Loading regulations. Space for the loading and unloading
of vehicles shall be provided when required below. Each required space
shall be at least 12 feet in width and 45 feet in length and have
a clearance of at least 14 feet. Spaces shall not be located within
the setback required for parking lots.
[Amended 2-20-2014 by Ord. No. O-14-01]
(1)
One off-street loading space is required for all commercial and industrial
uses with a gross floor area of at least 5,000 square feet but less
than 20,000 square feet. Fast-food restaurants with a gross floor
area of at least 2,000 square feet are required to provide one off-street
loading space. For nonresidential uses that have a gross floor area
of 20,000 square feet or more, one additional space shall be provided
for each additional 20,000 square feet or fraction thereof. However,
at the discretion of the Planning Commission, uses such as hotels,
motels or offices, which normally do not require more than two loading
spaces, may be exempt from providing more than two required loading
spaces.
(2)
Required off-street parking spaces shall not be used for loading
and unloading purposes, except during hours when business operations
are suspended. In addition, loading spaces shall not block required
off-street parking spaces, except during hours when business operations
are suspended. Loading spaces may, however, be designated in areas
of a parking lot where they block only one of two lanes in a parking
lot drive aisle.
(3)
All required loading and unloading spaces shall be
located on the same property as the use they serve.
(4)
The provisions of Subsection A(2) above pertaining to off-street parking space shall also pertain to all required off-street loading and unloading spaces.
(5)
Any loading dock with space for two or more vehicles and that is visible from the public street shall be screened from view pursuant to § 200-36, Landscaping, buffering and screening.
(6)
All designated loading spaces shall be located in a manner that vehicles
unloading or loading do not have to back in to the loading space(s)
from a public street or back out on to a public street to access the
loading space(s).
[Added 8-16-2018 by Ord.
No. O-18-05]
[Added 8-16-2007 by Ord. No. O-07-10]
All lands or portions thereof defined herein
as part of the Forest (F), Agricultural (A) and Rural Residential
(RR) Zoning Districts shall be subject to the following rural preservation
design standards (RPD):
A.
Applicability.
(1)
These design standards shall apply as specified
to the following primary uses as permitted in the RR, F, and A Districts:
(2)
In cases where a lot is split by a municipal
or zoning district boundary, these regulations shall apply to only
that portion of a tract of land located in an applicable zoning district,
with the parent tract size considered to be that portion located in
the applicable zoning district.
(3)
In cases where lots less than 10 acres are combined
after the adoption of this ordinance to form a new lot which is greater
than 10 acres and is proposed for single-family homes, the applicant
shall have the option of following the standards contained herein
or those governing lots less than 10 acres.
B.
Single-family houses. Development of land in the rural
districts intended for single-family houses shall be done so as follows:
C.
Country Lot Subdivision. All land to be subdivided
and subsequently developed for single-family houses using the Country
Lot option of subdivision shall be done as follows:
(1)
Number of lots to be created.
(a)
All parent tracts of land to be subdivided using
this method shall be limited in the number of lots to be created:
|
Parent Tract Size
(acres)
|
Number of New Lots
| |
|---|---|---|
|
10 to 14.99
|
2
| |
|
15 to 24.99
|
3
| |
|
25 to 64.99
|
4
| |
|
65 to 149.99
|
5
| |
|
150 +
|
6
|
(b)
Upon subdivision approval, all future subdivisions
of the parent tract shall be prohibited in perpetuity unless the landowner
has not created all of the lots permitted in the table above. In such
case, future subdivisions shall be restricted to the number of lots
permitted to be subdivided as stated above for the parent tract minus
any lots already created under these provisions.
(2)
Minimum lot size. Using this method of subdivision,
the minimum lot size for single-family houses shall be no less than
two acres, regardless of the applicable size standard in the zoning
regulations.
(3)
Setbacks, coverage and height requirements.
Minimum lot width, maximum coverage, setbacks and height requirements
of country lots for single-family houses shall follow all the existing
requirements contained in their respective zoning district regulations.
D.
Conservation Subdivision. All land to be developed
as a Conservation Subdivision shall be divided into one of two areas:
open space/undeveloped area or developed area. These areas shall have
the following regulations:
(1)
Developed area.
(a)
Size. The developed area shall be no larger than 35% of the parent tract. All areas of permitted and accessory uses, rights-of-way for roads, and utilities (excludes existing utilities on site at time of development) shall be considered part of the developed area. Stormwater facilities and on-site sewage facilities may also be considered part of the developed area. See § 200-38.1D(4) and (5).
(b)
Permitted uses. All lots created in the developed
area of a Conservation Subdivision shall be permitted to uses for
single-family houses and associated accessory uses.
(c)
Density. The number of dwelling units permitted
in a Conservation Subdivision, whether on one lot or multiple lots,
shall be calculated as follows:
(d)
Minimum lot size. Using this method of subdivision,
the minimum lot size for single-family houses shall be no less than
8,500 square feet.
(e)
Other requirements. Lots created under this
method for single-family houses shall have the same minimum lot width,
maximum impervious coverage, setback and height requirements as the
R-1 Single-Family Residential District.
(2)
Undeveloped or open space area.
(a)
Size. At least 65% of the parent tract shall
remain undeveloped.
(b)
Permitted uses. The required undeveloped portion
of land to be declared the undeveloped or open space area shall be
used only for one or more of the following uses, and all such uses
shall meet the lot, yard setback and height requirements specified
in their respective zoning districts:
[1]
The tilling of land; the raising
of crops, fruits and vegetables; and the raising and keeping of livestock
and poultry.
[2]
Horticultural uses related to the
raising, propagating and selling of trees, shrubs, flowers and other
plant materials.
[3]
Usual farm structures, including
barns and greenhouses (one single-family house of the farm operator
shall be allowed).
[4]
Commercial establishments for the
processing, storage and sale of farm products produced and raised
on the premises.
[5]
The conservation of open space,
water, soil and wildlife resources.
[6]
Riparian buffers, including the
planting of noninvasive species as part of the buffer.
[7]
Park and recreational uses for
use by the general public and/or the homeowners of the developed portion
of the tract.
[8]
Sewage management facilities as designed pursuant to § 200-38.1D(4).
[9]
Stormwater management facilities as designed pursuant to § 200-38.1D(5).
[10]
Utilities such as gas lines and
electrical transmission lines in existence at the time of proposed
development.
(c)
Environmentally sensitive areas. The open space
shall include the following lands:
[1]
All continuous streams and intermittent
streams with a one-hundred-foot buffer on both sides measured from
the current top of the stream bank. This shall include the bed and
banks of a stream channel that confines and conducts continuously
or intermittently flowing water. Stream channels shall include:
[a]
All watercourses shown on a USGS
7.5-minute quadrangle map and/or the Centre County Soil Survey;
[b]
Watercourses identified as state
open waters by the Pennsylvania DEP and/or the U.S. Army Corps of
Engineers (e.g., during the course of a wetland delineation LOI or
stream encroachment permit process); or
[c]
Any flow path with a definable
bed and banks, regardless of the size of the contributory drainage.
[2]
Wetlands as identified by the National
Wetlands Inventory (NWI) including a one-hundred-foot buffer from
the edge of the wetland.
[3]
One-hundred-year floodplains as
shown on the official FEMA maps.
[4]
Land with slopes of 25% or greater.
[5]
Woodland areas and hedgerows.
[6]
Class I and II soils as identified
in the Soil Survey of Centre County.
[7]
Hydric soils that are not jurisdictional
wetlands.
(d)
Environmentally constrained parcels. Landowners may reserve more but shall not be required to designate more than 65% of the parent tract as open space, unless required by other federal, state or local ordinance or statute. However, if more than 65% of the tract contains environmentally sensitive features listed above in § 200-38.1D(2)(c), then priority shall be given to those features above in order as listed.
(e)
Design and dimensional standards. Notwithstanding
the above two previous sections, the open space shall be designed
in accordance with the following:
[1]
The open space area as a whole
shall be contiguous. However, public or private streets may be permitted
to split open space as long as the open space on either side of the
street constitutes at least 30% of the required open space and the
open space is connected to that on the opposite side of the street
via 200 linear feet or greater of open space frontage directly across
from the remaining open space.
[2]
Whenever possible, the open space
area shall be located and designed to be contiguous with adjacent
agricultural, open land and other natural areas, park and/or recreation
areas, conservation or natural areas.
[3]
The ratio of the longest to shortest
dimension of an open space parcel shall not exceed five to one. Exceptions
to this standard are permitted where a portion of the open space is:
(f)
Ownership of the undeveloped portion of the
parent tract is limited to one or a combination of the following methods:
[1]
Conservancy lot ownership restricted
from further subdivision by permanent deed restriction.
[2]
Establishment of a corporate ownership of the undeveloped area by a property owner's association pursuant to § 180-27, Property owners' associations. In addition the following requirements shall apply to this method of ownership:
[a]
Membership in the association shall
be automatic for all purchasers of the newly created lot in the Conservation
Subdivision and their successors in title.
[b]
The association shall be responsible
for maintenance and insurance of common facilities.
[c]
The association shall provide a
plan outlining the administration, maintenance, layout and operation
of the open space and any common facilities.
[3]
Disposition of such land to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain facilities subject to an acceptable deed restriction limiting eventual disposition of said undeveloped land for one or more of the permitted uses listed in § 200-38.1D(2)(b) and stated in the articles of incorporation. Maintenance and other responsibilities for land reserved as undeveloped to remain in private ownership shall be set forth in an agreement between the owners or, where land is to be retained by a single owner, shall be set forth in a formal, written document, which shall be binding upon the owner(s) and their successors and/or assigns. Any such disposition shall be referenced by note on the subdivision plan and recorded with Centre County.
[4]
Dedication to the Township or other
public entity, if the Township Council determines that such dedication
is in the best interests of the Township and if the conditions of
the dedication of the undeveloped area are acceptable to the developer.
(g)
The applicant shall, at the time of preliminary
plan submission, provide a plan for maintenance of the open space
area with the following requirements:
[1]
The plan shall identify ownership.
[2]
The plan shall establish the necessary
regular and periodic operation and maintenance responsibilities for
the various kinds of uses of the undeveloped area (i.e., playing/recreation
areas, meadows, pastureland, cropland, woodlands, etc.).
[3]
The plan shall estimate all associated
costs and define the means for funding activities, if any, to be associated
with the new single-family lots.
[4]
Any changes to the maintenance
plan shall be subject to College Township Council approval.
(h)
The portion of the tract to remain undeveloped shall be shown and labeled "open space" or "undeveloped area" on the preliminary and final plans, and such plans shall include the following statement: "All land labeled as open space or undeveloped area shall be used only as permitted in § 200-38.1D(2)(b) of the College Township Zoning Ordinance as amended."
