[Added by Ord. 2008-2, 10/16/2008]
The TND provisions are primarily intended:
A. 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;
B. To encourage a more-efficient use of land and infrastructure to create
cost-efficiencies in construction and maintenance;
C. 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;
D. 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;
E. To promote a mix of diverse but compatible types of neighborhood
development;
F. To avoid development that would be inconsistent with the character
of the community and could cause inefficient patterns of sprawled
development;
G. 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;
H. 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;
I. To encourage persons to live, work, shop, attend religious services
and enjoy recreation within the Township;
J. To encourage the creation of a sense of place, feelings of belonging
and a community spirit that promotes social interaction and volunteerism;
K. 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;
L. To serve the purposes and objectives for traditional neighborhood
development as provided in Article VII-A of the MPC, as amended;
M. 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
N. 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.
[Added by Ord. 2008-2, 10/16/2008]
1. The Zoning Map is hereby amended to reflect the addition of the TND
Traditional Neighborhood Development Overlay District, as reflected
on Attachment A. 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.
2. 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].
[Added by Ord. 2008-2, 10/16/2008]
Each TND shall meet the following additional requirements:
A. 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.
B. 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.
[Added by Ord. 2008-2, 10/16/2008]
1. 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.
2. 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.
A. 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.
B. 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.
3. 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.
A. 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.
B. 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.
C. 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.
4. Information Required to be Submitted with the Conditional Use Application.
A. 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.
B. 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.
C. 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.
D. 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]
E. 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.
5. 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.
A. 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.
6. 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.
7. 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.
8. 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.
[Added by Ord. 2008-2, 10/16/2008]
A TND shall meet all of the following requirements:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
[Added by Ord. 2008-2, 10/16/2008; as amended by Ord. No. 2024-02, 4/1/2024]
1. The following uses shall be allowed within an approved traditional
neighborhood development, provided that all the uses are consistent
with the overall master plan:
A. Single-family detached dwellings.
B. Single-family semidetached (twin) dwellings, side-by-side, with each
dwelling on its own fee-simple or condominium lot.
C. Single-family attached (townhouse) dwellings, with each dwelling
on its own fee-simple or condominium lot.
E. Public transit passenger shelters.
F. Library, community recreation center, post office and museum.
G. Child or adult day-care as a principal use or accessory use meeting
Part 16.
H. Nursing home or assisted-living/personal-care center.
J. Meeting facility for a membership club.
K. 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.
L. 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.
N. 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.
O. 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.
P. Indoor or outdoor noncommercial recreation facilities owned by the
Township, a property owners' association or a nonprofit recreation
organization.
Q. TND open space or a nature preserve.
R. Golf course with a minimum acreage of 50 acres.
S. 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.
T. 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.
U. Sales and rental offices and model homes for the development and
temporary construction trailers.
V. Group homes, which shall be regulated in the same manner as the underlying
zoning district.
W. Public or private primary or secondary school.
X. Educational facilities of a college, university or trade school.
Y. 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.
AA. Bed-and-breakfast establishment, provided the conditions specified in Part
16, § 1602, Subsection 8, Bed-and-Breakfast Establishments, are met.
2. 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.
[Added by Ord. 2008-2, 10/16/2008]
1. A minimum of 30% of the total lot area of the tract shall be permanent
TND open space.
A. 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:
(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.
(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.
B. 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.
C. 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.
2. 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.
A. 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.
B. The required central commons shall have a minimum width and minimum
length of 60 feet.
C. 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.
3. 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.
4. 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.
[Added by Ord. 2008-2, 10/16/2008]
1. Single-family detached dwellings:
A. Minimum lot area: 4,000 square feet.
B. Minimum lot width at the minimum building setback line: 40 feet.
2. Single-family semidetached (twin) dwelling unit:
A. Minimum lot area: 3,000 square feet.
B. 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.
3. Single-family attached (townhouse) dwelling unit:
A. Minimum lot area: 1,800 square feet.
B. 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.
C. Maximum number of connected townhouse dwellings: eight.
D. 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.
4. Multifamily dwelling (apartment) building (other than upper-story
dwelling units above a commercial use):
A. Minimum lot width: 50 feet.
B. Minimum lot area: 5,000 square feet.
C. Minimum building setback from the lot line of a single-family detached
dwelling within the TND: 20 feet.
