Township of Londonderry, PA TRADITIONAL NEIGHBORHOOD DEVELOPMENT ("TND")

To encourage innovations in residential and nonresidential development to meet various needs for housing and other development, including offering greater variety in type, design, and layout of dwellings and other buildings;

To encourage a more-efficient use of land and infrastructure to create cost-efficiencies in construction and maintenance;

To carry out the purposes of the Londonderry Township portions of the Lower Dauphin Comprehensive Plan, the Dauphin County Comprehensive Plan and the Tri-County Regional Growth Management Plan;

To encourage new development to occur in a manner that will be consistent with the traditional patterns and scale of development and mix of uses that occurred in the region before 1946;

To promote a mix of diverse but compatible types of neighborhood development;

To avoid development that would be inconsistent with the character of the community and could cause inefficient patterns of sprawled development;

To encourage a blending of recreation areas, preserved natural features, compatible institutional uses, and a mix of housing, including housing intended to be affordable to middle-income persons;

To provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts between vehicles backing out of garages across sidewalks;

To encourage persons to live, work, shop, attend religious services and enjoy recreation within the Township;

To encourage the creation of a sense of place, feelings of belonging and a community spirit that promotes social interaction and volunteerism;

To encourage the location of principal nonresidential uses with distinguished architectural features at prominent locations around a central commons, to serve as a focal point for the development;

To serve the purposes and objectives for traditional neighborhood development as provided in Article VII-A of the MPC, as amended;

To allow a TND under this set of development standards to have a higher density and a wider range of uses than would otherwise be allowed, in return for a higher level of site design and preservation of common open space land; and

To promote the placement of new single-family detached dwellings or TND open space abutting preexisting single-family detached dwellings on abutting lots, when feasible.

§ 1402 Applicability; Zoning Map.

[Added by Ord. 2008-2, 10/16/2008]

The Zoning Map is hereby amended to reflect the addition of the TND Traditional Neighborhood Development Overlay District, as reflected on Attachment A.[1] An applicant who submits plans for development of land within the TND Overlay District shall have an option of submitting plans under these TND provisions or under the provisions of the underlying zoning district. A TND shall only be allowed as a conditional use and shall only be approved within the TND Overlay District. If an area of land is not within the TND Overlay District, then an applicant may request that the Board of Supervisors consider a Zoning Map amendment to add the TND Overlay District to that land area.

[1]

Editor's Note: Attachment A is on file in the Township offices.

If an applicant chooses to utilize these TND provisions, then all of the requirements of this Part 14 shall apply. All of the provisions of this Chapter and other Township regulations shall remain in full force, except for provisions modified by this Part 14. Where Part 14 and another Zoning Ordinance or Subdivision and Land Development Ordinance provision apply to the exact same matter, Part 14 shall apply in place of that other provision. See § 1411 that allows modifications of requirements of the SALDO [Chapter 22].

§ 1403 Requirements for a TND.

[Added by Ord. 2008-2, 10/16/2008]

Each TND shall meet the following additional requirements:

Minimum tract size: 150 acres. The term "tract size" shall include the lot area of all lots prior to subdivision and land development but after deleting existing legal rights-of-way of preexisting public streets. Land within a TND tract may be separated by a waterway, street, railroad, utility corridor, trail or similar feature, but otherwise shall be contiguous.

Utilities. Each principal building shall be served by a central water system and a central sewage system that the applicant proves to the satisfaction of the Board of Supervisors will be able to adequately serve the development over the long term.

§ 1404 Master Plan for a TND.

[Added by Ord. 2008-2, 10/16/2008]

The TND shall be developed following a single master plan. Consistent with final plan approvals and conditioned upon Township approvals, individual portions of the TND may be owned and constructed by different entities, provided that there is compliance with the overall master plan and the phasing plan and provided that there is a clear division of responsibilities in development agreements.

A TND shall need conditional use approval from the Board of Supervisors before any use is approved or lot is subdivided for a TND. The conditional use approval shall be based upon the master plan. Conditional use approval shall occur prior to preliminary plan approval. Such master plan should address coordinated vehicle access from all adjacent land owned, equitably owned or otherwise controlled by the applicant. If the applicant's land extends into an adjacent municipality or zoning district, then it is requested that the master plan also show such area to plan for a coordinated road and infrastructure system.

The master plan shall be fully coordinated with any existing, proposed or approved development on adjacent land, including providing for pedestrian and bicycle access to adjacent tracts. The Township may require a street connection or a stub street right-of-way to connect with an adjacent tract.

Landscaped open space and recreation areas shall be interspersed within the TND. Pedestrian and motor vehicle routes shall be laid out to complement the interaction between the commercial core of the TND and residential areas.

The master plan shall show the approximate alignment of proposed through streets, typical locations and designs of alleys and local streets, approximate cartway widths, typical lot dimensions, approximate locations and purposes of TND open spaces and recreation areas, major pedestrian and bicycle pathways, approximate locations of parking areas, approximate locations of major detention basins and proposed ranges of types of housing and nonresidential uses. The exact locations of streets and alleys shall not be binding upon the subdivision plans that are submitted later, provided that the intent of the circulation system shown on the master plan is met.

The master plan shall designate certain areas for primarily commercial development, certain areas as TND open space, and certain areas for various types and densities of residential development.

The general intent is to have the higher-density areas closer to the proposed commercial core and lower-residential-density portions of the perimeter adjacent to preexisting single-family detached housing developments.