(i)
In the event that the organization established
to maintain the undeveloped areas or any successor organization thereto,
fails to maintain all or any portion thereof in reasonable order and
conditions, the municipality may assume responsibility for maintenance.
Designated representatives of the municipality may enter the premises
and take corrective action, including extended maintenance. The costs
of such corrective action may be charged to the property owner, property
owner's association, conservation organization or individual property
owners who make up the property owner's association and may include
administrative costs.
(3)
Vehicle access. Lots created under the Conservation
Subdivision option are prohibited from directly accessing existing
public roadways. Lots shall only take direct access from interior
roads or shared driveways connected thereto. These accesses, whether
roads or shared driveways, shall meet all applicable College Township
standards.
(4)
Sewage disposal.
(a)
Individual on-lot septic systems will not be
permitted for each single-family house lot smaller than one acre in
size. Some other method of sewage treatment must be provided, such
as central sewer, community on-lot disposal systems (COLDS) or other
method acceptable to Pennsylvania Department of Environmental Protection
and College Township Council.
(b)
Sewage management facilities may be permitted
in the undeveloped area with the exception of that for individual
on-lot systems, which must be located in the developed portion of
a Conservation Subdivision. Sewage management facilities that may
be permitted to be located in the open space area of a Conservation
Subdivision must prove that its design will not impact the integrity
of the rural preservation regulations and must blend into the natural
environment through the use of natural landscaping with minimal maintenance.
(c)
Absorption areas for on-lot sewage management
facilities that are permitted to be located in conservation areas
shall be left in a natural state to the greatest extent possible and
shall be mowed no more than once annually. It shall be the responsibility
of the applicant to demonstrate how this facility will achieve the
desired effect.
(5)
Stormwater management facilities. In addition
to the regulations contained in the Township Code, stormwater management
facilities may be permitted to be located in the conservation area
of a Conservation Subdivision with the following design criteria,
otherwise the facility must be counted as part of the developed area:
(a)
The stormwater management facility must be designed
as permanent retention ponds or detention systems where exterior and
interior slopes of any basin(s) do not exceed three feet horizontal
to one-foot vertical, with the maximum water levels not to exceed
three feet.
(b)
The stormwater management facility to be located
in a conservation area must also be landscaped to blend in with the
surrounding natural areas to the greatest extent possible.
(c)
A planting plan and planting schedule shall
be submitted in accordance with the following:
[1]
Wet meadows including basin floors:
[a]
Wet meadows and basin floors shall
be planted with wildflowers and nonaggressive grasses, the intent
being to create a mixed meadow of such plantings, where appropriate.
Selection of plantings should be based on whether the area in question
is usually well drained or permanently wet and whether the area will
be used for recreation purposes. No woody plants shall be planted
within the saturated zone (phreatic line) of a stormwater management
basin.
[b]
Seeding by drills, corrugated rollers,
cyclone or drop seeders or hand seeding of such areas is preferred;
however, hydroseeding followed by hydromulching can be used on wet
ground and steep slopes.
[c]
Seeding should take place either
between April 1 and May 15 or September 1 and October 15. Planting
areas shall be soaked to maintain a consistent level of moisture for
at least four to six weeks.
[d]
Once established, a single annual
mowing when plants are dormant should be sufficient to maintain a
wet meadow and/or basin floor.
[2]
Wet edges which remain wet all
or most of the year shall be planted with wildflowers, grasses, and
shrubs. Plants to be located on rims or banks which remain dry most
of the year should be planted with species tolerant of dry soil conditions.
[3]
Wooded areas:
[a]
Where stormwater management facilities
adjoin wooded areas, trees and shrubs shall be selected and planted
so as to blend with existing surroundings.
[b]
Plantings in such areas shall be
of sufficient density to eliminate the need for mowing.
[c]
Planting of clusters of trees and
shrubs around stormwater management facilities is recommended, where
applicable, to provide for wildlife habitat, wind control, and buffering
and screening.
[d]
Vegetation shall be planted during
appropriate times of the year, predominantly between late March and
mid-May or from early October until evidence of ground freezing, depending
upon the species selected. Most deciduous trees and shrubs can be
planted in either spring or fall. Evergreens are best planted in late
summer or early fall.
[4]
In cases where stormwater management
facilities are to be located in proximity to wetlands or waterways,
the applicant's planting plan and schedule shall consider the sensitive
conditions existing therein and be modified accordingly to reflect
existing flora.
[5]
Screening and buffering. Stormwater
management facilities shall be screened in a manner which complements
the existing landscape and provides sufficient access for maintenance.
Complete perimeter screening shall not be necessary; however, it shall
be the applicant's responsibility to demonstrate how the proposed
plantings achieve the desired screening effect.
(6)
Sidewalks. The waivers as provided for in § 180-16.1F may still be granted in part or in whole to this type of subdivision, except under the following circumstances:
(a)
Streets within a Conservation Subdivision shall
be required to have sidewalks on both sides of streets within the
developed portion of a Conservation Subdivision if the average size
of the single-family home lots located in developed area is less than
one acre.
(7)
Future development. Future subdivision of lands contained in the Conservation Subdivision, including the undeveloped area, shall be prohibited unless the land to be subdivided is in the undeveloped area in which the subdivision would create another lot for any one of the uses listed in § 200-38.1D(2)(b). However, it shall be noted that in the undeveloped area, only one farmhouse shall be permitted, whether the required undeveloped area includes one lot or multiple lots.
(8)
Parkland requirements. The requirements for
the dedication of parkland and open space and/or fee-in-lieu-of payment
shall be required with the following additional regulations:
(a)
The undeveloped area of a Conservation Subdivision may be used to satisfy the parkland and open space requirements of § 180-26 if the proposed use of the undeveloped area would satisfy the intent of § 180-26. However, in instances where a parent tract may be in more than one district with only one of those districts being a rural district where these regulations are applicable, the parkland requirement for the portion of the development outside of the rural district shall not be included in the sixty-five-percent open space requirement of the rural district.
(b)
Council may waive the parkland and open space
requirement if the applicant can demonstrate that the portion of the
Conservation Subdivision which is to remain undeveloped can provide
for recreational opportunities such as walking trails, biking trails
and/or active recreation areas.
E.
Combination of subdivision options. The Country Lot
Subdivision and Conservation Subdivision can be used in combination
for subdividing a tract of land under the following requirements:
(1)
The parent tract(s) to be subdivided is greater
than 20 acres, with both types of subdivision equal to or greater
than 10 acres.
(2)
The developer shall identify the portions of
the parent tract to be subdivided using a particular subdivision method.
(3)
Number of lots to be created. The number of
lots to be created using the portion of the parent tract devoted to
a specific subdivision method as if it were the parent tract.
(4)
Undeveloped areas of the Conservation Subdivision.
The undeveloped area required as part of a Conservation Subdivision
shall be at least 65% of the portion of the parent tract identified
to be subdivided using the Conservation Subdivision method. Conversely,
the developed area shall be no larger than 35% of the portion of the
parent tract identified to be subdivided using this method.
(5)
All other provisions of their respective subdivision
requirements shall be required.[3]
[3]
Editor's Note: Former Subsection F, Churches and places of
worship, parish houses and convents and public and private nursery,
kindergarten, elementary and secondary schools, was repealed 7-15-2010
by Ord. No. O-10-04.
[1]
Editor's Note: Former § 200-38.1,
Impervious surface coverage ratios, added 7-28-1988 by Ord. No. O-88-7,
as amended, was repealed 6-23-1994 by Ord. No. O-94-03.
[1]
Editor's Note: Former § 200-38.2, Corridor Overlay
District, was repealed 10-1-2020 by Ord. No. O-20-05.
[Added 6-23-1994 by Ord. No. O-94-03]
Patio houses, as defined in § 200-7 are permitted, provided that:
A.
The side yard shall be either zero or the minimum
distance as provided for in the district regulations.
B.
Where a dwelling unit is located on a lot line, an
easement, shall be provided for permanent access by the adjacent property
owner or homeowners association to maintain the exterior portion of
the dwelling unit wall along the zero lot line. Overhang of roof eaves
shall be permitted, provided that no more than two feet of overhang
encroaches into the easement on the zero lot line side of the dwelling
unit.
C.
Doors, windows or other access openings are prohibited
on the zero lot line side of the dwelling unit.
D.
Exhaust vents (laundry, bathroom, etc.) are prohibited
on the zero lot line side of the dwelling unit.
E.
Noncombustible material must be used when buildings are separated
by 10 feet or less.
[Added 11-20-2014 by Ord.
No. O-14-12]
F.
Patio houses may be attached to adjacent dwellings with walls or
fences to the side property line.
[Added 11-20-2014 by Ord.
No. O-14-12]
[Added 5-21-2009 by Ord. No. O-09-06; amended 6-20-2013 by Ord. No.
O-13-01]
Zoning requirements for applicable residential developments
may be reduced, as follows, upon the provision of workforce housing
within a development:
A.
Applicability. The regulations contained herein shall apply upon
the designation of dwelling units as workforce housing and shall be
applicable as follows:
(1)
General. A developer(s) of residential dwelling units shall
receive regulatory relief from zoning and/or subdivision of land regulations
as an incentive for providing workforce housing dwelling units. Such
relief shall be based upon the type and amount of dwelling units designated
as workforce housing in accordance with the regulations contained
in this section.
(2)
Mandatory requirement.
(a)
For those developments where the residential density is five
or more dwelling units per acre, the provision of workforce housing
is required. A development which exceeds this density threshold shall
designate a percentage of its total dwelling units as workforce housing
units in accordance with the minimum levels listed in the table below:
|
Density of Proposed Development
(dwellings per acre)
|
Percentage of Required Workforce Housing Units*
|
|---|---|
|
5 to 5.99
|
5%
|
|
6 to 6.99
|
6%
|
|
7 to 7.99
|
7%
|
|
8 to 8.99
|
8%
|
|
9 to 9.99
|
9%
|
|
10 or more
|
10%
|
|
* Reflects a percentage of the total number of dwelling units
within a development that are to be designated as workforce housing.
In case of a fraction, the required number of units shall be rounded
to the next highest whole unit.
|
(b)
Developers can exceed the minimum levels of mandatory workforce
housing listed above and shall receive any additional incentives in
accordance with the regulations below.
(c)
Any residential development which proposes 10 or less dwelling
units shall be exempt from this mandatory requirement.
(3)
Calculation of density. To determine residential density, the
following shall apply:
(a)
Density of a development containing residential dwelling units
shall be equal to the number of the proposed dwelling units divided
by the gross site area inclusive of proposed rights-of-way or any
other portion of the site to be dedicated to the Township or homeowners'
association.
B.
Incentives. The incentives provided to a residential developer are
on a per-dwelling-unit basis unless otherwise noted within the regulations.