D. Minimum building setback from an existing single-family detached
residential building that is not within the TND: 150 feet.
5. 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):
A. 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.
B. Minimum lot width at the minimum building setback line: 30 feet.
6. 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.
7. Building setbacks/yards (along a street, minimum yards shall be measured
from the proposed future/ultimate right-of-way):
A. Front yard and side yard from a minor street: minimum five feet;
maximum 25 feet from a new minor street.
B. Front yard or side yard from a collector street: minimum five feet;
maximum 30 feet from a new collector street.
C. Any yard from an arterial street: minimum 30 feet.
D. 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.
E. Rear yard for a principal nonresidential building: minimum 30 feet.
F. 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.
G. 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.
H. Swimming pools and accessory buildings that are not vehicle garages
shall have a minimum side yard and rear yard setback of three feet.
I. 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.
J. 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.
K. 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. 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.
8. 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.
9. Maximum Overall Density.
A. 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.
|
B. 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:
A. 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.
B. The density bonuses may be added together, provided that the requirements
for each are met.
C. 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.
(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.
[Added by Ord. 2008-2, 10/16/2008]
1. 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.
2. 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.
3. 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.
4. 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.
6. Where new dwellings are proposed within proximity to an arterial
highway or expressway, the Township may require the planting of primarily
evergreen trees to provide a buffer between the dwellings and such
road. Any fencing shall be placed on the inside of such trees.
[Added by Ord. 2008-2, 10/16/2008]
1. An applicant may meet a maximum of 50% of the off-street parking
space requirements of adjacent uses by counting on-street spaces parallel
to the curb along a minor street or along an alley. This provision
shall be permitted only:
A. For spaces along the same side of a street along curb that is directly
contiguous to the set of lots being served, or a new alley within
a TND, and provided that the spaces are within 200 feet of each use
they serve;
B. If the applicant proves to the satisfaction of the Board of Supervisors
that the street or alley would be sufficiently wide to allow the parking,
and that there are no unusual safety hazards involved, compared to
typical on-street parking at other locations; and
C. If the applicant proves that such number of parking spaces could
be legally accommodated along the street, considering the locations
of driveways, fire hydrants and street corners.
2. Required parking may also be reduced through § 1909, particularly
for shared parking among uses.
3. The Township may require that a developer install overflow parking
areas if insufficient parking will be available on street and off
street. Such overflow parking areas shall be separated from the street
and any adjacent dwelling by landscaping and a ten-foot minimum width
vegetative strip and shall have access to a sidewalk along a street.
Such overflow parking area shall be owned and maintained by a property
owners' association or another entity preapproved by the Township.
[Added by Ord. 2008-2, 10/16/2008]
1. As authorized by the traditional neighborhood development provisions of the MPC, at any time, the Township Board of Supervisors shall have the authority to approve modifications, in writing, at a legally advertised meeting open to the public, to specific street, improvement and other requirements of the Subdivision and Land Development Ordinance [Chapter
22]. Such modifications shall not require proof of hardship and shall be intended to result in a development that is pedestrian-oriented or promotes low-speed traffic and that meets the purposes of a TND.
A. For example, the Board of Supervisors may approve reduced street
cartway widths, street right-of-way widths and street curve radii
and may approve one-way loop streets, boulevard-type street designs,
and/or roundabouts.
B. The Board of Supervisors may also defer certain submission requirements
from the preliminary plan to the final plan stage, provided that the
applicant commits to not construct improvements until after final
plan approval has been granted.
C. The applicant shall submit a request for modifications in writing,
which shall state the reasons why the modification would be consistent
with the purposes of a traditional neighborhood development as stated
in this Part 14 and the MPC and would be in the public interest while
protecting public safety.