The general intent is to have most business uses clustered at one area of the development. However, the Township may approve commercial and higher-density areas in other suitable locations, depending upon the specific characteristics of the tract.

Information Required to be Submitted with the Conditional Use Application.

A natural features map shall be submitted with the conditional use application. The natural features map shall accurately show the locations of the one-hundred-year floodplain, slopes of 25% or greater, slopes of 15% to 25%, wetlands and woodlands. Such map shall also show the locations of any existing buildings on the lot that are estimated to be 80 years or older.

The submittal shall include existing and proposed site data, including tentative numbers of each type of dwelling unit, minimum proposed amount of TND open space, maximum density calculations, and proposed amounts of nonresidential building space.

The submittal shall include sufficient information for the Board of Supervisors to determine the long-term feasibility of the proposed method of providing central water and central sewage services to the TND.

This Subsection D shall apply unless the Board of Supervisors approves a modification or waiver to traffic impact study requirements, and/or any component of such requirements, under the Subdivision and Land Development Ordinance [Chapter 22]. The applicant, as part of the TND conditional use process, shall request such modification(s) or waiver(s). A traffic impact study meeting the requirements of the Subdivision and Land Development Ordinance [Chapter 22] shall be submitted at the time of the conditional use application. Such report shall also describe any transportation improvements that the applicant proposes to construct or fund to mitigate the traffic impacts. As part of the conditional use process, the applicant shall provide credible evidence that the proposed development will function in a manner that will not create serious safety hazards on adjacent public streets and will not cause severe traffic congestion.

[Amended by 2009-4, 12/15/2009, § 1]

An emergency services impact study shall be submitted at the time of conditional use application. Such report shall describe impacts of the proposed development upon local police, fire, rescue and emergency medical services, including vehicles, apparatus, building needs, staffing during various times of the day, water supply and equipment. In lieu of completing this emergency services impact study, the applicant may commit to pay a fee of $600 per dwelling unit to the Township, which shall be accounted for separately, and which shall only be used by the Township to fund the purchase or rehabilitation of police, fire, rescue and emergency medical vehicles, apparatus and equipment. Such fee shall be paid by the developer before the issuance of each building permit for each dwelling unit.

The master plan and conditional use application for the TND shall be reviewed by the Township Planning Commission, Zoning Officer, Township Engineer and the Board of Supervisors. The conditional use approval by the Board of Supervisors shall be based upon the master plan. If there is general consistency with the master plan in the determination of the Zoning Officer, then, after preliminary and final subdivision or land development approval has been granted, uses allowed by this Part 14 may occur as permitted-by-right uses.

The master plan is not required to include the same level of engineering detail as a preliminary subdivision plan. Stormwater calculations, parking calculations, construction details, grading plans, erosion and sedimentation control plans, profiles, exact building shapes and setbacks, interior lot lines and similar engineering details are not required at the master plan stage. The master plan shall include sufficient information to accurately show existing conditions and the feasibility and coordination of the proposed layout of the homes, nonresidential uses, lots, open space and streets.

As part of subdivision and land development plan submittals, changes may occur, provided that there is general consistency with the approved master plan, and provided that any conditions are met that were placed upon the conditional use approval. If there is not general consistency with the approved master plan, then the Township may require that the substantive changes need a conditional use approval.

The master plan shall designate various areas of the TND for (a) certain amounts and various types or ranges of nonresidential uses and (b) maximum numbers and ranges of various types of housing. A minimum number of single-family detached dwellings and a maximum number of apartments and townhouses and total dwelling units shall be specified for each phase.

Alternatives. This subsection is intended to provide reasonable flexibility to allow adjustments in the TND to meet changing market conditions over time. The master plan may include a maximum of three alternatives for each specific portion of the TND. For example, one alternative may show a certain number of townhouses in a particular phase, while another alternative may show a certain number of single-family semidetached dwellings in that same phase. As another example, a particular phase of development could include one alternative for single-family detached houses with lots of 8,000 square feet and a second alternative with single-family detached houses with lots of 6,000 square feet. If each alternative complies with Township requirements, then the applicant may submit any of those alternatives as part of the subdivision and land development plan for that phase without needing a revised conditional use approval.

§ 1405 Overall TND Requirements.

[Added by Ord. 2008-2, 10/16/2008]

A TND shall meet all of the following requirements:

Streets shall be interconnected throughout the development. The development shall have a central focal point, such as a central commons, park, or commercial area that is similar to a historic main street and/or allowed institutional or community recreation center building. Streets or trails should lead towards this focal point.

(1)

No more than one cul-de-sac street shall be permitted, except an additional cul-de-sac street may be approved where the applicant proves that there is no reasonable alternative. Street linkages shall be provided to allow connections with future phases of development or adjacent tracts. Where direct street access is not practical between two areas, then the Township Board of Supervisors may require the provision of bicycle and pedestrian access using an easement.

A minimum of 50% of the single-family detached dwelling units that are not age-restricted shall have a front door accessing onto an unenclosed front porch with a minimum depth of five feet and a minimum length of eight feet. Such porch shall be covered by a permanent roof. Such porch shall not be enclosed, now or in the future.

The applicant shall show that proper site planning and architectural design will be used to minimize visual impact of garages and garage doors as viewed from the front of the lot. A maximum of 50% of the dwelling units shall have garage doors for two or more motor vehicles facing onto a street at the front of the dwelling. This 50% requirement shall not apply to agerestricted dwellings. The placement of garages along rear or side alleys or to the rear of the lot with a side driveway is encouraged.

