A.
This section allows an applicant the option to reduce the minimum
lot areas on tracts of land if the applicant proves to the satisfaction
of the Zoning Hearing Board that all of the requirements of this article
will be complied with.
(1)
Cluster purposes. To allow flexible development of areas with
sensitive natural features in such a way as to: avoid severe soil
erosion and sedimentation; avoid severely increased stormwater flows
and speeds; steer development to those areas that are more physically
suited for it; avoid construction of steep roads that are difficult,
time-consuming and expensive to maintain and snow plow; avoid increased
use of steep roads and driveways that are dangerous to drive upon
in snow and ice; conserve forested areas that are an important part
of the ecological cycle, providing for groundwater recharge, air pollution
reduction and wildlife habitats; reduce construction costs; allow
all property owners a reasonable use of their land, related directly
to the natural features and location and accessibility of the land;
and encourage the preservation of significant areas of common open
space.
(2)
The term "cluster development" shall mean a residential cluster development meeting the requirements of this § 135-351 and which is approved as a special exception use. A cluster development shall only include single-family detached dwellings, uses meeting the requirements for preserved open space, and their customary accessory uses. In addition, single-family semidetached dwellings may be permitted where specifically authorized.
B.
A tract may be eligible for approval for a cluster development if
it includes a minimum of five contiguous acres. The minimum tract
size may be reduced to two acres if the development will result in
new publicly owned preserved open space immediately abutting existing
publicly owned recreation land.
(1)
Lots of less than 1/2 acre that were previously granted final
subdivision approval as part of a residential development shall not
be recombined and resubmitted under this article.
(2)
For the purposes of this article, the term "total area of the
tract" shall mean the total lot area, not including areas within the
existing and future rights-of-way of existing streets. The total area
of the tract may include: the right-of-way of any new future streets
proposed within the tract; and any proposed open space.
(3)
Areas used for a principal nonresidential use and related parking
(other than permitted open space) shall not be included within the
land areas used to calculate compliance with this section.
C.
The cluster development shall be designed as a unified, coordinated
residential development, and shall be approved within a development
plan controlled by a single development entity. After final subdivision
approval and within an approved development agreement(s), an applicant
may sell lots or phases to other parties, provided that the development
agreements clearly provide for a proper division of responsibilities
to ensure compliance with the approved development plan.
D.
The application shall be submitted and acted upon by the Zoning Hearing
Board as a special exception use, after review and recommendation
by the Planning Commission.
E.
Reduction of lot width and lot area.
(1)
If approved as a cluster development ("CD"), then the minimum
lot area and minimum lot width of the following districts may be reduced
as follows, provided that the minimum preserved open space on the
entire tract meets the requirement stated below, and provided that
all other Township requirements are met.
(a)
If a particular situation is not described in the first column,
then a cluster development shall not be permitted in that situation.
|
Zoning District
|
Noncluster Minimum Lot Area2
(square feet)
|
Noncluster Minimum Lot Width
(feet)
|
Permitted Minimum Lot Area in a CD2
(square feet)
|
Permitted Minimum Lot Width in a CD
(feet)
|
Minimum Preserved Open Space on the Tract1
(percent)
|
|---|---|---|---|---|---|
|
OS with both approved central water and central sewerage
services
[Amended 3-16-2015 by Ord. No. 293-2015] |
87,130
|
150
|
12,0003
|
100
|
70
|
|
R with both approved central water and central sewerage
services
|
43,560
|
100
|
12,0003
|
70
|
60
|
|
R-1 with both approved central water and central sewerage
services
|
20,000
|
75
|
10,0003
|
70
|
40
|
|
Notes:
|
|---|
|
1Shall be calculated based upon the "Total Area of the Tract" [see definition in Subsection B(2)].
|
|
2Except where steep slope
regulations of this chapter require a larger lot size.
|
|
3The minimum front, side
and rear yards may each be reduced by five feet less than the depth
that would otherwise be required by the zoning district the CD is
to be located in.
|
|
Non-cluster requirements are summarized in the above
table for information purposes only.
|
(2)
Semidetached dwellings. Up to 50% of the dwelling units within
a cluster development may be semidetached dwelling units. Each dwelling
unit shall be on its own lot. In such case, the minimum lot area stated
above may be reduced to 8,000 square feet for each semidetached dwelling
unit, provided that the average of all lot areas of all dwelling units
is greater than 12,000 square feet.
F.
Other requirements. Only requirements that are specifically stated in this article as being adjusted shall differ from what would otherwise apply to a conventional noncluster development. All other requirements of this chapter and Chapter 119, Subdivision and Land Development, shall still apply to a cluster development.
G.
Conditions for cluster approval. In addition to the specific requirements
of this section, a cluster development shall only be approved as a
special exception use if the applicant proves to the satisfaction
of the Zoning Hearing Board, based upon review by the Planning Commission,
that the following conditions will be met:
(1)
That the cluster development would clearly serve a valid public
purpose that would result in a development that would be superior
to what would result if the land would be developed as a noncluster
development. Such valid public purposes include but are not limited
to the following:
(a)
The permanent preservation of forests, steep slopes, wetlands,
creek valleys, highly scenic areas or other sensitive natural features.