D. The following street right-of-way and cartway widths shall be allowed for new streets that are not dedicated to the Township or the state, in addition to options that are allowed under the Subdivision and Land Development Ordinance [Chapter
22] or that may be approved as a modification:
(1)
A street fronting upon commercial development with two-way traffic
may be constructed with two travel lanes of 11 feet each, eight-foot-wide
parallel parking lanes, a 4.5 foot-wide planting area for street trees
using tree wells on each side of the street, pedestrian sidewalks
on each side of the street that are a minimum of eight feet in width
(which may count walkable parts of tree wells as sidewalks), and a
right-of-way width that extends a minimum of 10 feet on either side
of the curbline.
(2)
A street with two-way traffic that does not front upon commercial
development may be constructed with two travel lanes of 10 feet each
and eight-foot-wide parallel parking, a 4.5 foot-wide planting strip
with street trees on each side of the street, pedestrian sidewalks
on each side of the street that are a minimum of five feet and a minimum
right-of-way width that extends a minimum of 10 feet on either side
of the curbline.
(3)
Streets may be constructed with parking spaces located in "lay
by" or "cut out" lanes that reduce the width of the cartway along
portions of a street where on-street parking is prohibited. Portions
of streets near intersections are encouraged to provide "bump outs"
that reduce the width of street that needs to be crossed by pedestrians.
(4)
A street that does not provide for and does not create a need
for on-street parking may have two travel lanes of 10 feet each and
paved shoulders of four feet wide on each side that are separated
from the travel lanes by white lines. The shoulders may be waived
if a paved pathway suitable for bicycles is provided adjacent to the
street.
2. Any street within the TND Overlay District, whether public or private,
shall meet the same minimum construction material requirements as
any new street intended to be dedicated to the Township under Township
ordinances.
3. The development shall be subject to review by Township fire officials
to assist the Township in determining whether sufficient access points,
cartway widths and turning radii will be provided for access by emergency
vehicles and equipment. The Township may require that an applicant
provide evidence, such as a computer simulation, that the proposed
street system could be accessed by fire trucks, moving trucks, garbage
trucks and other service vehicles.
4. Stub Streets. The Board of Supervisors may require that a TND be
designed with stub street rights-of-way extending to the edges of
the tract if it determines that there is potential for interconnected
streets onto an adjacent tract. The developer of the adjacent tract
shall be responsible to fund the completion of the construction of
such street extensions at the time they would be needed. Until such
time, the stub right-of-way shall be maintained in vegetative ground
cover.
5. Access Controls. The applicant shall prove that the development involves
a fully coordinated interior traffic access system that minimizes
the number of streets and driveways entering onto an existing state
arterial highway.
6. Collector Street. There shall be at least one collector street providing
access within a TND. The TND shall be designed with a hierarchy of
streets that seeks to minimize the amount of through traffic in front
of most dwellings, other than dwellings proposed as part of the main
street area.
[Added by Ord. 2008-2, 10/16/2008]
1. See Sections 508(4) and 917 of the MPC, which provide an applicant
with protections during certain time periods against changes to Township
ordinances that would adversely affect an approved development. For
a TND that is granted conditional use approval, the five-year time
limit for such protection in Section 508(4)(ii) and (iii) shall be
extended to a maximum total time period of 20 years from the date
of the preliminary plan approval.
A. Such time extension shall only apply to changes to the Township Zoning
Ordinance and Subdivision and Land Development Ordinance that would
adversely affect the approved plans. Such time extension shall only
apply if the TND is developed in a manner that is generally consistent
with the approved TND master plan.
[Amended by 2009-4, 12/15/2009, § 3]
The Board of Supervisors may, by conditional use approval, permit the modification of the requirements and standards of this Part
14 in order to encourage the use of innovative design. An applicant desiring to obtain such conditional use approval shall, when making application for conditional use approval for a TND, also make application for conditional use approval under this § 1413. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the requirements and standards shall be subject to the following standards:
A. Such
modifications of the requirements and standards serve the intended
purposes of the TND as expressed in § 1401.
B. Such
modifications of the requirements and standards would not result in
adverse impact to adjoining properties nor future inhabitants within
the TND.
C. Such
modifications will not result in an increase in residential densities
permitted for the TND.
D. Such
modifications will not result in a decrease in common open space below
that required in § 1407 for the TND.