(1)

For single-family detached dwellings that have a front garage facing onto a street, the garage shall have a front setback a minimum of 10 feet greater than the front of the living quarters of the dwelling or a roofed front porch. This ten-foot setback may be reduced to two feet for age restricted dwellings. No garage or carport shall be permitted within five feet from the right-of-way of an alley. However, on-street parallel parking may be approved along an alley under other provisions of this Part 14.

(2)

Applicants are encouraged to have an eight-foot-wide width between an alley and a two-car rear garage to allow room for a household to parallel park a vehicle in front of their own garage.

(3)

Garage doors shall not make up more than 60% of the front street level of the facade of a dwelling. Driveways and off-street parking spaces shall not make up more than 50% of the land area of the front yard between the front of a dwelling and the street right-of-way.

(4)

All streets and alleys shall have a right-of-way, whether public or private.

(5)

See § 1410, which allows on-street parking to be counted towards off-street parking requirements. To the maximum extent feasible, for dwellings that are not age-restricted, vehicle parking, carports and garages shall be placed to the rear or side of lots, preferably with rear or side access. For example, the following alternative methods of providing parking are permitted and encouraged:

(a)

A rear landscaped shared parking court or shared carport structure;

(b)

A garage placed towards the rear of the lot, with a side driveway that is of minimal width within the front yard and then widens in front of the garage;

(c)

A detached rear garage or rear individual parking pad or side-entry garage accessed from a rear alley or side street;

(d)

Decks built to extend over garages or over driveways leading to garages; or

(e)

A landscaped shared parking court connected to a street, provided that parked vehicles do not need to back out onto a through street, and provided that all paving is set back a minimum of 20 feet from any dwelling (other than a front porch).

(6)

If driveways pass through the front of the lot (such as to reach detached rear garages), then it is encouraged to place driveways of adjacent dwellings immediately adjacent to each other. This would allow the driveway on each lot to be narrower than would otherwise be possible. However, each property owner shall still be responsible for his/her own half of the driveway, and each half shall be wide enough to allow a passenger car to travel on each lot. As an alternative, the Township may approve shared driveways with maintenance by a legally binding homeowners' association.

All principal buildings shall have a minimum roof pitch of 3/12 or have the appearance of such a roof pitch as viewed from the street, except a flat roof may be approved for townhouses or connected commercial buildings if the buildings have a decorative cornice. Variations in roof lines are specifically encouraged.

This Subsection E shall apply unless the Board of Supervisors approves a modification or waiver to sidewalk requirements under the SALDO [Chapter 22]. Sidewalks or other Township-approved pedestrian pathways shall be provided along both sides of each street and in front of all principal nonresidential uses. A Township-approved pedestrian pathway that may be of bituminous or other approved construction that may or may not be adjacent to a street may be approved by the Township in lieu of specific segments of residential sidewalks if the pathway provides connections between dwellings and major pedestrian destinations. The width of sidewalks shall be a minimum of eight feet along a commercial main street (which may include street tree wells) and a minimum of five feet in other locations.

(1)

The sidewalks in front of a commercial main street area shall include use of decorative brick, concrete pavers, patterned concrete or similar material that has the appearance of decorative masonry. Such materials may be used as accents, with the majority of the sidewalk being regular concrete.

(2)

Pedestrian crosswalks shall be provided in the commercial main street area using materials and colors that visually distinguish the crosswalk from the street surface and that include some texture. The use of pavers, patterned concrete or stamped textured asphalt is encouraged.

(3)

The materials, depths and cross-sections of the sidewalks and crosswalks shall be subject to approval by the Township, after review by the Township Engineer.

Commercial. Allowed commercial uses and their parking areas shall occupy a maximum of 15% of the total land area of the TND. This percentage shall be in addition to any land area that is already in an underlying commercial zoning district. A new principal commercial building shall be set back a minimum of 150 feet from any dwelling building outside of the TND that existed at the time of the enactment of this Part 14.

(1)

Off-street parking for a commercial use shall not be located between the nearest commercial use building and the front lot line along a collector street. In such case, off-street parking shall be located to the side or rear of a commercial building. A maximum of 25% of the land area between the nearest commercial use building and the front lot line along an arterial street shall be used for off-street parking.

(2)

The majority of commercial uses shall be placed in a "Main Street" style commercial area, with the businesses fronting upon a through street, and with parking being on street or to the rear or side of the businesses. Buildings in commercial areas of the TND are encouraged to have dwelling units or offices placed above first-floor commercial uses.

(3)

Bulb-out curbs, raised textured crosswalks and similar traffic-calming measures are encouraged to be used in the main street area.

Housing Types.

(1)

The allowed housing types within a TND are listed in § 1406.

(2)

Any new dwelling units located within 150 feet from a single-family detached dwelling building that existed outside of the TND at the time that the TND Overlay District was applied to the subject tract shall be a new single-family detached dwelling. The Township may require that a twenty-foot-wide planting area with a naturalistic mix of deciduous canopy trees, flowering trees, evergreen trees and shrubs be planted along the perimeter of the TND tract where there are concerns about compatibility with the adjacent uses. Such planting area may overlap a rear yard but shall be free of buildings and fences.

