Jurisdiction: developments classified as land developments under
the Pennsylvania Municipalities Planning Code[1] and are subject to regulation under this chapter. The
design and construction standards in this chapter are applicable to
land development, as such standards are appropriate. In land development,
there is not necessarily a division of land typical of land subdivision
actions, although buildings and/or use areas may be sold at the time
of development or at some future time. Land developments must meet
all applicable standards for subdivisions contained within this chapter.
In addition, it shall be unlawful for an applicant to construct land
developments as defined herein without complying with these additional
requirements. Specific land development types are covered in subsequent
articles.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
A.
In processing a land development, the three-stage procedure established
in this chapter for land subdivisions shall be used: sketch plan (not
mandatory), preliminary site plan, and final site plan stages. Unless
stated otherwise in standards for particular land developments, the
land development shall be processed, and submission requirements shall
be the same as that required for a major subdivision. In the event
that subdivision and land development activities are concurrent, and
the proposed plan can meet all applicable standards, a combined subdivision
and land development plan may be submitted.
B.
Unless otherwise noted, the processing requirements, drawing size, certifications, acknowledgments, number of copies, etc., for submission of land development site plans shall be the same as for a major subdivision, and the final site plan shall be recorded in the Huntingdon County Recorder's office in accordance with § 240-13D of this chapter.
C.
Exception for minor land development. The approval body may combine
the preliminary and final plans for a land development if:
(1)
It meets applicable standards for a minor subdivision.
(2)
It does not involve a development earth disturbance of more than
five acres.
(3)
It does not involve a building of greater than 20,000 square feet
gross floor area or in excess of two stories in height.
(4)
It does not meet the definition of a “mobile home park,”
“recreational development,” “mining operation”
or “confined animal feeding operation.”
In addition to other final plan requirements for a major subdivision,
the following items shall be included for final plan review for all
land developments, as applicable:
A.
Site plans, as required in this article, engineering plans detailing
the construction of all required improvements, and plans and other
data information establishing compliance with the design standards
of this article.
B.
In case of multi-owner or multi-tenant developments, proof of the
organization and means for management and maintenance of common open
space, parking and other common utilities or improvements. Instruments
demonstrating creation of an association or entity or other means
of assuring continuing maintenance shall be required.
The developer shall submit a site plan in conformance with this
article. For land developments of a total development area of less
than 15,000 square feet, the site plan shall be prepared at a scale
of one inch equals 50 feet. Where the total development area is less
than five acres, the site plan shall be prepared at a scale of one
inch equals 100 feet. Where the total development area is greater
than five acres, the site plan shall be prepared at a scale of one
inch equals 200 feet. Where it is planned that building and parking
lot development will cover an area in excess of 50,000 square feet,
combined topographic data at two-foot contour intervals shall be required.
In addition to the other requirements for preliminary and final subdivision
and land development plans set forth, as applicable, each land development
site plan shall, through one or more pages, show:
A.
Existing site conditions (topography, as needed, drainage, tree clusters,
buildings, utility, streets, and nearby properties).
B.
Proposed developments, parking, vehicular and pedestrian access areas,
storm drainage, landscaping, utility location and size.
C.
Architectural plans and building elevations, while not required,
are strongly encouraged as a part of plan submissions.
Land developments shall meet the following design requirements.
It is recognized by Shirley Township that the design process should
be somewhat flexible, pursuant to Section 503.2(5) of the Pennsylvania
Municipalities Planning Code.[1] Unless stated otherwise in land development regulations,
for specific types of land development, the following standards shall
be met:
A.
Vehicular access connections to the surrounding existing street network
shall be safe, shall have adequate sight distances, and shall have
the capacity to handle the projected traffic.
B.
The developer shall make satisfactory provision for the improvements
necessary to the proper functioning of the development, including
but not limited to street access signs, water supply facilities, sewage
disposal facilities and stormwater management devices.
C.
The development plan shall provide for adequate privacy, light, air
and protection from noise through building design, street layout,
screening, plantings and special siting of buildings.
D.
Streets may be planned for dedication to the public or may be planned
as private streets to be maintained by the developer or other association
or entity. Private streets shall meet Township standards regarding
subgrade preparation, base and surfacing construction. Off-street
parking areas may be integrated with public street design and construction
providing maintenance responsibilities are mutually agreed upon.