(b)
The permanent preservation of a substantial area of land in
crop farming or plant nursery uses, in a tract of proper size and
configuration that allows for efficient agricultural use and that
properly considers the issue of compatibility between the agricultural
uses and homes.
(c)
The dedication of public parkland at a site deemed appropriate,
in writing, by the Board of Supervisors, and that involves land that
is clearly suitable for active and/or passive recreation.
(d)
The permanent preservation of land for recreation, primarily
outdoor, that will serve large numbers of the public, and thereby
reduce demand for publicly funded recreation facilities.
(e)
The clustering of homes in a location that will be substantially
buffered from highly noxious, nuisance-generating uses, such as an
expressway or major arterial street.
(2)
The applicant shall prove that the proposed cluster development
has been designed in full consideration of important natural features,
including mature woodlands, creek valleys, steep slopes and wetlands.
The natural features of the site shall be a major factor in determining
the siting of streets, lots, dwelling units and preserved open space.
At a minimum, the applicant shall prove that areas along perennial
creeks shall be preserved in their natural state, except for landscaping,
erosion control improvements, public recreation improvements, and
needed utility, street and driveway crossings.
H.
Preserved open space.
(1)
Minimum amount of preserved open space. Subsection E above states the minimum percentage of the tract area within a cluster development that shall be permanently preserved as preserved open space. Such preserved open space shall be preserved by one of the methods specified in this section. The method(s) to be used to own, preserve and maintain the open space shall be acceptable to the Zoning Hearing Board.
(2)
Open space standards. Required preserved open space shall meet
all of the following requirements:
(a)
Such open space shall be permanently deed-restricted or protected
by an appropriate conservation easement to prevent the use of the
land for: the construction of buildings or any commercial purpose
(other than uses and buildings permitted by this section); or commercial
forestry (other than routine thinning of woods). Land approved as
required preserved open space shall only be used for approved recreation
uses, a nature preserve, a golf course, and approved agricultural
uses.
(b)
Open space required in a cluster development shall be in addition
to any recreation land dedication or recreation fee requirements that
may be required under another section of this chapter or the Subdivision
and Land Development Ordinance (SALDO). However, if more than 40%
of a cluster development tract is preserved as open space under this
article, then additional recreation land dedication or fees shall
not be required under the SALDO.
(c)
The applicant shall prove that the disturbance of natural slopes
over 15%, wetlands, mature forests and other important natural features
within preserved open space areas will be minimized.
(d)
Improvements to open spaces. The application shall include a
detailed and legally binding (if approved) description of what improvements
the applicant will make to any land intended to be publicly dedicated
to make it suitable for its intended purpose.
[1]
Examples of such improvements for areas intended for passive
recreation include preservation and planting of trees, development
of nature, bicycle or jogging trails, the stabilization of creek banks
and the removal of undesirable vegetation.
[2]
Examples of such improvements for areas intended for active
recreation include rough grading of land to create land suitable for
free-play fields for youth.
(e)
All proposed open spaces shall be cleared of construction debris,
materials from illegal dumping and any rocks that were not naturally
on the land, unless those rocks are incorporated into landscaping
improvements.
(f)
The applicant shall prove that all required open space would
be suitable for its intended and approved purposes.
(g)
Lots and open spaces shall be located to promote pedestrian
and visual access to preserved open spaces whenever possible.
(h)
Required common or public open space shall be safely and conveniently
accessible to residents of the cluster development. Any designated
pedestrian crossings shall be placed at locations that provide acceptable
sight distance.
I.
Steep slopes.
(1)
A lot required to have a larger minimum lot area under another
Township regulation because of steep slopes shall not be permitted
to be reduced in lot area under this article. However, through the
use of the smaller minimum lot areas in this article, the lot layout
may be able to be revised to move proposed building sites away from
steeply sloped portions of a tract so that requirements for larger
lots might no longer apply.
(2)
No construction of principal buildings shall occur on natural
slopes of over 20%. Streets shall be located to minimize alteration
of such slopes.
J.
Phasing. Any phasing of a cluster development shall be approved by the Township under Chapter 119, Subdivision and Land Development. Such phases shall ensure that the requirements of this article would be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.
K.
Maintenance of open space. A legally binding system shall be established
to oversee and maintain land that will not be publicly owned. Any
homeowner association shall generally follow the provisions of Section
705f, Parts (1) and (2), of the Pennsylvania Municipalities Planning
Code,[1] as amended. Legal documents providing for ownership and/or
maintenance of required open space shall be reviewed by the Township
Solicitor or Zoning Hearing Board Solicitor and approved by the Zoning
Hearing Board prior to recording of the deeds.
[1]
Editor's Note: See 53 P.S. § 10705f.
L.
Methods of preserving open space.