(3)

A minimum of 30% of the dwelling units shall be single-family detached dwellings. A maximum of 30% of the dwelling units shall be multifamily/apartment dwelling units. This thirty-percent limit shall not apply to single-family attached dwellings/townhouses, age-restricted independent living apartments or assisting-living units.

Any alleys shall be designed to discourage through traffic. All streets, whether public or private, shall be constructed following Township road bed specifications for a public street. Any alley shall be constructed with six inches of crushed stone, two inches of BCBC and one inch of binder course, unless a modification is granted by the Board of Supervisors.

(1)

Alleys shall have a minimum paved width of 12 feet if limited to one-way traffic and 16 feet if allowing two-way traffic. Additional width shall be required if any parallel parking is provided. The right-of-way for an alley shall be equal to or greater in width than the cartway. An alley shall have adequate sight distance at all corners and intersections of alleys.

(2)

Any alleys shall be maintained by a legally binding homeowners' association or an owner of adjacent rental properties, at no expense to the Township.

New streets shall be sufficient in width to allow on-street parking along at least one side of each street and to provide room for bicycle riding, unless a separate bicycle pathway is provided. The Township may require a prohibition of parking on one side of a street if the street does not have sufficient width for parking on both sides.

At least 20% of the commercial building floor area shall be located in an area that is adjacent to a street that is similar to a traditional main street of a historic Borough or a central commons that is immediately adjacent to such a street. One or more prominent sites adjacent to a central commons should be proposed for a principal nonresidential use. The approval for a TND may allow for two or more alternative uses for certain sites, to offer a developer reasonable flexibility to attract different uses.

Public Transit. An applicant for a traditional development neighborhood shall provide evidence that he/she has contacted the provider of public transit services and requested the provision of service to the development once it is significantly complete. If public transit service is intended to eventually be provided, the applicant shall show that provisions have been made for convenient public transit stops. The Township may require the applicant to construct one suitable shelter for persons waiting for a public bus. The applicant shall also contact the school district and request comment about appropriate school bus stops within or adjacent to the TND.

Streetlights. The applicant shall install streetlights meeting the minimum requirements of the Township and the electric provider. Such streetlights shall be of sturdy construction, be dark in color (such as black, dark gray or dark green), and have a maximum total height of 22 feet. Streetlights are encouraged to have a decorative design similar to designs used more than 50 years ago. Streetlights shall be provided at all street intersections and at other locations approved by the Township as part of the subdivision and land development approval process.

Architecture. The intent is to have unified and consistent architectural styles in each area of a TND, while avoiding monotony. As part of the conditional use, the applicant shall submit a manual of written and graphic design standards for the development showing ranges of typical architectural styles and materials. Such standards shall be at a level of detail consistent with the master plan, with typical designs and common elements, but not exact designs of each building. The applicant shall establish legally enforceable provisions controlling the styles of architecture, rooflines, porches and the general types of exterior materials in such as manner as to incorporate the best features of traditional architecture commonly found in boroughs and villages in Pennsylvania. Except for age-restricted dwellings, such features shall include front porches on most dwellings, landscaped front yards, nonprominent garage doors, varied rooflines and use of architectural details on many facades. The emphasis shall be upon sides of a building visible from a street.

(1)

The overall architectural standards for the TND shall be approved and sealed by a registered architect. The substance of such draft provisions shall be provided to the Township in writing for review at the time of final subdivision submission. Such standards shall be generally consistent with the manual of written and graphic design standards, unless the Township specifically approves a different design scheme. Such provisions shall be subject to approval by the Board of Supervisors as a condition of final subdivision and land development approval. Any future substantive changes to the architectural provisions established under this section shall require approval by resolution of the Board of Supervisors.

(2)

Such provisions shall not be designed to require excessive uniformity in design nor to restrict home purchasers to a single design, but instead to encourage high-quality design with a consistent character. Such provisions shall limit monotony and excessive modernity in architectural design. Standards should also be established for the design of fencing that is visible from a street.

(3)

The architectural provisions shall promote the use of display windows facing onto the street on a majority of commercial principal buildings in the development. Blank walls without window and door openings shall be avoided facing onto a public street. Where window openings are not feasible, then enclosed display windows may be used.

(4)

The Township may require that some or all of the architectural provisions be recorded and/or be included in a development agreement with the Township. The Township shall have the authority to ensure that a system continues to be in place to enforce the architectural provisions that were required by the Township. However, the Township shall accept no responsibility to directly enforce private deed restrictions upon individual properties.

(5)

The architectural provisions shall promote use of architectural details, decorative front or side porches, shutters and decorative cornices. The provisions shall be designed to minimize the visual impact of garage doors when they front upon a street.

(6)

The architectural provisions shall require use of decorative masonry, or materials with a closely similar appearance, on specified minimum percentages of the front facades of certain principal nonresidential buildings in the development.

(7)

The architectural provisions shall promote varied rooflines, overhangs and/or setbacks along attached dwelling units.

(8)

The architectural provisions shall address the locations of front doors, particularly to ensure that most dwellings and business uses have a front door facing onto a street at the front of the building.

(9)

Buildings of over 160 feet in length shall be designed to have the appearance of smaller connected buildings.

(10)

Such provisions shall address minimum sizes of street-level front windows, roof pitches as viewed from the street, siding materials, porches, front stoops, front awnings, screening of rooftop mechanical equipment and similar matters.

Deed Restrictions/Covenants. The applicant shall submit a written statement of the proposed substance of deed restrictions or similar controls that would affect matters addressed in this Part.