The incentives offered below will differ depending on the type of
dwelling that is being designated as workforce housing.
(1)
Single-family house and duplex. All single-family houses, duplexes
and/or any other structure containing two or less dwelling units in
which at least one is designated as workforce housing shall be permitted
to the following regulatory reductions:
(a)
Minimum lot size and density: 5,000 square feet per dwelling
unit or that permitted under existing zoning, whichever is less with
one exception: In the Single-Family Residential Zoning District (R-1),
only those lots two acres or greater in size can be developed with
multiple duplexes not to exceed a density of seven dwelling units
per acre. This calculation shall be inclusive of all land proposed
for development including all proposed rights-of-way, parkland/open
space areas, stormwater management facilities, and the like.
[Amended 9-15-2016 by Ord. No. O-16-05]
(b)
Minimum lot width: 40 feet per unit.
(c)
Maximum impervious coverage: 55%.
(d)
Side setback. The side yard setback for a lot containing workforce
housing dwelling unit(s) may be reduced to seven feet. Side yard setbacks
may also be reduced to seven feet for market-rate housing units for
those side yards that directly abut lots containing workforce housing
dwelling units.
(e)
Parkland and open space requirements. The parkland and open space requirements of § 180-26B may be waived for dwelling units designated as workforce housing. Those subdivisions or land developments which thereby reduce the parkland and open space requirements by more than 50% shall only be permitted to do so under the following conditions:
[1]
All workforce housing units within the residential
development will have safe, reasonable access via sidewalks, paths
or bike paths to parkland or open space located within or near the
subject residential development.
[2]
No workforce housing unit shall be more than 1/4
mile from parkland or open space in or near the subject development
as measured between the two closest points of property lines of the
workforce housing unit and park or open space perimeter.
[3]
For the purposes of this Subsection B(1)(e) of § 200-38.4, parkland and open space shall be considered as that designated as "existing parks" or "recreation land owned by others" and available for public use. In addition, land owned by the State College Area School District may also be considered as parkland and open space if such land contains recreation facilities that can be used by the public.
(f)
Sidewalk. The amount of sidewalks required pursuant to § 180-16.1 may be reduced in an amount equal to the total street frontage of all lots containing dwelling units defined as workforce housing units pursuant to the following:
NOTE: See also §§ 180-16, Streets, and 180-16.1, Sidewalks.
[1]
The reduction may take place anywhere within the
subdivision or land development containing workforce housing units.
[2]
Any collector or arterial streets within the residential
development should have a sidewalk on both sides of the street. All
other streets (public or private) shall have a sidewalk on at least
one side of the street.
[3]
Sidewalks shall provide access to any parkland,
open space or school within or adjacent to the development.
[4]
In instances where a development of single-family
houses and/or duplexes developed with multiple dwellings on a single
lot in which the development contains workforce housing units, the
reduction in sidewalks shall be calculated as follows:
[a]
The reduction in required sidewalk may be in an
equal proportion to the percentage of the total proposed dwelling
units which are designated as workforce housing.
[b]
Regardless of the amount of sidewalk permitted to be reduced as calculated above, a sidewalk shall be provided along an adjacent public street as noted above in § 200-38.4B(1)(f)[2] and [3].
[5]
The sidewalk reduction is not guaranteed upon the provision of workforce housing. Approval of such reduction by Council will be based upon ability to meet the conditions set forth § 200-38.4B(1)(f)[2] and [3].
NOTE: See §§ 180-16, Streets, and 180-16.1, Sidewalks.
(g)
Additional bonus. The reduced lot requirements noted in § 200-38.4B(1)(a) through (e) above may also be applied to market-rate housing units in addition to that of the designated workforce housing units based on the following ratios or fractions thereof rounded to the nearest whole number:
[1]
For every two workforce housing units which are affordable to those households with incomes between 80% to 100% of AMI, one market-rate housing unit shall be permitted to have similar lot requirements noted above in § 200-38.4B(1)(a) through (e).
[2]
For every one workforce housing unit which is affordable to those households making less than or equal to 80% of AMI, one market-rate housing unit shall be permitted to have similar requirements noted above in § 200-38.4B(1)(a) through (e).
(h)
Accessory dwellings. Single-family houses designated as workforce housing may be permitted to contain accessory dwellings pursuant to § 200-11A(1). If the accessory dwelling unit is to be rented, than the anticipated income from renting the accessory dwelling unit shall be included in calculating a household's total income when certifying income of potential buyers of a workforce housing unit.
(2)
Townhouse and multifamily units. All townhouse, multifamily
units and/or any other structure containing three or more dwelling
units in which some or all are designated as workforce housing units
shall be permitted to the following regulatory reductions:
(a)
Maximum impervious coverage. The maximum impervious coverage
for a development containing workforce housing units may be increased
above that permitted in the zoning district by an amount equal to
the total gross floor area of those units designated as workforce
housing units. However, in no instance shall the impervious coverage
exceed 55%, regardless of the number of workforce housing units.
(b)
Parkland and open space requirement. The parkland and open space requirements of § 180-26B shall be waived for all townhouse and multifamily dwelling units designated as workforce housing. Those subdivisions or land developments which thereby could reduce the parkland and open space requirements by more than 50% shall only be permitted to do so in the same manner as that allowed for single-family houses and duplexes as noted in § 200-38.4B(1)(e).
(c)
Occupancy limit. The occupancy of unrelated individuals as established in § 200-11Z may be increased from three to five individuals as follows:
[1]
For each unit designated as workforce housing,
one unit in the development may be permitted to have up to five unrelated
individuals residing within it.
[2]
The unit which is permitted to have the increased
occupancy, as noted above, does not have to be designated as workforce
housing and can be located anywhere within the residential development
containing the workforce housing.
(d)
Permitted height. The permitted height of a building may be
increased by 10 feet above that permitted in the zoning district regulations,
if the building contains either two dwelling units or 10% of the total
dwelling units, whichever is greater, are designated as workforce
housing.
(3)
Planned residential developments. The workforce housing regulations herein are also applicable to planned residential developments as permitted in Chapter 145, Planned Residential Developments, with the following incentives:
(a)
Maximum building coverage. The total ground floor area of all
buildings and structures shall be permitted to exceed 30% of the total
land area of the planned residential development in a manner equal
to an increase of coverage by 1% for every 1% of total number of dwelling
units which are designated as workforce housing. However, regardless
of the number of dwellings designated as workforce housing, the total
building coverage shall not exceed 40% of the total land area of a
planned residential development.
(b)
Maximum total impervious coverage. The maximum impervious surfaces
shall be permitted to exceed 50% of the total area of the planned
residential development in a manner equal to an increase of impervious
coverage by 1% for every 1% of the total number of dwelling units
which are designated as workforce housing. However, regardless of
the number of dwellings designated as workforce housing, the total
impervious coverage shall not exceed 60% of the total planned residential
development.
(c)
Open space. The minimum amount of open space required in § 145-18A may be decreased below 30% of the total area of the planned residential development in a manner equal to a decrease of 1% for every 1% of the total number of dwelling units which are designated as workforce housing. However, regardless of the number of dwellings designated as workforce housing, the total open space required may not be decreased beyond 20% of the total area of the planned residential development.
(d)
Additional bonus. The maximum amount of land devoted to nonresidential
uses within a planned residential development shall be permitted to
exceed 20% in a manner equal to an increase in nonresidential land
by 1% for every 1% of the total number of dwelling units which are
designated as workforce housing for households earning less than 80%
of the area median income. However, regardless of the number of dwellings
designated as such, the maximum area of land devoted to nonresidential
uses shall not exceed 30%.
C.
Provision of workforce housing. All workforce housing units proposed
in a land development and/or subdivision are required to be built
on site covered by such plan unless one of the following options enumerated
below is utilized. In such instances, the developer shall continue
to retain the incentives applied to on-site development for the number
of workforce housing units being provided for under the options listed
below:
(1)
Fee in lieu. An applicant may pay a fee in lieu of constructing
some or all of the workforce housing units which it is receiving incentives
for given the following regulations:
(a)
College Township Council shall establish by resolution the amount
of the fee-in-lieu payment per unit, which shall be based on actual
construction costs and inclusion of land purchase costs.
(b)
To determine the total fee-in-lieu payment, the per-unit amount
established by the Township shall be multiplied by the number of workforce
housing units otherwise required to be constructed or as desired by
the developer to be eligible for the incentives.
(c)
The Township shall be required to establish and administer a
workforce housing fund into which all fee-in-lieu payments shall be
deposited. The Township shall then be required to use such funds to
further its mission of providing workforce housing as defined herein.
(2)
Land donation. Land within College Township may be donated to
the Township or its designee in place of workforce housing dwelling
units being built within a proposed development pursuant to the following:
(a)
The value of the land must be equal to or greater than the value of the fee-in-lieu payment noted above in Subsection C(1) to be calculated as follows:
[1]
The value of the land will be determined by an
appraisal completed by a certified appraiser. Each party (developer
and the Township) shall submit an appraisal.
[2]
If the lower appraised value is 90% or greater
of the other appraisal, the two appraised values shall be averaged.
[3]
If the lower appraisal value is less than 90% of
the other appraisal, then each appraiser shall, within 15 days of
notice from the Township, agree on a third appraiser, the cost of
which is to be shared equally by the Township and the developer. Within
30 days of notice of his appointment, the third appraiser shall submit
an appraisal. The middle of the three appraised values shall be used
to determine the value of the land to be donated.
[4]
If both the Township and the developer agree, the
requirement for the appraisal process above in whole or in part may
be waived upon mutual agreement between the Township and the developer.
(b)
The land to be donated must meet all applicable zoning, land
development and subdivision requirements to construct the desired
type and amount of units.
(3)
Off-site development (new dwellings). Workforce housing units
otherwise required to be constructed or as desired by the developer
to be eligible for the incentives listed above may be constructed
off site given the following regulations:
(a)
Location. The dwelling units to be utilized to satisfy the workforce
provisions shall be located within College Township.
(b)
Number of. The total number of units provided off site shall
be equal to those which would have been provided on site.
(c)
Approval. The applicant must obtain off-site development plan
approval from the Township at the same time the applicant obtains
plan approval for the proposed market-rate units within the covered
development. The off-site development plan must include, among other
land development plan requirements, documentation of site control,
necessary financing in place to complete the off-site development,
architectural designs and elevations, and any other documentation
deemed necessary by the Township to ensure compliance with the regulations
contained herein.
(4)
Existing dwellings. A developer may designate dwelling units which have already been constructed as workforce housing units to meet his obligation (whether voluntary or mandatory) to obtain the incentives listed in § 200-38.4B for a particular development. Such off-site, existing dwelling units shall meet the regulations listed above in § 200-38.4C(3) and the following additional regulations:
(a)
The units must be inspected and rehabilitated to meet current
building codes.