E.
Service and waste storage and disposal areas for the land development
shall be planned and constructed such that they are not visible from
adjacent uses.
F.
Building locations and areas and roadways and driveways shall be sufficient for reasonably anticipated vehicular traffic, use and circulation. Road and parking design shall conform to the standards found in § 240-26 unless otherwise stated.
G.
A parking and access plan shall be submitted along with estimated
traffic flows. The developer shall demonstrate that the proposed parking/access
layout is adequate for the proposed development, based upon standard
parking capacity measurements, including number of spaces per anticipated
development type. Parking standards shall be tied to the intensity,
size, and specific use of the proposed land development. The number
of off-street parking spaces required is set forth below. Where the
use of the premises is not specifically listed, requirements for similar
uses shall apply. If no similar uses are mentioned, the parking requirements
shall be one space for each two proposed patrons and/or occupants
of that structure. Where more than one use exists on a lot, parking
regulations for each use must be met, unless it can be shown that
peak times will differ.
|
Parking Requirements
| |||
|---|---|---|---|
|
Use of Land Development
|
Required Parking
| ||
|
1.
|
Auto sales and service
|
1 for each 200 square feet GFA
| |
|
2.
|
Service stations
|
1 for each 200 square feet GFA
| |
|
3.
|
Single-family dwelling and duplex
|
2.0 per dwelling unit
| |
|
4.
|
Multifamily dwelling
|
2.5 per dwelling unit*
| |
|
5.
|
Mobile home parks
|
2.0 per each space
| |
|
6.
|
Hotels and motels
|
1 per guest room**
| |
|
7.
|
Funeral home and mortuaries
|
25 for the first parlor; 10 for each additional parlor
| |
|
8.
|
Hospitals
|
1 per each bed**
| |
|
9.
|
Nursing homes
|
1 per each 3 beds**
| |
|
10.
|
Churches
|
1 per each 4 seats
| |
|
11.
|
Schools
|
1 per each teacher and staff; 1 for each 4 classrooms plus 1
for each 4 high school students
| |
|
12.
|
Sports arenas, stadiums, theaters, auditoriums, assembly halls
|
1 per each 3 seats
| |
|
13.
|
Community buildings, social halls, dance halls, clubs and lodges
|
1 space for each 60 square feet of public floor area
| |
|
14.
|
Roller rinks
|
1 space for each 200 square feet GFA
| |
|
15.
|
Bowling alleys
|
5 per alley
| |
|
16.
|
Banks and offices
|
1 for each 250 square feet GFA
| |
|
17.
|
Medical office and clinics
|
8 spaces per doctor
| |
|
18.
|
Dental offices
|
5 spaces per doctor
| |
|
19.
|
Retail stores
|
1 per each 200 square feet GFA
| |
|
20.
|
Fast-food/drive-through restaurants
|
1 per each 2 patron seats**
| |
|
21.
|
Furniture stores
|
1 per each 400 square feet GFA
| |
|
22.
|
Food supermarkets
|
1 per each 200 square feet GFA
| |
|
23.
|
Trailer and monument sales
|
1 per each 2,500 square feet of lot area
| |
|
24.
|
Restaurants, taverns and nightclubs
|
1 for each 2.5 patron seats
| |
|
25.
|
Industrial and manufacturing establishments, warehouses, wholesale
and truck terminals
|
1 space per employee, on the largest shift, plus 1 space for
each 10,000 square feet for visitors
| |
|
26.
|
Commercial recreation (not otherwise covered)
|
1 space for every 3 persons permitted in maximum occupancy
| |
|
*
|
Multifamily units devoted to the elderly shall only be required
to provide one parking space per unit. Such uses must supply adequate
proof they will be dedicated to elderly tenants and shall be required
to follow normal parking standards if they revert to nonelderly use.
| |
|
**
|
Plus one space per employee and staff on major shift.
| |
|
NOTE: “GFA” means gross floor area.
| ||
H.
Size and access. Each off-street parking space shall have a uniform
area of 180 square feet, being at least 10 feet wide and 18 feet long.