Association Provisions. If applicable, a draft set of homeowners' association or condominium association provisions or provisions under the Pennsylvania Uniform Planned Communities Act shall be submitted for legal acceptance by the Township Solicitor prior to recording of the final subdivision plan.

Phasing. A phasing plan shall be submitted for the TND. The applicant shall show that each phase of the TND would be able to function properly and, at the completion of a phase, the TND would meet Township requirements for common open space and density if later phases of the TND are not completed. The phasing plan shall address the timing of major amenities that are required, such as a community center building. The phasing plan shall address the timing of construction of through streets and access points necessary for emergency vehicles. To meet the density and open space requirements for a phase, portions of the required open space may be set aside by a conservation easement before they are actually improved and ready for dedication in a later phase.

(1)

The Board of Supervisors may approve individual phases that do not meet certain TND requirements other than density or common open space, such as percentages of dwellings with front porches or maximum percentage of a dwelling type or maximum percentage occupied by commercial uses, provided that the requirement will be met after the completion of a later phase, if necessary considering the timing of major site and infrastructure improvements.

(2)

Compliance shall be determined at the completion of each phase, so that each individual phase does not need to meet every requirement. For example, if Phase 1 includes more common open space that is required, then Phase 2 may include less common open space than is required, provided that the requirement is met at the completion of Phase 2.

(3)

The requirement to develop commercial uses is not required to be met until the last phase.

Signs. Unless specifically stated otherwise in the following provisions, all signs shall conform to Part 18 of this Chapter. Signs for residential uses shall conform to the regulations for the R-2 District. Signs for other uses shall conform to the regulations for the C-1 District.

(1)

In addition to other allowed signs, a total of up to four sign faces may be placed at street entry points into the TND. Each such sign face shall have a maximum sign area of 80 square feet and have a maximum height of eight feet. If such sign is attached to an architectural masonry wall, such wall shall have a maximum height of eight feet and a maximum length of 30 feet. Each sign face may be placed on a separate wall, or two sign faces may be placed back-to-back on one wall. Such signs shall not be internally illuminated. Walls of up to three feet in height may also be connected to such sign without being regulated by the thirty-foot maximum wall length. Such signs shall be surrounded by attractive low-maintenance landscaping.

(2)

The maximum height of any freestanding sign shall be eight feet.

(3)

No sign shall be animated, flashing or have a moving electronic message. Any electronically changing sign shall not change more than once every 10 seconds, except a time and temperature sign.

(4)

No sign shall advertise a good, service, business or product that is not available within the TND.

§ 1406 Allowed Uses in a TND.

[Added by Ord. 2008-2, 10/16/2008]

The following uses shall be allowed within an approved traditional neighborhood development, provided that all the uses are consistent with the overall master plan:

Single-family detached dwellings.

Single-family semidetached (twin) dwellings, side-by-side, with each dwelling on its own fee-simple or condominium lot.

Single-family attached (townhouse) dwellings, with each dwelling on its own fee-simple or condominium lot.

Places of worship.

Public transit passenger shelters.

Library, community recreation center, post office and museum.

Child or adult day-care as a principal use or accessory use meeting Part 16.

Nursing home or assisted-living/personal-care center.

Offices.

Meeting facility for a membership club.

Retail store limited to a maximum floor area of 15,000 square feet per establishment, except one establishment may have a maximum floor area of 35,000 square feet. Up to two retail stores (which may include a pharmacy) may include a drive-through facility, provided that each is located to minimize conflicts with sidewalks. Adult bookstores and other adult uses are prohibited in all cases. See "fuel sales" below.

Art gallery, farmers' market, financial institution, personal service use, or restaurant. Outdoor cafes are encouraged and may extend onto a sidewalk, provided that a minimum four-foot-wide continuous pedestrian and wheelchair pathway is maintained. Drive-through facilities are prohibited for a restaurant but may be used for a financial institution. However, a use that primarily involves the sale of hot beverages may include a drive-through facility, provided that the drive-through is not open between 10:00 p.m. and 5:00 a.m. A restaurant may include curbside pickup of orders that were placed offsite.

Exercise club or hotel/bed-and-breakfast inn (see § 1602, Subsection 8) with a maximum of 30 guest rooms.

Multifamily/apartment dwelling units may be allowed in a separate building, above a street-level commercial use, as part of a live-work unit, or as independent living units in an age-restricted development.

The developer shall have the option of offering certain dwelling units specified on the master plan as live-work units that encourage a person to work on the first floor and live in the upper stories. However, those dwelling units are not required to be used as live-work units.

Indoor or outdoor noncommercial recreation facilities owned by the Township, a property owners' association or a nonprofit recreation organization.

TND open space or a nature preserve.

Golf course with a minimum acreage of 50 acres.

Home occupations (see § 1602) and accessory uses shall be addressed in the same manner as the underlying zoning district, unless specifically stated otherwise by this Part 14.

A second dwelling unit in an allowed single-family detached dwelling building or above the garage of a single-family detached dwelling, provided that:

(1)

No more than 5% of such dwellings shall have a second dwelling unit;

(2)

The locations of the lots allowed to have a second dwelling unit shall be designated on the final subdivision plan; and

(3)

The second dwelling unit shall not include more than 1,200 square feet of habitable indoor floor area and shall not include more than two bedrooms.

Sales and rental offices and model homes for the development and temporary construction trailers.

Group homes, which shall be regulated in the same manner as the underlying zoning district.