(b)
The proposed dwellings to be designated as workforce housing
units shall be considered market-rate units. Utilizing this provision
shall result in the conversion of market-rate dwellings to income-restricted
workforce housing dwelling units.
(5)
Credits for existing workforce housing. A developer of a new
development may be given credit for previously built dwelling units
which could be defined as workforce housing given the following regulations:
(a)
The existing dwelling units in which a developer is seeking
credit shall not have previously been created or in any way developed
utilizing the regulatory relief provided herein.
(b)
The developer shall only receive credit in whole or in part to relieve him of the mandatory obligation of providing workforce housing units as stipulated in § 200-38.4A(2). If the number of dwelling units being credited toward a developer's mandatory obligation is less than that required under § 200-38.4A(2), then the developer shall be required to provide workforce housing units equal to the difference of the credit and the mandatory requirement.
(c)
In order for a previously built dwelling unit(s) to be credited
towards a development's workforce housing obligation, each credited
unit must:
[1]
Have received its certificate of occupancy no more
than five years prior to the date of the developer's submission of
the new subdivision or land development plan; and
D.
Supplemental workforce housing regulations. In addition to the regulations
above, all workforce housing units shall have the following requirements:
(1)
Amenities. Workforce housing units may differ from the market-rate
units in a development with regard to interior amenities and gross
floor area, provided that:
(2)
Timing of construction. Workforce housing units shall be made
available for occupancy at approximately the same rate as the market
units, except that certificates of occupancy for the last 15% of the
market-rate units shall be withheld until certificates of occupancy
have been issued for all of the workforce units.
(3)
Cost offsets. The Township may discount or defer municipal fees
associated with the approval process of a subdivision/land development.
Any developer of workforce units may submit a request for a discount
or deferment of fees. The request must also contain information detailing
how real costs will be reduced and how the savings will be passed
on to the workforce housing units. The Township Council's decision
on a discount or deferment of municipal fees will be based upon Council
determining that such savings will be appropriate and directly proportionate
to the reduction in unit sales or rental costs. The Township shall
review the request and provide an answer to the developer within 30
days of receipt of the request.
(4)
Certification of buyers. Prior to executing a purchase contract
for any workforce unit, the prospective workforce unit buyer shall
be certified as meeting income requirements for the specified unit
by the Township or its designee. Developers and workforce housing
unit buyers may execute only purchase agreements that are approved
as to form by the Township or its designee. The purchase agreement
shall include language attached as an addendum provided by the Township
or its designee which shall require that an appropriate disclosure
form be provided to and explained to the workforce housing unit buyer
prior to execution of the contract. The disclosure form shall explain
any deed restrictions, restrictive covenants, and/or liens that are
placed on the workforce housing unit to ensure long-term affordability.
(5)
Certification of renters. Prior to renting a workforce unit,
the prospective renter shall be certified as meeting income requirements
by the Township or its designee. The following limitations shall apply
to the certification of renters:
(6)
Ensuring affordability. To ensure that any unit created under
this section of the Zoning Ordinance (rented or owner-occupied) remains
affordable over time, the owner of said unit(s) shall be required
to maintain affordability based upon a legally binding agreement with
either the Township or its designee, to be recorded at the Centre
County Recorder of Deeds. Said agreement shall include:
(a)
The period for which the units shall remain affordable, which
at a minimum should be at least 30 years from the date of initial
occupancy of a workforce housing unit;
(b)
The process for certifying subsequent buyers of workforce housing
dwelling units for the duration of the specified period of affordability;
(c)
The level of affordability, including the amount of equity able
to be recouped by the homeowner or owner of a rental property containing
workforce housing units upon sale of the property; and
(d)
A provision allowing the Township or its designee to first be offered the right to purchase a workforce housing unit prior to selling said unit without income restrictions if such sale is to occur after the affordability period noted above in § 200-38.4D(6)(a) with the following stipulations:
[1]
The resale price which the Township or its designee shall pay the owner of the workforce housing unit(s) shall be no less than that calculated in § 200-38.4D(10) below;
[2]
The Township or its designee shall be given a period
of 90 days to execute a purchase agreement for said unit(s).
[3]
Upon reaching the end of the ninety-day resale
period or upon notice by the municipality or its designee that there
is no interest in the workforce housing unit, the owner will be free
to sell the unit.
(7)
Calculation of rental prices. Workforce housing units which are to be rented shall have a rental price which is affordable to households which earn 65% or less of the area median income, with the exception of those housing units which have a rent-to-own option pursuant to § 200-38.4D(12). Affordability shall be determined as monthly housing expenses being no greater than 30% of the household gross monthly income based upon household size assumptions noted in § 200-38.4D(11). Monthly housing expenses shall be calculated as the sum total of the monthly rent, plus the current utility allowance per the Housing Authority of Centre County.
(8)
Rental price increases. Annual rent increases shall be limited
to the percentage increase in the median household income within the
State College metropolitan statistical area.
(9)
Calculation of sales prices. Workforce housing units which are
to be sold shall have a sale price which is affordable to households
which earn 100% or less of the area median income. Affordability shall
be determined as monthly housing expenses being no greater than 30%
of the household gross monthly income based upon household size assumptions.
Monthly housing expenses shall be calculated as the sum total of the
principal and interest of the mortgage plus all property taxes, homeowners'
insurance, homeowners' association fees, and any other fees approved
for inclusion by the Township.
(10)
Resale value of workforce housing units. The resale value of a workforce housing unit(s) during the affordability period stipulated in § 200-38.4D(6)(a) shall be limited to the lowest of:
(a)
The purchase price plus an increase based on the percentage
increase in the Consumer Price Index for the State College metropolitan
statistical area (MSA) for all urban consumers since the date of previous
purchase; or
(b)
The purchase price plus an increase, based on the percentage
increase in the area median income since the date of purchase; or
(c)
The purchase price plus an increase, based upon the compound
average growth rate of Centre Region average house sale prices since
the date of purchase; or
(d)
The fair market value.
(11)
Household size assumption. In calculating rent or sales price
of a workforce housing unit, the following maximum relationship between
unit size and assumed household size to determine income affordability
shall apply:
(12)
Rent to own. Workforce housing units which are part of a rent-to-own
program may be rented to households who earn more than 65%, but less
than 100%, of the AMI subject to the following:
(a)
The minimum duration of the initial term of a lease for renting
the workforce housing unit shall be for no less than an initial 18
months followed by the ability to be annually renewed. In addition
the duration of the lease may be shortened upon the tenant entering
into an option to purchase the workforce housing unit.
(b)
The owner of the workforce housing unit(s) must also enter into
an agreement with the tenant of the rent-to-own unit which will specify
the terms of the program.
(c)
The rent-to-own agreement between the owner and the renter of
the workforce housing unit shall include provisions for a percentage
of the rent to be set aside and utilized towards the purchase of the
unit by the renter.
(d)
The rent-to-own agreement shall be provided to the Township
for review to determine if the rent-to-own terms will lead to an acceptable
number of renters succeeding in obtaining ownership of the workforce
housing unit.
E.
Administration. College Township and/or its designee shall ensure compliance with all regulations contained herein and/or Chapter 180, Subdivision of Land, and Chapter 200, Zoning. The developer shall draft and submit for approval a legally binding agreement which states the responsibilities of all entities involved with the ongoing administration, and marketing of, and compliance with these regulations upon approval of a development containing workforce housing units. College Township shall reserve the right to designate another legal entity for the purpose of administrative needs of this section of who should be a party in all legally binding agreements required in this section.
[Added 12-20-2012 by Ord. No. O-12-07; amended 11-19-2015 by Ord. No. O-15-09]
All land defined herein as the Wellhead Protection Overlay District
and as shown on the College Township Zoning Map shall be subject to
the following regulations regardless of the district regulations within
which the land and structures are located:
A.
Intent. It is the intent of this overlay district to promote the
following:
(1)
To protect the public health, safety and welfare through the
preservation of the groundwater resources of public water supplies;
(2)
To ensure a future supply of safe, reliable and healthful drinking
water for the residents of College Township; and
(3)
To reduce potential contamination of public water supplies from
nearby land uses.
B.
Location of district.
(1)
The Wellhead Protection Overlay District shall be located in
an area equal to a one-thousand-two-hundred-foot radius extending
from each well supplying potable water to the College Township or
State College Borough Water Authority. This does not include any wells
on the Penn State University property.
(2)
In addition to the above location, the Wellhead Protection Overlay
District shall also include the following environmentally sensitive
areas found within the area identified as Zone 2 within a public water
supplier's source water protection plan.
(a)
Nolin Soils plus an additional 100 feet measured perpendicularly
from the edges of the Nolin Soils.
(b)
Streams as identified on the College Township Zoning Map plus
an additional 100 feet measured perpendicularly from the top of bank.
(c)
Jurisdictional wetlands as identified in the National Wetland
Inventory plus an additional 100 feet measured perpendicularly from
the edges of the wetlands.
(d)
One-hundred-year floodplain as identified by the Federal Emergency
Management Administration.
(3)
The location of the overlay district is shown on the College
Township Zoning Map. Any person, developer or entity performing subdivision,
land development, or otherwise obtaining a permit from College Township
shall verify if their property or portion thereof is within the Wellhead
Protection Overlay District based on the location criteria above.
C.
Relationship to other regulations. The provisions of the Wellhead
Protection Overlay District shall be in addition to those established
by each underlying zoning district as well as any other applicable
zoning regulation. In instances where regulations of this district
are in conflict with that of zoning or any other municipal regulation,
the stricter shall apply.
D.
Prohibited land uses. The use of land and/or structures within the
Wellhead Protection Overlay District shall be permitted in accordance
with the underlying zoning district with the exception of the following,
which are expressly prohibited:
(1)
Automobile wrecking, junk and scrap establishments;
(2)
Automobile service stations;
(3)
Cemeteries and burial plots;
(4)
Dry-cleaning establishments;
(5)
Land application or storage of sewage wastewater and sludges;
(6)
Livestock operations which are defined and regulated as concentrated
animal feeding operations by the federal government pursuant to 40
CFR 122.23(b)(1) or are defined and regulated as concentrated animal
operations by the Commonwealth of Pennsylvania pursuant to 25 Pa.
Code § 83.262, as amended, shall not be permitted.
(7)
Mining and quarrying;
(8)
Sanitary landfills, incinerators, and solid waste recycling
and composting facilities;
(9)
Sewage treatment facilities including on-lot sewage disposal
systems (does not include conveyance system). This prohibition shall
not apply to existing treatment facilities including replacement on-lot
sewage disposal systems;
(10)
Storage of bulk material not in a container/bag such as road
salt, deicing chemicals, etc.;
(11)
Storage and/or mixing of any regulated substances as defined
herein in quantities greater than those associated with normal household
use;
(12)
Uses which involve as a principal activity the manufacture,
processing, storage, use, transportation, and/or disposal of regulated
substances as defined herein;
(13)
Uses which involve as a principal activity the manufacture,
processing, storage, use, transportation, and/or disposal of petroleum
or asphaltic-based products.