These uniform sizes shall be exclusive of access drives or aisles,
and shall be in usable shape and condition. Except in the case of
single-family dwellings, no parking area shall contain less than three
spaces. Parking areas shall be designed to provide sufficient turnaround
area so that vehicles are not required to back onto public streets.
Where an existing lot does not abut on a public or private street,
alley or easement of access, there shall be provided an access drive
leading to the parking or storage areas or loading spaces. Such access
drive shall be consistent with requirements for private streets. Access
to off-street parking areas shall be limited to well-defined locations,
and in no case shall there be unrestricted access along a street.
I.
Stormwater control. Land developments with lot coverage of greater
than 40,000 square feet shall meet the following standard for stormwater
management:
(1)
Minimum planting strips of 10 feet between the parking lot and all
lot lines to be planted with one hardwood or coniferous tree per each
four parking spaces or combination thereof. Trees that die shall be
replaced annually. At time of planting, trees shall be a minimum of
six feet in height and of a species recognized as hardy for urban
use. Eight percent of the total interior space shall be devoted to
interior planting strips to be maintained in trees, shrubbery, annual
plants or similar pervious dust- and mud-free material. Curbing shall
be designed to promote the flow of runoff into planted areas.
J.
For multibuilding land developments, a complete landscaping plan
shall be submitted that includes a complete landscape plan for the
site in addition to any required landscaped transition to adjoining
properties or stormwater and screening plantings. Landscape treatment
shall be provided to enhance architectural features, manage stormwater
runoff, strengthen vistas and important axis, or provide shade.
K.
For multibuilding land developments, a complete pedestrian circulation
plan shall be submitted by all developers indicating the safe and
efficient movement of people within and through the site. All traffic,
parking and pedestrian plans shall be completed using such standard
resource criteria as provided by the American Planning Association
or the Institute for Traffic Engineers.
L.
Exterior lighting, when used, shall be of a design and size compatible
with adjacent areas and in accordance with the standards of the Illuminating
Engineer Society. Generally, lighting shall be designed to minimize
glare to adjoining properties, especially residential areas.
M.
Water and sanitary sewer service shall be provided by the respective
water and sewer providers in accordance with local standards and requirements.
N.
Gas, electric, telephone and cable utilities shall be located in
land developments in accordance with utility company standards and
requirements. All such utilities shall be underground.
O.
All land developments required to submit plans for approval by the
Pennsylvania Department of Labor and Industry shall show evidence
of approval by the Department.
[1]
Editor’s Note: See 53 P.S. § 10503.
A.
Acceptance of improvements. Insofar as the land development involves
the lease or rental of buildings and/or space on the site and site
improvements (such as streets, parking areas and stormwater drainage
devices), which are to be privately maintained or maintained by a
private (nonpublic) organization or entity created by the developer,
there is no need for municipal acceptance of the site improvements.
However, in these instances, streets and stormwater drainage shall
be designed and built to the standards established in this chapter,
and the Township shall ascertain that these improvements are, in fact,
built to such standards.
B.
Maintenance of improvements. Where the developer does not intend
to maintain the improvement and where a homeowners' association or
similar organization will not be organized for these responsibilities,
the developer will submit a plan for maintenance of such facilities.
This document will be legally enforceable, one clearly establishing
maintenance responsibility. Any proposed improvement to be offered
for public declaration will follow the requirements as specified by
these regulations. Among other remedies to enforce this section, the
Township may refuse to issue building permits.
A.
Application. All commercial and industrial subdivisions shall conform
with the provisions of this section.
B.
Size. No commercial or land development shall occur on a lot smaller than that authorized by § 240-21 of this chapter, following the site calculations authorized by that section. Approval of lot or parcel size will be determined by the following factors:
(1)
The total area shall be sufficient to provide adequate space for
off-street parking and loading, landscaping, and other facilities.
C.
Street system.
D.
Front yard. Building setback lines shall be as specified by the local
zoning ordinance. If no such ordinance is in force, setback lines
shall be not less than 40 feet.
E.
Side yard. Building setback lines shall be as specified by the local
zoning ordinance. If no such ordinance is in force, setback lines
shall be not less than 40 feet. Setback lines shall increase three
for every 1,000 square feet gross leasable area (GLA) above 20,000
square feet.
F.