Public or private primary or secondary school.

Educational facilities of a college, university or trade school.

Sale of gasoline, diesel fuel and similar motor vehicle fuels shall only be allowed if the following additional requirements are met:

(1)

One such use is allowed per TND. It may be combined with another allowed use, such as a retail store or restaurant without drive-through service, and may include a car wash.

(2)

The use shall include a minimum of one deciduous shade tree for every fuel pump.

(3)

The use shall be set back a minimum of 300 feet from any dwelling unit, other than apartments within the TND.

(4)

A landscaped earth berm with a minimum height of three feet shall be placed between any adjacent street and the fuel pumps, except for areas where a berm is not possible for stormwater or sight distance reasons.

(5)

Lighting under a canopy shall be recessed or surrounded by a shield so that the luminaries are not visible from beyond the lot lines.

(6)

The use shall only be allowed if it is specifically approved as part of the conditional use for the TND and if architectural and landscaping plans are provided as part of that application.

Business buildings shall have their main pedestrian entrance facing a street, a pedestrian walkway/plaza or a central commons. No outdoor commercial storage shall be permitted unless it is completely screened by landscaping and/or buildings.

§ 1407 TND Open Space.

[Added by Ord. 2008-2, 10/16/2008]

A minimum of 30% of the total lot area of the tract shall be permanent TND open space.

The minimum amount of preserved open space shall be reduced from 30% to 25% of the total lot area of the tract if the applicant commits to construct a community center and at least two of the following types of recreational facilities:

(1)

Two golf putting greens.

(2)

Two regulation-sized tennis courts.

(3)

One full or two half basketball courts.

(4)

An outdoor amphitheater that allows seating by a minimum of 100 people and is used for outdoor music concerts, at a minimum, and which does not routinely involve shows with a mandatory admission charge.

(5)

A swimming pool.

(6)

A roofed picnic pavilion with tables and seating for a minimum of 40 persons.

(7)

A fitness center with a variety of exercise machines.

(8)

An open grass generally level play field with a minimum length of 100 feet and a minimum width of 50 feet that allows for unscheduled informal sports by young persons.

(9)

An improved area near the commercial main street area that is suitable for special events, including both hard-surfaced and landscaped areas and benches.

(10)

A decorative water fountain or waterfall of sufficient size and scope so as to be a focal point of the community, located at or near the commercial main street.

Such recreational facilities and TND open space shall be provided at a minimum for use of the residents with no charge that exceeds the costs of operating, repairing and maintaining the facility. Some or all of the recreation facilities and TND open space may also be made available to invited guests and/or the general public. The community center, when required, shall have a minimum floor area of 2,500 square feet built around an ADA-accessible meeting room for community meetings and social events. A portion of the community center may be temporarily used as a sales office until the TND is completed and may also include a property owners' association office.

A portion of the required TND open space shall be in an interconnected area that is linked together, but which may include crossings of streets. The TND open space shall include at least one looping recreation trail that is open to the public. The TND open space shall meet the definition of such term in Section 302.

(1)

SALDO. The TND open space requirement shall be in addition to recreation land or fee-in-lieu-of-recreation-land requirements in the Subdivision and Land Development Ordinance (SALDO) [Chapter 22]. However, if the applicant commits to construct specific Township-approved outdoor recreation facilities that will be available for use by all Township residents, then the Board of Supervisors may approve such facilities as meeting the SALDO recreation land and fee requirements as a modification of the SALDO requirement.

(2)

A landscaping plan for the TND open space shall be prepared by a registered landscape architect.

At least a portion of the preserved open space shall be provided within at least one central commons with a minimum lot area of 20,000 square feet.

The majority of the central commons should be planted so as to eventually result in a canopy of deciduous trees over areas of the commons that are not planned for active recreation. Existing trees may be retained and used to meet this requirement if the Township determines that they are suitable for such purpose.

The required central commons shall have a minimum width and minimum length of 60 feet.

The required central commons shall include benches of durable construction and hard-surface pathways. The majority of the pathways in a central commons shall be ADA-accessible.

Stormwater detention basins and drainage channels shall not be used to meet the minimum TND open space requirements, except for areas that the applicant proves to the satisfaction of Township Board of Supervisors would be able to be attractively maintained and landscaped and be usable for recreation during the vast majority of weather conditions or that would have the appearance of a natural scenic pond or a natural swale.

For land intended to be open to the public, all required open space shall have provisions for entry with a fifteen-foot minimum width by pedestrians from a street open to the public or from adjacent open space that has access to such a street.

§ 1408 TND Dimensional Requirements.

[Added by Ord. 2008-2, 10/16/2008]

Single-family detached dwellings:

Minimum lot area: 4,000 square feet.

Minimum lot width at the minimum building setback line: 40 feet.

Single-family semidetached (twin) dwelling unit:

Minimum lot area: 3,000 square feet.

Minimum lot width at the minimum building setback line: 30 feet, except 40 feet if garage door(s) for two or more vehicles will face the front of the dwelling along a street.

Single-family attached (townhouse) dwelling unit:

Minimum lot area: 1,800 square feet.

Minimum dwelling unit width at the front of the enclosed dwelling unit: 18 feet, except 24 feet if garage door(s) for two or more vehicles will face onto the front of the dwelling along a street.

Maximum number of connected townhouse dwellings: eight.