E.
Limited uses. The following uses shall be designated as limited uses,
which shall require review by the public water well owner in addition
to any other governmental review.
(1)
The land application or storage of animal manure, fertilizer,
fungicide, herbicide, and pesticides.
(2)
Parking lots shall be permitted if they are paved with an impermeable material of which collects and conveys stormwater to either a stormwater facility outside of the Wellhead Protection Overlay District or to a stormwater facility as noted in Subsection E(3) below.
(3)
Stormwater facilities shall be permitted if special precautions
are taken to limit infiltration within the Wellhead Protection Overlay
Zone, such as the installation of linings, impermeable beds, or other
methods considered acceptable by the public water well owner.
(4)
Wells shall be permitted for the following purposes.
(5)
The importation of fill into a site shall be permitted only if it can be certified as clean fill compliant with Pennsylvania Department of Environmental Protection Document Number 258-2182-773. Allowable materials include soil, rock, stone, dredged materials, used asphalt pavement, brick, block or concrete given that the material is virtually inert and stipulated as such prior to filling. A land development plan will need to be submitted for fill activities in accordance with Chapter 180, Subdivision of Land.
F.
Impervious coverage. The maximum impervious coverage of a lot within
the Wellhead Protection Overlay District shall not exceed 60% or the
maximum impervious coverage permitted in the underlying zoning district,
whichever is less. For those lots which are only located partially
within the Wellhead Protection Overlay District, the reduction in
maximum impervious coverage shall be proportionate to the amount of
area of a given lot located within the Wellhead Protection Overlay
District.
G.
Public well owner review. Prior to the commencement of any of the
activities and/or uses designated as a limited use, an application
shall be made to the owner of the public water well with the following
requirements.
(1)
(2)
It shall be the responsibility of the owner of the public water
well to determine within 30 days that the limited use will not pose
a detriment to the public water well and meets all of the prerequisite
requirements of said use. The applicant and the public water well
owner may agree on a longer review time based upon the complexity
of the application.
(3)
In instances where a zoning permit, land development, and/or
subdivision approval are also required, such shall not be granted
until the owner of the public water well has reviewed the applicant's
use or the allotted review time noted above has passed.
H.
Reporting requirements. Limited uses and nonconforming uses shall
follow the reporting requirements set forth below.
(1)
A landowner or his/her duly designated representative shall
submit a facility/substance profile sheet as provided by the Township
(sample attached to this section[1]) within 90 days of enactment of this section or prior to commencement of an activity or land use listed in § 200-38.5D. Any change in information provided on such sheet shall result in a new submission of the Township's facility/substance profile sheet.
[1]
Editor's Note: Said sample is on file in the Township offices.
(2)
Provide copies of all federal, state, and county operational
approvals, certificates, permits and applications, ongoing environmental
reports and monitoring results relating to environmental, pollution
control, hazardous substance, and drinking water laws and regulations
pertaining to such lot or tract of land, as and when required to be
submitted to federal, state, and county governmental authorities.
(3)
In the event that any contaminants and/or substances regulated
under federal or state environmental, pollution control, hazardous
substance, and drinking water laws and regulations are released in
reportable quantities on or from any lot or tract of land within any
wellhead protection area, copies of any and all notices, reports and
documents which such owner filed with any federal, state, and/or county
governmental authorities which relate to such release, as and when
such notices, reports and documents are required to be filed with
such governmental authorities.
(4)
Provide copies of all notices, orders, rules, decisions, recommendations,
enforcement actions, and similar documentation, as and when received
by such record owner of any such lot or tract of land from any federal,
state or county governmental authority in connection with the enforcement
of environmental, pollution control, hazardous substance, and drinking
water laws and regulations; and required to be submitted to federal,
state, and county governmental authorities.
I.
Nonconformities. Uses of lots or tracts of land in existence on the date of enactment of this section, which are considered a prohibited land use noted above in Subsection D, shall be deemed to be nonconforming uses as prescribed under Article IX of this chapter given that the use(s) remains otherwise lawful and is not an actual known source of groundwater contamination.
All regulations governing signs in the Township are stipulated in Chapter 170, Signs, known as the "Sign Ordinance of College Township."
[Added 4-16-2015 by Ord.
No. O-15-05; amended 9-15-2016 by Ord. No. O-16-09; 12-15-2016 by Ord. No. O-16-11; 7-21-2022 by Ord. No. O-22-02]
In addition to all other applicable regulations of this chapter,
wireless communications facilities (WCFs) shall be regulated as follows:
A.
ALTERNATIVE WIRELESS COMMUNICATIONS STRUCTURE
CO-LOCATION
COMMUNICATIONS ANTENNA
FCC
HISTORIC DISTRICT
MODIFICATION OF A WIRELESS COMMUNICATIONS FACILITY OR MODIFY
(MODIFICATION OF A WCF)
MONOPOLE
RELATED EQUIPMENT
REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT
OF A WCF)
RIGHT-OF-WAY
SUBSTANTIAL CHANGE
WIRELESS COMMUNICATIONS
WIRELESS COMMUNICATIONS FACILITIES, TOWER-BASED
WIRELESS COMMUNICATIONS FACILITY
WIRELESS COMMUNICATIONS FACILITY, ATTACHED
WIRELESS COMMUNICATIONS FACILITY, SMALL
(1)
(2)
(3)
(4)
(5)
(6)
WIRELESS COMMUNICATIONS TOWER
WIRELESS SUPPORT STRUCTURE
Definitions. Unless a contrary intention clearly appears, the following
words and phrases shall have the meaning given in this section. All
words and terms not defined herein shall be used with a meaning of
standard usage.
A new man-made structure located wholly outside of the public
right-of-way that supports communication antennas which are concealed
or camouflaged from view by unobtrusively blending in aesthetically
with the surrounding environment. Such structures include simulated
trees, clock towers, bell steeples, flagpole, silos. For regulatory
purposes, such structures shall be considered attached wireless communications
facilities.
The mounting of one or more WCFs, including antennas, on
a pre-existing structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including, but not limited
to, directional antennas, such as panels, microwave dishes, satellite
dishes, and omnidirectional antennas, such as whip antennas. Not included
are antennas and supportive structures on residential dwellings for
private noncommercial amateur purposes, including, but not limited
to, ham radios and citizens band radios that are regulated by the
residential district sections of this chapter.
Federal Communications Commission.
An historic zoning district as established by the Code of
the Township of College.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A wireless communications facility or site that consists
of a single pole structure, designed and erected on the ground or
on top of a structure, to support communications antennas and connective
appurtenances. Connective appurtenances can include, but are not limited
to, feeder cables, climb ladders, platforms, ice shields, and other
accessory infrastructure associated with a wireless communications
facility.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
The area on, below or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property. The term does
not include a federal interstate highway.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
Transmission of electromagnetic radiation through the air
for the purpose of sending and/or receiving communications including
but not limited to infrared line of sight, cellular, personal communications
services (PCS), microwave, satellite, or radio signals.
Any wireless communications tower that is designed and constructed
primarily for the purpose of supporting one or more communications
antennas for wireless communications purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
the wireless communications tower and any related equipment.
The set of equipment and network components including communications
antennas, transmitters, receivers, data collection units, and related
equipment used to provide wireless data and communications services.
A wireless communications facility consisting of a communications
antenna attached to or mounted on a structure not specifically designed
and constructed for supporting communications antennas. Such structure
may include but is not limited to buildings, utility poles, signs,
and water tanks. This term includes the communications antenna(s)
and any related equipment.
A wireless communications facility that meets the following
criteria:
The wireless support structure on which antenna facilities are
mounted:
Each antenna associated with the deployment (excluding the related
equipment) is no more than three cubic feet in volume; and
All related equipment associated with the wireless support structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the wireless support structure,
is cumulatively no more than 28 cubic feet in volume;
The wireless communications facility does not require antenna
structure registration under 47 CFR Part 17;
The wireless communications facility is not located on tribal
lands, as defined under 36 CFR 800.16(x); and
The wireless communications facility does not result in human
exposure to radiofrequency radiation in excess of the applicable safety
standards specified in 47 CFR 1.1307(b).
Any structure built for the sole or primary purpose of supporting
any Federal Communications Commission licensed or authorized antennas
and their associated facilities.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, that could
support the placement or installation of wireless telecommunications
facilities, if approved by the Township.
B.
General. The following regulations shall apply to all wireless communications
facilities:
(1)
Standard of care. Any WCFs shall be designed, constructed, operated,
maintained, repaired, modified, and removed in strict compliance with
all current applicable technical, safety, and safety-related codes
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the accepted and responsible workmanlike
industry practices of the National Association of Tower Erectors,
the structural standards of the American Association of State Highway
and Transportation Officials or any other industry standard applicable
to the structure, and any applicable regulations of the Pennsylvania
Public Utility Commission or Federal Communications Commission. Any
WCFs shall at all times be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township. In the event of a change to any applicable
standard or regulation, the owner of the WCF shall bring such WCF
in to compliance with such change within 90 days, unless a different
time frame is required by law.
(2)
Engineer signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer
licensed in the Commonwealth of Pennsylvania, certifying compliance
with all local, state and federal laws and regulations applicable
to the proposed WCF.
(3)
Wind. Any WCF structures shall be designed to withstand the
effects of wind according to the standard designed by the ANSI, as
prepared by the engineering departments of the Electronics Industry
Association, and telecommunications industry.
(4)
Public safety communications. No WCF shall interfere with public
safety communications or the reception of broadband, television, radio,
or other communication services enjoyed by occupants of nearby properties.
(5)
Maintenance. The following maintenance requirements shall apply.
(a)
Any WCFs shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance and activities shall utilize the best available
technology for preventing failures and accidents.
(d)
Any graffiti on the WCF or any related equipment shall be removed
at the sole expense of the owner within 10 business days of notice
of the existence of the graffiti.
(6)
Radio frequency emissions. No WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the Federal Communications Commission
(FCC) including, but not limited to, the FCC Office of Engineering
Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines
for Human Exposure to Radio Frequency Electromagnetic Fields," as
amended. The applicant shall provide, as part of a complete application
and subsequently upon request after construction, a statement from
a qualified licensed and professional registered engineer that the
nonionizing electromagnetic radiation (NIER) emitted from the WCF,
when measured in conjunction with the emissions from all communications
antennas on the tower, does not result in an exposure at any point
on or outside such facility that exceeds the lowest applicable exposure
standards established by the FCC or the ANSI.