Rear yard. Building setback lines shall be as specified by the local
zoning ordinance. If no such ordinance is in force, setback lines
shall be not less than 40 feet.
G.
Utilities. Where possible, commercial and industrial subdivisions
should be located close to public utilities. In any case, subdivisions
should be provided with such utilities as are necessary to maintain
adequate health standards, and to dispose of commercial and industrial
wastes.
H.
Location/screening.
(1)
In general, commercial and industrial facilities should be located
adjacent or close to major highways and transportation facilities.
(2)
Commercial and industrial subdivisions should not be located in predominantly
residential areas or areas that are better suited to residential development
provided that a commercial parcel designed as an integral part of
a residential subdivision will be permitted and provided that said
site shall be in conformance with any zoning ordinance adopted by
the Township.
(3)
Based upon size, commercial or industrial land developments which
abut preexisting residential development or platted residential lots
shall employ the following screening:
(a)
Type I screening (land developments of zero acres to 10 acres
or zero square feet to 40,000 square feet): to consist of a triple
row of spruces planted at oblique lines to one another so that a continuous
screen is provided. All trees shall be a minimum of six feet at the
time of planting. Trees which die shall be replaced within six months.
As an alternative to the triple row of Norway spruces, the developer
shall maintain a fifty-foot buffer yard of natural vegetation sufficient
for screening. This buffer area shall not be used for parking or other
uses. This buffer yard should maintain natural vegetation unless such
vegetation is considered insufficient for shade screening, stormwater
management or erosion control. In such case, the planting standards
shall be 28 conifer and eight deciduous trees per each 100 lineal
feet of yard area. Trees shall be a minimum of six feet at planting
and replaced within six months of death.
(b)
Type II (land developments of ten-plus acres or 40,000 square
feet):
[1]
A fifty-foot buffer yard of vegetation sufficient to provide
opaque screening during six months of the year. This buffer yard shall
maintain the existing natural vegetation unless insufficient for screening
or of species generally recognized as inferior for shade, erosion
control, or screening. If deemed so, the developer shall maintain
a planting standard of eight deciduous trees and 28 coniferous trees
per each 100 lineal feet of buffer yard. This buffer yard shall be
in addition to any other yard requirements listed.
[2]
A screening yard of Norway spruces, planted to the following
standards: an initial row of trees to follow a lineal center line
with additional rows planted at oblique angles on each side of the
center-line row, sufficient to provide complete and constant opaque
screening from the time of planting. This screen of plantings shall
be situated at the interior edge of the natural vegetation buffer
yard and may be included in calculations of required yard areas.
[3]
To further provide for the natural management of stormwater
runoff, 50% of all hardwood trees of a minimum caliper of four inches,
which do not lie in buildable lot footprints or parking areas, shall
be preserved.
(c)
Type III (land developments of a hazardous nature including
quarries, junkyards, outside storage, towers, fuel storage or similar
industrial activities). A Type III screen shall consist of:
[1]
An opaque fence at least eight feet in height.
[2]
A barrier fence at least 10 feet in height.
[3]
On the outside perimeter of the fence, a ten-foot plant strip
shall be maintained at a planting standard of 10 coniferous and 10
deciduous trees per 100 feet. Trees shall be a minimum of six feet
tall at planting and replaced within six months of death.
I.
Off-street parking areas shall maintain a planting strip of at least
five feet between all lot lines and the parking lot. Such planting
strip shall be suitably landscaped and maintained. At a minimum, such
a planting shall consist of one hardwood or coniferous tree per each
four parking spaces, or any combination thereof. The balance of the
planting strip may be maintained in annual plants, shrubbery or perennial
grasses or similar pervious, mud- and dust-free material. Parking
lots of more than 20,000 square feet of impervious surface shall devote
an additional 8% of total surface area to interior planting strips.
J.
Parking areas in excess of 20,000 square feet shall maintain easements
to connect to existing or potential future lots.
A.
Application. All recreational developments and campgrounds shall
conform to the provisions of this section. Such developments shall
also conform with any zoning ordinance or master plan adopted by the
Shirley Township Planning Commission which is in effect at the time
of submission of the preliminary plan.
B.
Size. The total area of any recreational campground shall be sufficient
to provide adequate facilities for the use contemplated and, in particular,
to provide adequate space for off-street parking.