If eight townhouses are connected together, they shall be separated from any other principal building by a minimum of 20 feet, and that setback area may be required by the Township to include a paved pathway to reach any rear alley or parking court.

Multifamily dwelling (apartment) building (other than upper-story dwelling units above a commercial use):

Minimum lot width: 50 feet.

Minimum lot area: 5,000 square feet.

Minimum building setback from the lot line of a single-family detached dwelling within the TND: 20 feet.

Minimum building setback from an existing single-family detached residential building that is not within the TND: 150 feet.

Principal nonresidential use (a lot may include more than one allowed nonresidential use; and within Township-approved commercial areas, principal buildings with a first-floor business use may be attached to each other and may include upper-story dwelling units):

Minimum lot area: 5,000 square feet, except 3,000 square feet shall be allowed within a main street commercial area that has shared parking.

Minimum lot width at the minimum building setback line: 30 feet.

Maximum building coverage of the TND, measured at the completion of the TND: 40%. Maximum impervious coverage of the TND, measured at the completion of the TND: 60%. Street rights-of-way shall be deleted before calculating coverages. In each phase, a minimum of 20% of the total lot area of all lots shall be landscaped in grass or other vegetative ground cover and shall be planted with trees and shrubs, if such areas are not maintained in existing woods. Required open space shall not count towards such 20% minimum.

Building setbacks/yards (along a street, minimum yards shall be measured from the proposed future/ultimate right-of-way):

Front yard and side yard from a minor street: minimum five feet; maximum 25 feet from a new minor street.

Front yard or side yard from a collector street: minimum five feet; maximum 30 feet from a new collector street.

Any yard from an arterial street: minimum 30 feet.

Side yards: minimum five feet each, except zero where buildings are approved to be attached. Commercial buildings shall be allowed to be attached to each other within the approved commercial portion of the development. Each twin dwelling unit shall have one five-foot-wide side yard. Each set of townhouses shall have a ten-foot-wide side yard at each end townhouse unit.

(1)

A detached garage located to the rear of the lot shall have a minimum side yard setback of three feet. If a garage is only connected to a dwelling by a breezeway, it may be considered to be attached or detached by the applicant for the purposes of meeting setback requirements.

(2)

For a detached principal building, the subdivision plan may be approved with one side yard wider than the other to allow wider use by the residents of the larger side yard and/or to provide for a side driveway to rear parking. In such case, one side yard may be a minimum of three feet, provided that the total width of the two side yards equals a minimum of 10 feet.

Rear yard for a principal nonresidential building: minimum 30 feet.

Rear yard for a vehicle garage serving a dwelling or a dwelling unit that is allowed to be above a garage: minimum of five feet. A deck attached to a dwelling may extend into the rear yard and may extend over a vehicle garage, provided that the deck is not enclosed.

Each dwelling unit, other than a multifamily/apartment dwelling, shall have a minimum of 300 square feet of usable outdoor space for the exclusive use of the residents of that dwelling unit. If a single-family detached dwelling is allowed to have an accessory dwelling, then the two dwellings together shall provide three-hundred-square-foot of such outdoor space. For age-restricted dwellings, the three-hundred-square-foot requirement may be reduced to 120 feet. Such outdoor private space may be a yard, garden, patio, balcony, porch or unenclosed deck or a combination of such features. Measures shall be used to provide some measure of privacy for residents in rear yards, such as use of decorative walls, fencing, berming, latticework, awnings or landscaping.

Swimming pools and accessory buildings that are not vehicle garages shall have a minimum side yard and rear yard setback of three feet.

A maximum of 25% of the single-family detached, twin or townhouse dwelling units are not required to have a minimum lot width directly along a street right-of-way, provided that each dwelling unit:

(1)

Has a minimum lot width of 18 feet along an alley; and

(2)

Fronts upon a landscaped common open space with a paved or concrete sidewalk or pathway that provides pedestrian access to a street, and provided that the front door is not more than 150 feet from a street.

A maximum of five feet of depth within the required front yard setback may be used for an unenclosed front porch, stoop, steps, handicapped ramp, awning, or canopy.

In place of individual fee-simple lots meeting these dimensional requirements, an applicant may choose to utilize a condominium form of ownership or provisions of the Pennsylvania Uniform Planned Communities Act.[1] In such case, the lots shall be laid out so that the dimensional and coverage requirements would be physically able to be met as if the dwellings were on fee-simple lots. However, in such case, the actual lot lines for such dimensions do not need to be legally established.

[1]

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

Parking Setback. No parking area of five or more spaces shall be located within 50 feet from any existing residential building that is outside the perimeter of the TND and that existed prior to the enactment of this Part 14.

Maximum Overall Density.

The maximum overall density of the traditional neighborhood development shall be determined as follows, as calculated in acres (and decimals):

(1)

Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.

(2)

Delete land areas that will be exclusively used for commercial uses and their off-street parking areas.

(3)

Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection 9A(1) above.

(4)

Delete 50% of the area of lands within the one-hundred-year floodplain from Subsection 9A(1) above.

(5)

Delete areas that are directly under electric transmission lines or towers that are designed for a capacity of 35 kilovolts or greater from Subsection 9A(1) above, unless the applicant proves to the satisfaction of the Board of Supervisors as part of the conditional use application that such areas will be landscaped and improved with interconnected recreation trails so as to be attractive and usable as TND open space.

(6)

Delete areas within existing ponds or lakes from Subsection 9A(1) above.