(7)
Historic buildings or districts. No tower-based WCF, attached
WCF, or small WCF located outside the public rights-of-way may be
located on or within 200 feet of a site that is listed on the historic
register or in an historic district.
(8)
Identification and signs. All WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The notice shall not exceed two square feet in gross surface area and shall be maintained by the contact party. No other signs or form of advertisement shall be permitted on the WCF and related equipment except for "no trespassing" signs placed on security fencing or related equipment in accordance with Ch. 170.
(9)
FCC license. Each person that owns or operates a WCF over 40
feet in height shall submit to the Township a copy of its current
FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
(10)
Lighting. All WCFs shall not be artificially lighted, except
as required by the Federal Aviation Administration and as may be approved
by the Township. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations. No flag that requires lighting shall be located on the
structure.
(11)
Noise. All WCFs shall be operated and maintained in accordance with manufacturer's specifications so as not to produce noise in excess of applicable noise standards under state law and Ch. 93, Disorderly Conduct, of the College Township Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only, not to exceed 60 days total within a calendar year.
(12)
Aviation safety. All WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(13)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCFs and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCFs shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(14)
Nonconforming uses. Nonconforming WCFs that are hereafter damaged
or destroyed due to any reason or cause may be repaired and restored
at their former location, but must otherwise comply with the terms
and conditions of this section. Co-location of facilities may be permitted
on nonconforming structures in accordance with standards established
in the Pennsylvania Wireless Broadband Co-location Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(15)
Insurance. Each person that owns or operates a WCF shall provide
the Township with a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering the WCF.
(16)
Removal. In the event that use of a WCF is planned to be discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed, as
follows.
(a)
All unused or abandoned WCFs and accessory facilities shall
be removed within six months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(c)
Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations. The Township
must approve all replacements of portions of a tower-based WCF previously
removed.
(17)
Inspection. To the extent not deemed by the Pennsylvania Public
Utility Commission to be a "public utility," the Township reserves
the right to inspect any WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code of Ordinances or state or federal law. The Township and/or its
agents shall have the authority to enter the property upon which a
WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(18)
Removal, replacement and modification. The removal, replacement or material modification of a wireless communications facility for the purpose of upgrading or repairing the wireless communications facility shall be permitted provided that the necessary building permits are obtained pursuant to Chapter 82, Building and Construction Code, and the repair or upgrade does not substantially change the dimensions of the wireless communications facility.
(19)
Third party property. Where the WCF is located on a property
with another use, or where the WCF is co-located on a structure owned
by a party other than the applicant, the WCF applicant shall present
documentation to the Township Zoning Officer or Council that the owner
of the property and/or structure the WCF is to be co-located on has
granted an easement for the proposed WCF and that vehicular access
will be provided to the facility. Provision of such documentation
shall be a condition of approval of any application for a WCF.
(20)
Noncommercial usage exemption. Township residents or businesses
utilizing satellite dishes and antennae for the purpose of maintaining
television, phone, amateur (HAM) radio, and/or internet connections
at their respective residences or businesses shall be exempt from
the regulations enumerated in this section of the Zoning Ordinance.
(21)
Duration of permit. A permit for a WCF shall have a term of five years. Such permit shall be renewed for two additional five-year periods if the WCF applicant is in compliance with the criteria set forth in this § 200-39.1 and the WCF applicant has obtained all necessary consent from the owner of the structure or property upon which the WCF is located. The WCF applicant shall submit proof of such compliance with all requirements of this § 200-39.1 prior to the expiration of any five-year term.
C.
Tower-based wireless communications facilities outside the rights-of-way.
The following regulations shall apply to tower-based wireless communications
facilities located outside of the right-of-way (ROW):
(2)
Minimum lot area. No minimum lot, lease area and/or license
area size is required for a tower-based WCF, except as to comply with
the minimum requirements of the zoning district and the regulations
herein.
(3)
Setbacks. A tower-based WCF and related equipment shall be set back a minimum of that required of the applicable zoning district, except for the following: No tower-based WCFs shall be located closer than 200 feet or 110% of the proposed tower height, whichever is greater, from any existing residential lot line, or vacant lot in a residential zoning district as defined in § 200-10, regardless of zoning district in which the tower-based WCF and related equipment is located.
(4)
Height. The maximum height of a tower-based WCF shall be 175
feet, measured from the average natural grade of the approved facility
area to the top point of the tower or antenna, whichever is greater.
(5)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another agricultural, industrial, commercial, or municipal use,
subject to the following conditions:
(a)
The existing use on the property need not be affiliated with
the communications facility.
(b)
The minimum lot size shall be that necessary for the tower-based
WCF and any other land use to comply with the lot and setback requirements
of the applicable zoning district.
(c)
Minimum setbacks. The tower-based WCF and accompanying communications facility building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCFs shall be located closer than 200 feet or 110% of the proposed tower-based WCF height, whichever is greater, from any existing residential lot line or vacant lot in a residential zoning district as defined in § 200-10.
(6)
Design and construction.
(a)
The tower-based WCF shall be designed and constructed as a monopole.
Towers shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color as determined by the Township to harmonize
with the surroundings. Where feasible/appropriate, the tower or antenna
shall be constructed to blend in with the surrounding area.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township subject to the regulations herein if
the height is substantially changed as defined above in § 200-39.1A(17).
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for at least two additional users
if the tower is over 100 feet in height or for at least one additional
user if the tower is over 60 feet in height. Tower-based WCFs must
be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at various heights.
(d)
Guy wires are not permitted. The monopole must be self-supporting.
(7)
Fence/screen.
(a)
A security fence of approved design, of not less than eight
feet in height and no greater than 10 feet in height, shall completely
enclose the tower-based WCFs. The fencing required in this subsection
must also have a one-foot barbed arm slanted at a 45° angle that
runs along the entire top of the fence.
(b)
Landscaping, consisting of evergreen plantings that shall reach
a height of at least eight feet within five years of planting, shall
be required at the perimeter of the security fences and WCFs. Existing
wooded areas, tree lines, and hedgerows adjacent to the facility shall
be preserved and used to substitute or meet a portion of the buffer
yard requirements. When the WCF is located in a developed commercial
or industrial area, the Township Council may relax the buffer yard
regulations in exchange for another type of screening that is compatible
with the surrounding land use.
(8)
Related equipment.
(a)
Ground-mounted related equipment associated with, or connected
to, a tower-based WCF shall be underground, if possible, or located
within a building. In the event that an applicant can demonstrate
that the equipment cannot be located underground or enclosed in a
building to the satisfaction of the Township Engineer, then the ground-mounted
equipment shall be screened from public view.
(b)
All buildings and structures associated with a tower-based WCF
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(9)
Access road. If deemed necessary by Township Council, an access
road, turnaround space, and parking shall be provided to ensure adequate
emergency and service access to tower-based WCFs. Maximum use of existing
roads, whether public or private, shall be made to the extent practicable.
Road construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow natural
contours to assure minimal visual disturbance and minimize soil erosion.
The vehicular access to the tower-based WCF and communications facility
building related equipment shall meet the applicable municipal street
standards for private streets and/or driveway standards. Where applicable,
the WCF owner shall present documentation to the Township that the
property owner has granted an easement for the proposed facility road/driveway.
D.
Attached wireless communications facilities outside of right-of-way.
The following regulations shall apply to all attached wireless communications
facilities located outside of the ROW:
(1)
Location. Permitted in all zones attached to any structure except
as follows:
(a)
Attached WCF shall not be located on single-family homes, patio
homes, duplexes, and townhouses or structures accessory to such.
(b)
Attached WCF shall not be located within a distance equal to
110% the total combined height of the proposed WCF and wireless support
structure to the lot line of an existing single-family home, patio
home, duplex, or townhome as measured between the nearest points of
the lot line for the aforementioned structure and any portion of the
attached WCF.
(2)
Setbacks. If the WCF applicant proposes to locate the communications
equipment in a separate building, said building shall comply with
the minimum requirements for the applicable zoning district.
(3)
The highest point of an attached WCF located outside of a right-of-way
shall be no greater than 20 feet above the roof of a building or highest
point of a nonhabitable structure to the extent permissible by law.
(4)
Design regulations. Attached WCFs shall be designed in a manner that the antennas and all related equipment match the supporting structure to which they are attached or designed to minimize visibility in order to limit the aesthetic impact. The following additional regulations shall apply to attached WCFs located in districts other than those enumerated above in § 200-39.1C(1).
(b)
Any related equipment placed on the ground shall be located
inside a structure that is designed in a manner to resemble other
structures typically found within the zoning district where the attached
WCF is proposed except as noted below.
[1]
When located on a roof of a structure, the related
equipment located on the roof of a structure shall be set back or
located to minimize visibility or placed in an enclosure mounted on
the roof which matches the architecture in terms of materials and
colors of the structure it is located on.
[2]
If the related equipment is proposed to be within 200 feet of the lot line of an existing single-family home, patio home, duplex, or townhome as measured between the nearest points of the lot line for any of the aforementioned structure and any portion of the attached WCF, then the related equipment shall be located in an underground vault. However, if the existing single-family home, patio home, duplex or townhome is located in a commercial or industrial zoning district as defined § 200-8, the undergrounding of related equipment shall not be required.
(c)
Vehicular access to the communications equipment building shall
not interfere with the parking or vehicular circulations on the site
for the primary use.
E.
Small wireless communications facilities. The following regulations
shall apply to small wireless communications facilities.
(2)
Location and development standards.
(a)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
(3)
Time, place and manner. Once approved, the Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(4)
Attachment to municipal structures. The Township shall allow
the co-location of small WCFs to structures owned by the Township
in accordance with the hierarchy detailed in this section. If the
applicant is proposing the co-location of a small WCF on a lower priority
structure, it shall be a condition to the approval of the application
that the applicant provide evidence that co-location on a higher priority
structure or wireless support structure owned by a third party is
not technically feasible. In order from most preferable to least preferable,
the Township's co-location preferences are as follows.
(5)
Obstruction. Small WCFs and related equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Township.
(6)
Design standards. All small WCFs in the Township shall comply
with the requirements of the Township Small Wireless Communications
Facility Design Manual. A copy of such shall be kept on file at the
Township Zoning Department.
(7)
Obsolete equipment. As part of the construction, modification
or replacement of a small WCF, the applicant shall remove any obsolete
or abandoned equipment from the wireless support structure.
(8)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the ROW shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any WCF when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Township.
(9)
Time limit for completion of construction. The proposed co-location,
modification or replacement of a wireless support structure or the
installation of a new wireless support structure with small WCF attached
for which a permit is granted under this section shall be completed
within one year of the permit issuance date unless the Township and
the applicant agree in writing to extend the period.
(10)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
F.
Stealth design requirements. When stealth design is required, WCFs
shall be designed in a manner that they blend in with the surrounding
environment based upon the method of attachment or mounting of communications
antenna noted below.