C.
Street system.
(1)
Traffic movements in and out of recreational developments and subdivisions
should not interfere with external traffic, nor should they create
hazards for adjacent residential areas.
(2)
The design of streets, service drives and pedestrian ways should
provide for safe and hazard-free internal circulation.
D.
Yards.
(1)
Front yard. Man-made structure setback lines shall be as specified
by the local zoning ordinance. If no such ordinance is in force, setback
lines shall be not less than 100 feet.
(2)
Side yard. No building shall be closer than 50 feet to the nearest
lot line of the unrelated property. No man-made structure or installation
of any type shall be located nearer than 50 feet to a lot line of
unrelated property.
(3)
Rear yard. The yard requirement shall be the same as for side yards.
E.
Utilities and sanitary facilities.
(1)
Any recreational development or subdivision shall include such utilities
and sanitary facilities as are necessary for the health, safety and
welfare of those persons using the recreational development or subdivision.
(2)
Where possible, recreational developments and subdivisions should
be located so as to make maximum use of existing public utilities
and sanitary facilities. Where this is not possible, the developer
must provide adequate utilities and sanitary facilities to maintain
adequate health and safety standards.
F.
Recreational campgrounds. Campgrounds shall be designed and constructed
in conformance with this section and applicable state regulations.
Campgrounds shall meet the following requirements:
(1)
No campground shall have an area of less than 10 acres.
(2)
Each campsite shall have an area of at least 1,500 square feet exclusive
of roadways and parking areas, and shall have parking for one automobile
in addition to a tent or trailer site.
(3)
At a minimum, campgrounds shall provide: back-in parking, central
sanitary dump stations, central water facilities, toilets and shower
facilities.
(4)
No campsite shall be placed closer than 100 feet to an adjacent property.
(5)
No less than 20% of the gross area of the park must be improved for
recreational activity of the residents of the campgrounds.
G.
Location.
(1)
Recreational developments which are expected to generate large traffic
volumes should be located adjacent or close to major traffic streets
and highways. Where this is not possible, the developer must include
in his or her plan sufficient major traffic streets to provide access
to the development or subdivision.
(2)
The location of a recreational development must be in accord with
any zoning ordinance or master plan existing at the time of filing
of the preliminary plan.
A.
Application. This section shall apply to the placement of multiple-dwelling
units on a single lot, whether in a single building or multiple buildings.
B.
Exception. As authorized by the Pennsylvania Municipalities Planning
Code,[1] the conversion of an existing single-family, detached dwelling into not more than three residential units (unless such units are intended to be a condominium) shall be exempt from the requirements of this article. The placement of two or more mobile homes on one lot shall be regulated by Article VI, Mobile Home Parks, of this chapter.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
C.
Minor land development. For the purpose of this article, a multifamily
dwelling development involving not more than three dwelling units
shall be considered a minor land development. Four or more dwelling
units shall be considered a major land development.
E.
Setback. Multiple-family dwellings shall increase all side and rear
yard sizes by three feet per unit.
A.
Application. Intensive agriculture shall be considered a land development
if it involves new building or construction or the expansion of existing
buildings and meets applicable state or federal definitions of a confined
animal feeding operation or confined animal operation. Intensive agriculture
facilities including barns, feed lots, runs, commercial stables, and
pens shall meet the requirements of this section.
B.
Intensive agricultural uses shall be located on a parcel of at least
100 acres.
C.
The intensive agriculture facility must have and be in compliance
with both a conservation plan and nutrient management plan, which
shall be submitted along with land development plans.
E.
Adequate access shall be provided to facilitate safe movement of
trucks and farm vehicles.
F.
The intensive agriculture facility shall be sited on the best possible
location on the property with regard to the dispersal of odors and
minimizing impacts on neighboring properties.
G.
The applicant shall certify the available quality and quantity of
water available to serve the agricultural facility.
A.
All mineral extraction requiring a permit from the Pennsylvania Department
of Environmental Protection shall be considered a land development.
B.
These land developments shall meet the screening requirements of § 240-41H(3) of this chapter.
C.
Adequate access shall be provided to facilitate safe movement of
trucks and other vehicles.
D.
Provide a plan to deal with dust and noise abatement.