(7)

Multiply the resulting acreage by 6.0 dwelling units per acre to result in the maximum number of permitted dwelling units within the development.

Note:

This method of calculating density does not require the deletion of stormwater detention basins, shared parking areas, new streets, future/ultimate rights-of-way, new preserved/common open space, new alleys or similar features.

Each five beds in a nursing home or assisted-living/personal-care center shall be counted the same as one dwelling unit for the purposes of controlling density.

10.

Density Bonuses:

The maximum density may also be increased through use of the following age-restricted housing bonus:

(1)

This Subsection 10A provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for "housing for older persons" as specified in the United States Code. (Note: As of 2008, such provisions were in 42 U.S.C. § 3607.)

(2)

In order to be approved by the Township as an age-restricted residential development, every dwelling unit (except one dwelling unit for one manager) within a distinct geographic section of the TND totaling at least 10 acres of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations:

(a)

A minimum of one head of household of each dwelling unit shall be age 55 years or older or physically disabled as defined by the social security disability regulations; and

(b)

No person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year, unless such person has a disability as defined under federal fair housing regulations.

(i)

Any violation of such age restrictions shall be a violation of this Chapter. In addition, in order to be approved as an age-restricted development, the applicant shall establish an appropriate legal entity, such as a property owners' association that has the duty, authority and responsibility to enforce such age restrictions over time.

(ii)

If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce, incapacitation, illness or separation of a resident of that same household.

(3)

If a residential development is approved under this Subsection 10A, then the minimum lot area or the minimum lot size per age-restricted dwelling unit, as applicable, shall be reduced by 25%. Where density is stated in terms of a maximum number of age-restricted dwelling units per acre, the maximum density may be increased by 25% under this Subsection 10A. An age-restricted residential development shall meet all other requirements of the TND.

The density bonuses may be added together, provided that the requirements for each are met.

The maximum density may also be increased through use of the following bonuses designed to promote the purposes of a TND listed in § 1401 by encouraging more innovative development and efficient uses of land and infrastructure that create cost efficiencies in construction and maintenance in exchange for a greater open space, recreational opportunities and amenities:

[Added by 2009-4, 12/15/2009, § 2]

(1)

The maximum density as computed in § 1408.9A may be increased by an additional 0.5 dwelling unit per acre for each additional 5% of open space provided above the minimum amount required in § 1407.

(2)

The maximum density as computed in § 1408.9A may be increased by an additional 0.25 dwelling unit per acre for each major water feature (one acre minimum) or outdoor natural amphitheater (200-seat minimum) provided as part of the TND, provided that such facilities are not constructed for purposes of satisfying § 1407.1A.

(3)

The maximum density as computed in § 1408.9A may be increased by an additional 0.2 dwelling unit per acre for each canoe or fishing access point that provides parking, boat trailer access and moorings within the TND.

(4)

The maximum density as computed in § 1408.9A may be increased by an additional 0.1 dwelling unit per acre in consideration for providing each of the following amenities as part of the TND, provided that such facilities are not constructed for purposes of satisfying § 1407.1A:

(a)

Two regulation-sized tennis courts.

(b)

One full or two half basketball courts.

(c)

Swimming pool.

(d)

Roofed picnic pavilion with tables and seating for a minimum of 40 persons.

(e)

Fitness center with a variety of exercise machines.

(f)

An open grass generally level playing field with a minimum length of 100 feet and minimum width of 50 feet that allows for unscheduled informal sports.

(g)

Soccer field (minimum youth league size).

(h)

Baseball field (minimum youth league size).

(5)

For purposes of calculating the additional density bonuses, the applicant may include any land subject to a utility right-of-way agreement or easement or municipal, county and governmentally owned land if the applicant proves to the satisfaction of the Township Board of Supervisors that such land has been improved and will be maintained and usable for recreation purposes.

(6)

The density bonuses may be added together, provided that the requirements for each are met. The maximum density under this Subsection C may not exceed nine dwelling units per net acre.

11.

Maximum building height: 45 feet or three stories, whichever is more restrictive, except 15 feet for an accessory building that is not approved to include an accessory apartment, and except that a nursing home or personal-care/assisted-living facility may have a maximum height of 55 feet or four stories, whichever is more restrictive.

§ 1409 Landscaping and Street Trees.

[Added by Ord. 2008-2, 10/16/2008]

A green area with a minimum diameter of 4.5 feet shall be provided to accommodate street trees between the curb and the sidewalk, unless an alternative location for street trees is specifically approved by the Township. Tree wells may be used. Areas that are between the dwelling and the street curb and that are not used for approved sidewalks shall be maintained in a vegetative ground cover and landscaping.

A minimum of one deciduous street tree shall be required for an average of each 50 feet of street frontage on each side of each existing or proposed street. A uniform separation is not required between street trees. Such street trees shall have a minimum trunk width, when planted, of 2.5 inches, measured six inches above the ground level. The species shall be preapproved by the Township.

The site design of a TND shall carefully consider the feasibility of preserving existing, healthy, attractive trees with a trunk width of eight inches or more, measured at a height of 3.5 feet above the ground level.

A landscape planting plan shall be prepared by a registered landscape architect. Such plan may specify a range of species in various locations and may include typical planting locations without specifying the exact location of each plant. Such plan shall state the minimum initial sizes of landscaping. Such landscaping plan shall be offered for review by the Planning Commission and Shade Tree Commission and shall be approved by the Supervisors as part of the subdivision plan.