(1)
Roof-mounted communications antenna. A WCF mounted on the roof
of an existing structure shall be concealed from view from the ROW
and adjacent property owners through the use of raised parapets, camouflaged
to look like an equipment or mechanical penthouse, by setting the
antennas back from the edge, or similar method that creates a visual
screen from the ROW and adjacent properties. See Figure 1 for examples.
 |
(2)
Facade-mounted communications antenna. A WCF mounted to and
supported by any part of an existing building or structure other than
a roof such as a building wall, mechanical penthouse screen, parapet,
column, side elements of a cupola, steeple, bell or water tower or
the side elements of similar structures shall be regulated as follows:
(a)
The communications antenna shall appear as an integral part
of the building by concealing from view the antennas with the use
of building material that matches the wall to which the antenna is
mounted or through painting the communications antenna to match the
wall to which it is mounted.
(b)
No part of the communications antenna shall extend above the
side element of the structure to which it is attached.
(c)
Figure 2 illustrates facade-mounted antennas.
 |
(4)
Tower-based wireless communication facility. Where a communications
antenna(s) is placed on a wireless communications tower and is required
to utilize stealth design, the wireless communications tower shall
be designed as a monopole and the communications antennas shall be
designed as follows:
(a)
The communications antenna(s) shall be concealed by material
sufficient to hide the antenna(s) from view. The overall diameter
of the antennas and their concealment shall be no greater than 150%
of the diameter of the pole to which it is mounted. The same shall
apply to any communications antenna(s) mounted on top of the pole.
Any extensions to the pole to raise the height of the communications
antenna shall maintain the same diameter of pole that is being extended.
(b)
The communications antenna(s) shall replicate the color and
material of the pole that the antenna is attached to unless College
Township Council or the Zoning Officer finds that another color or
material would be sufficient.
(c)
See Figure 3 for illustrative examples of pole-mounted antennas.
 |
(5)
Alternative wireless communication structure. Communications
antennas may also be concealed within new freestanding man-made structures
that are primarily designed to support communications antenna(s) which
are concealed within the building or structure. Examples of such include
but are not limited to simulated trees, clock towers, bell steeples,
flagpoles and silos. These structures shall have the following design
regulations.
(a)
No portion of the communications antenna(s) shall extend beyond
the outside edges of the building or structure that is designed to
camouflage the antenna(s).
(b)
All portions of the communications antenna(s) shall be concealed
and not visible.
(c)
The overall height of the alternative WCF structure shall not
exceed the maximum permitted building height in the respective zoning
district plus an additional 20 feet inclusive of all portions of the
structure and antenna(s).
(d)
Alternative WCF structures shall follow the review procedure established for tower-based WCFs in § 200-39.1G(1).
(e)
The alternative WCF structure shall only be permitted in zoning
districts where the replicated structure is a permitted primary or
accessory use.
(f)
See Figure 4 for illustrative example of alternative WCF structures.
 |
(6)
Maintenance. All WCFs utilizing stealth design shall properly
maintain the material used to conceal the communications antennas
so that they are not in a state of disrepair, considered a safety
hazard, or otherwise no longer serve the purpose of camouflaging the
antenna.
G.
Procedure.
(1)
All applications for development of a tower-based WCF that does not meet the definition of a small WCF shall be submitted to the Township via the conditional use process established in Articles I, II and III of Chapter 87, Conditional Uses. In addition, the following information shall be submitted at time of application:
(a)
Evidence of need. The applicant shall submit to College Township
evidence of the need for the tower-based WCFs in the proposed location
and that the applicant has exhausted all alternatives to locate on
an existing tower or structure (co-location). In addition, the applicant
must demonstrate via written evidence from a qualified, licensed,
professional engineer that, in terms of location and construction,
there are no existing towers, infrastructure tower-based WCFs, buildings,
structures, elevated tanks, or similar uses able to provide the platform
for the antenna within a one-third-mile radius or one-mile radius
for tower-based WCFs taller than 50 feet of the chosen location, unless
the applicant can demonstrate to the satisfaction of the Township
Council that a different distance is more reasonable. Co-location
is not possible if:
[1]
Capacity diagrams and technical reports demonstrate
that co-location on an existing tower-based WCF is not technically
possible in order to serve the desired need;
[2]
Planned equipment would exceed the structural capacity
of existing towers within the Township, considering existing and planned
use of those towers, and existing towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost;
[3]
Planned equipment will cause radio frequency (RF)
interference with other existing or planned equipment for that tower,
and the interference cannot be prevented at a reasonable cost;
[4]
Existing or approved towers do not have the space
on which planned equipment can be placed so it can function effectively
and at least in parity with other similar equipment in place or planned;
and/or
[5]
Other reasons can be demonstrated to the satisfaction
of the Township that make it impractical to place the equipment planned
by the applicant on existing and approved towers.
(b)
Notice. Upon receipt of a complete application for a tower-based
WCF, the applicant shall mail notice thereof to the owner or owners
of every property within 500 radial feet of the parcel or property
of the proposed facility. The applicant shall provide the Township
with evidence that the notice was mailed out to applicable property
owners.
(c)
State and federal regulations. The conditional use application
shall also be accompanied by documentation demonstrating that the
proposed tower-based WCF complies with all state and federal laws
and regulations concerning aviation safety.
(d)
All applicable provisions. The conditional use application shall
be accompanied by documentation demonstrating that the proposed tower-based
WCF complies with all applicable provisions in this section.
(e)
Notice. Upon receipt of a complete application for a tower-based
WCF, the applicant shall mail notice thereof to the owner or owners
of every property within 500 radial feet of the parcel or property
of the proposed facility. The applicant shall provide the Township
with evidence that the notice was mailed out to applicable property
owners.
(f)
Surrounding environs. A soil report complying with the standards
of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222-G Manual,
as amended, shall be submitted to the Township to document and verify
design specifications of the foundation for the tower-based WCFs.
(g)
Timing of approval. Within 30 calendar days prior that an application
for a tower-based WCF is filed with the Township, the Township shall
notify the WCF applicant in writing of any information that may be
required to complete such application. All applications for tower-based
WCFs shall be acted upon within 150 days of the receipt of a fully
completed application for the approval of such tower-based WCF and
the Township shall advise the WCF applicant in writing of its decision.
If additional information was requested by the Township to complete
an application, the time required by the WCF applicant to provide
the information shall not be counted toward the 150-day review period.
(2)
All applications for the placement of attached WCFs that do
not meet the definition of a small WCF require zoning and building
permits pursuant to the application and approval procedures for such.
(a)
Timing of approval. Applications for a co-located or attached
WCF that do not fall under the Pennsylvania Wireless Broadband Co-location
Act[4] shall be reviewed within 90 days of a receipt of a completed
application. The Township shall notify the applicant of completeness
of the application within 30 days of initial receipt. Incomplete applications
shall not be evaluated for zoning approvals.
[4]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(b)
The following regulations shall apply to all co-located and
attached WCF that fall under the Pennsylvania Wireless Broadband Co-location
Act and the FCC's 2014 Order and Report:
[1]
Permit required. Attached WCF applicants proposing
the modification of an existing tower-based WCF shall obtain a building
permit from the Township. In order to be considered for such permit,
the attached WCF applicant must submit a permit application to the
Township in accordance with applicable permit policies and procedures.
[2]
Timing of approval for applications that fall under
the Wireless Broadband Co-location Act. Within 30 calendar days of
the date that an application for an attached WCF is filed with the
Township, the Township shall notify the WCF applicant in writing of
any information that may be required to complete such application.
Within 60 calendar days of receipt of a complete application, the
Township shall make its final decision on whether to approve the application
and shall advise the WCF applicant in writing of such decision.
[3]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's
actual costs in reviewing and processing the application for approval
of an attached WCF or $1,000, whichever is less.
(3)
All applications for the placement of small WCFs require zoning
and building permits pursuant to the application and approval procedures
for such.
(a)
All applicable provisions. The small WCF application shall be accompanied by documentation demonstrating that the proposed small WCF complies with all applicable provisions in this § 200-39.1 and the Township's Small WCF Design Manual.[5]
[5]
Editor's Note: Said manual is on file in the Township
offices.
(b)
Applications for small WCFs shall be submitted to the Township
Zoning Officer.
(c)
Applications for small WCFs shall include the following:
[1]
The name and contact information, including phone
number, for both the applicant and the owner of the proposed small
WCF.
[2]
The name and contact information, including phone
number, of the owner of the structure and/or property on which the
small WCF will be located.
[3]
A cover letter detailing the location of the proposed
site, all equipment being proposed as part of the small WCF, and a
certification that the applicant has included all information required
by the Township Code, signed by a representative of the applicant.
[4]
A before-and-after depiction of the proposed site,
such as a construction drawing, showing all equipment being proposed
as part of the small WCF.
[5]
If the small WCF is proposed for location on an
existing or replacement wireless support structure that currently
supports existing attachments, the depiction shall show the location
and dimensions of all such attachments.
[6]
If installation of a new or replacement wireless
support structure is being proposed, the depiction shall include the
color, dimensions, material and type of wireless support structure
proposed.
[7]
The manufacturer and model, proposed location,
and physical dimensions (including volume) of each piece of equipment
proposed as part of the small WCF.
[8]
An aerial photograph of the proposed site showing
the area within 500 feet of the small WCF. The aerial photograph shall
identify all structures within such radius.
[9]
Photo simulations depicting the small WCF from
at least three locations near the proposed site. The photo simulations
should reflect the proposed design and location of all equipment associated
with the small WCF.
[10]
A written certification by a structural engineer
licensed in the Commonwealth of Pennsylvania confirming that the proposed
small WCF and wireless support structure are structurally sound and
shall not endanger public health and safety.
[11]
A report by a qualified engineering expert which
shows that the small WCF will comply with applicable FCC regulations,
including applicable standards for radiofrequency emissions.
[12]
A certificate of insurance as required by § 200-39.1B(15).
[13]
All application fees required by the Township
as detailed in the Township fee schedule.
(d)
Timing of approval.
[1]
Within 10 business days of the date that an application
for a small WCF is filed with the Township Zoning Officer, the Township
shall notify the applicant in writing of any information that may
be required to complete such application. The applicant may then resubmit
its application, at which point the applicable time frame for approval
shall restart. Any subsequent notice of incompleteness shall be issued
within 10 business days of receipt of a resubmitted application and
shall toll the applicable time frame for approval until such time
as the application is resubmitted.
[2]
Within 60 days of receipt of an application for
co-location of a small WCF on a preexisting wireless support structure,
the Township Zoning Officer shall make a final decision on whether
to approve the application and shall notify the applicant in writing
of such decision.
[3]
Within 90 days of receipt of an application for
a small WCF requiring the installation of a new or replacement wireless
support structure, the Township Zoning Officer shall make a final
decision on whether to approve the application and shall notify the
applicant in writing of such decision.
[4]
If the Township denies an application for a small
WCF, the Township shall provide the applicant with written documentation
of the basis for denial, including the specific provisions of the
Township Code on which the denial was based, within five business
days of the denial.
[5]
The applicant may cure the deficiencies identified
by the Township and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Township shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
(e)
Consolidated applications. A single applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable time frame under § 200-39.1G(3)(d) shall be extended by 15 days.
(f)
Restoration deposit. Prior to the issuance of a permit authorizing
construction of a small WCF, the applicant shall, at its own cost
and expense, deliver a restoration deposit in an amount determined
by the Public Works Director or his designee. The return of the deposit
shall be contingent upon the proper restoration of the ROW and compliance
with the terms and conditions of this section. Upon installation of
the small WCF, the applicant shall notify the Township that the site
is ready for inspection. The Public Works Director or his designee
shall inspect the site and, if it is found to be satisfactory, the
restoration deposit shall be refunded to the applicant within 30 days.
The restoration deposit may be forfeited in whole or in part to the
Township if any work is found to be incomplete or not in compliance
with all applicable standards.
(g)
Duration of permit. A permit for a small WCF shall have a term of five years. Such permit shall be renewed for two additional five-year periods if the WCF applicant is in compliance with the criteria set forth in this act or applicable codes consistent with this § 200-39.1 and the WCF applicant has obtained all necessary consent from the utility pole owner. The WCF applicant shall submit proof of such compliance with all requirements of this § 200-39.1 prior to the expiration of any five-year term.
[Added 2-23-1984 by Ord. No. 59-G; amended 3-2-2006 by Ord. No.
O-06-07]
Temporary uses shall be permitted only in the zoning districts specified and according to the requirements of this section and shall be required to obtain a temporary business permit in accordance with Chapter 171.
A.
Temporary uses permitted. The following temporary
uses are permitted according to the requirements specified and only
for the period of time given:
(10)
Mobile food vendors, mobile food peddlers, and mobile vending
carts.
[Added 2-20-2014 by Ord. No. O-14-01; amended 8-6-2020 by Ord. No. O-20-02]
(a)
General. All mobile food vendors, peddlers, and cart shall comply
with all applicable state and municipal regulations regarding food
preparation, handling, and sanitary regulations, including but not
limited to permitting and inspection requirements. Evidence of current
health license and ServSafe® certification
shall be provided to the Township at time of application. In addition
to ServSafe® certification, a ServSafe® certified employee shall be on-site the duration
of the time the mobile food vendor, peddler, and/or cart is in operation,
from preparation to closing.
(b)
Time limit.
[1]
A permit for a temporary business, mobile food vendor, peddler,
and/or cart, shall be valid for a period of six months. The primary
application time period shall begin on May 1 and end October 31. The
secondary application time period shall begin on November 1 and end
on April 30.
[a]
A temporary business, mobile food vendor, peddler, and/or cart,
shall obtain a permit for one, six-month period at a given location,
per year.
[b]
A mobile food vendor, peddler, and/or carts that wish to operate
on multiple properties throughout the Township of College, at the
time of application; for each location proposed, the applicant shall
submit a required site plan for each property location for mobile
food vendor, peddler, and/or cart activities. A plan for any outdoor
lighting must be included.
[c]
If, during the six-month permit period, the mobile food vendor,
peddler, and/or cart is requested to operate in a different location,
one that is not already included in the original permit application,
the mobile food vendor owner shall be responsible for contacting the
Township in writing, to indicate a new location is being included
in the existing permit.
[2]
With the exception of single-family residential (R-1) [see Subsection A(10)(c)]. Mobile food vendors, peddlers, and carts shall be permitted to operate in residential districts between the hours of 9:00 a.m. and 9:00 p.m. and shall be permitted in commercial and industrial districts during the business hours of the property.
(c)
Location.
[1]
The vending of food from a mobile food vendor, peddler, and cart shall be permitted in all zoning districts, with the exception of single-family residential (R-1), as classified in § 200-8, Districts established, unless granted permission by College Township Council pursuant to § 200-41A(10)(i).
[2]
Mobile food vendors, peddlers, and carts shall be located a
minimum of 100 feet from the closest main entrance to any brick and
mortar eating establishment, unless permission is granted by the property
and business owner for the vehicle to be closer.
[3]
Mobile food vendor, peddlers, and carts shall be located outside of applicable parking setbacks in accordance with § 200-38B(2)(a)[1] or 100 feet from any lot line that adjoins a property containing an existing residential use, whichever is greater.
[4]
No products shall be sold from the public right-of-way unless permission is granted by the College Township Council. See § 200-41A(10)(h).
[5]
The vendor shall be positioned on designated parking spaces
and shall not block drive aisles, other access to loading/service
areas or emergency and fire lanes.
[6]
The vendor must also be positioned at least 15 feet from fire
hydrants or any other fire department connection.
[7]
The vendor shall be prohibited from utilizing or blocking handicapped-accessible
parking.
(d)
Written consent.
[1]
The applicant for the mobile food vendor, peddler, and/or cart
business shall submit written consent of the property owner in which
the vendor is to locate at time of application.
[2]
Mobile food vendor, peddler, and cart, owners and/or authorized
agents, that wish to operate on multiple properties throughout the
Township of College, at the time of application, the applicant shall
provide a written statement summary of the proposed locations with
the approximate dates and times of operations for each location proposed.
Seating and any audio amplification shall be prohibited.
(e)
Safety.
[1]
A vendor shall not operate the mobile food vehicle and/or cart
as a drive-through window.
[2]
The vending of food from a mobile food vendor, peddler, and
cart shall be prohibited from the street side of the vehicle or in
a manner in which customers will be positioned in a manner impeding
vehicle traffic in a parking lot.
(f)
Sanitation.
[1]
All mobile food vendors, peddlers, and carts must provide trash
receptacles of sufficient capacity to contain all trash and waste
generated in association with the business of the mobile food vendor.
All waste and trash shall be placed in trash receptacles. All trash,
waste, litter and debris shall be removed from the site of the vending
operation.
[2]
It shall be unlawful to discharge liquid waste, wastewater,
fats, oils, or grease on the land and/or into any stormwater system.
Such discharges shall be held in appropriate containers and then disposed
of in a legally permissible manner.
(g)
Signage. All signage associated with a mobile food vendor must
be permanently affixed to the mobile food vehicle. The food vendor
is, however, permitted one sandwich board sign, not to exceed 12 square
feet per side, and shall be placed no more than 10 feet from the vending
vehicle or cart.
(h)
Use of public rights-of-way. The owner of a licensed motorized
mobile food vehicle shall first obtain permission from College Township
Council prior to selling its products within public rights-of-ways.
The College Township Zoning Council shall be permitted to establish
conditions upon the mobile food vendor restricting specific streets,
location, or time of day as to which products may be sold. This prohibition
shall not be construed to apply to persons selling frozen prepackaged/individually
wrapped food items (e.g., ice cream) as long as such vendors are present
at one location no more than 10 minutes at a given time.
(i)
Use of public property. The owner of the mobile food vendor,
peddler, and/or cart may be permitted to sell its products on public
property, such as parks, and private property open to the public in
any zoning district under the following conditions:
[1]
The mobile food vendor, peddler, and/or cart shall first obtain
permission from College Township Council; unless the permit is for
Centre Region Parks and Recreation Authority, the Pennsylvania State
University and the State College Area School District. These entities
are solely responsible for the permitting and regulations of mobile
food vendors operating on their property.
[2]
The mobile food vendor, peddler, and cart shall follow all regulations
contained herein.
(j)
Permits required by Chapter 171 and § 200-41A(10). A complete submission must be received 10 business days prior to the applicant's proposed start date. The following is a summary of submission documents that are required by Chapter 171 and § 200-41A(10) for an acceptable application for review:
[1]
Application for temporary business (contact person valid driver's license on form) and provide valid driver's license of all operators of a proposed mobile vending vehicle and/or cart. (See § 171-6A.)
[2]
Site plan for each location that identifies items described above in § 200-41A(10)(c), Location.
[3]
Proof of certificate of liability insurance (for mobile food peddlers). College Township must be named additional insured (§ 171-6).
[5]
Written consent § 200-41A(10)(d). All that apply.
[6]
Safety. Proof of: Department of Public Health (PA or SCBHD)
and ServSafe®, in § 200-41A(10)(e).
[7]
Use of public rights-of-way, in § 200-41A(10)(h).
B.
General regulations. All temporary uses shall meet
the following requirements:
(1)
The above temporary uses shall at least meet the smallest
lot and yard requirements listed in the zoning district in which they
are located.
(2)
The above temporary uses shall be required to provide off-street parking spaces according to Subsections A(1) and (2) and B(1) and (2) of § 200-38 but shall be exempt from all other parking regulations in Article VIII, § 200-38. The above temporary uses shall provide the following number of parking spaces:
|
Use
|
Number of Spaces
| |
|---|---|---|
|
Carnival or circus
|
1 per 4 persons based on maximum capacity
| |
|
Christmas tree sales
|
1 per 250 square feet of retail area, plus 1
per employee
| |
|
Contractor's office
|
1 per employee
| |
|
Educational, artistic or recreational events
|
1 per 4 persons based on maximum capacity
| |
|
Religious services
|
1 per 4 persons based on maximum capacity
| |
|
Seasonal sale of farm produce
|
1 per 250 square feet of retail floor area,
plus 1 per employee
| |
|
Auction or livestock exhibition
|
1 per 4 persons based on maximum capacity
|
(5)
All temporary uses shall be provided with adequate
sanitary facilities.
[Added 1-8-1987 by Ord. No. 100; amended 12-21-2000 by Ord. No.
O-00-04; 8-20-2020 by Ord. No. O-20-03]
All land defined herein as the Adult Business and Bottle Club
Overlay District shall be subject to the following regulations regardless
of the district regulations within which land and structures are located:
A.
Intent. It is the intent of this district to avoid the mixing of incompatible land use by establishing an overlay for adult business and bottle clubs in which they be permitted by conditional use as per the requirements set forth in Chapter 87, Conditional Uses.
B.
Location of District. Adult business use and/or bottle club use shall
be located within the Adult Business and Bottle Club Overlay District.
The Overlay shall encompass an area starting at the "Y" that forms
at East College Avenue (SR 0026) and the Benner Pike (SR 0150). The
district shall continue east on both the Benner Pike and East College
Avenue, terminating 0.07 miles from the edge of the access road that
connects East College Avenue to the Benner Pike and terminating 0.10
miles from the eastern edge of the access road that connects East
College Avenue to the Benner Pike, north 0.15 miles to connect to
the terminus of the district to the north.