(1)
The method of ownership and use of any required preserved open
space shall be determined prior to preliminary subdivision or land
development approval. Except within the OS District, the Township
shall be given right of first refusal at the time of such review to
accept proposed open space as public open space. Required open space
shall be permanently preserved by one or a combination of the following
methods:
[Amended 3-16-2015 by Ord. No. 293-2015]
(a)
Dedication to the Township as public open space, if the Board
of Supervisors agree, in writing, to such dedication.
(b)
Dedication to Lancaster County as public open space, if the
county's governing body agrees, in writing, to such dedication.
(c)
Dedication to the Elizabethtown Area School District or Donegal
Area School District, if such Board of Education agrees, in writing,
to accept such dedication and to use and maintain the land for public
school buildings and/or related open space.
(d)
Dedication to a homeowners' association as preserved open space,
with the homeowners legally bound to pay fees for the maintenance
and other expenses of owning such land, and with such homeowners'
association being incorporated with covenants and bylaws providing
for the filing of assessments and/or municipal liens for the nonpayment
of maintenance costs for preserved open space that is not publicly
owned.
[1]
Such responsibilities shall be specified as part of each deed
prior to sale of each lot or dwelling unit. The Township may delay
a dedication of maintenance responsibilities by a developer to a homeowners'
association until such association is incorporated and able to maintain
such land.
(e)
Dedication of the land to an established nature conservation
organization acceptable to the Zoning Hearing Board.
(f)
Dedication of a permanent agricultural preservation easement
to the County Agricultural Preserve Board.
(g)
Operation as a bonafide golf course, with a minimum lot area
of 30 acres that do not include buildings or on-road vehicle parking.
(h)
Operation by a private entity of a recreation use permitted
and approved within the applicable district regulations.
(2)
The Zoning Hearing Board shall only approve a cluster development
if the applicant proves there will be an acceptable method to ensure
permanent ownership, preservation and maintenance of the required
open space.
(a)
Proper notations shall be required on the recorded plan. For
example, if the preserved open space is intended to be owned by a
homeowners' association as recreation land, a statement should be
included that the designated open space "shall not be further subdivided
and shall not be used for the construction of any nonrecreation buildings."
(3)
Township maintenance. Mount Joy Township shall be under no obligation
to maintain any open space unless the Board of Supervisors specifically
accepts such responsibility in writing.
(4)
Type of maintenance. Where the open space would not be dedicated
to a government entity, the subdivision plan shall state the intended
type of maintenance of the open space. The following classes of use
and maintenance may be used, or other classes that are clearly described
within and approved as part of the plan submittal:
(a)
Lawn: A grass area with or without trees which may be used by
the residents for a variety of purposes and which is intended to be
mowed regularly.
(b)
Natural area: An area of attractive desirable natural vegetation
that is primarily intended for passive recreation, with minimal maintenance.
Noxious and poisonous weeds should be controlled. Additional trees,
as appropriate, and wildflowers are recommended to be planted.
(c)
Recreation area: An area designated for a specific recreation
use, including but not limited to tennis, swimming, shuffleboard,
playfields and/or children's play equipment. Such areas shall be maintained
so as to be safe and appropriate for the intended use.
(d)
Agricultural area: An area designated for family vegetable plots,
a plant nursery, hayfields, Christmas Tree Farm, crop farming or other
Township-approved agricultural uses.
(5)
If required open space will not be dedicated to a government
entity, then legally binding documents providing for the ownership
and maintenance of open space shall, at a minimum, state that the
land may only be used for Township-approved purposes, unless a change
in use is subsequently approved, in writing, by the Zoning Hearing
Board as a special exception use.
(6)
Preserved open space. Areas used to meet minimum preserved open
space requirements shall not include any of the following:
(a)
Legal rights-of-way of existing and proposed streets;
(b)
Vehicle streets or driveways providing access to lots other
than the open space;
(c)
Land beneath building(s) or land within 20 feet of a building
(other than recreation buildings permitted within the open space,
and other than agricultural buildings and a farmstead which are permitted
within land approved by the Township for agricultural preservation);
(d)
Off-street parking (other than that clearly intended to serve
recreation uses permitted within the open space);
(e)
Area(s) needed to meet a requirement for an individual building
lot other than the approved open space;
(f)
Area(s) deeded over to an individual property owner for his
or her own exclusive use, except for land approved by the Township
for agricultural preservation or commercial recreation uses;
(g)
Land beneath or within 30 feet of each side of each of the following:
overhead electrical transmission lines of 35 kilovolts or greater
capacity; the towers/poles supporting such lines;
(h)
Land that does not have suitable pedestrian access points;
(i)
Areas including a stormwater detention basin, except for a basin
or portions of a basin that the applicant proves to the satisfaction
of the Zoning Hearing Board would be reasonably safe and useful for
active or passive recreation during the vast majority of weather conditions;
(j)
Portions of land that have a width of less than 20 feet;
(k)
Land that includes commercial recreation uses, except that the
following areas may be included as preserved open space if they are
permitted in the applicable zoning district and also meet the other
conditions for preserved open space of this chapter:
(l)
Land that includes a central sewage treatment plant or pumping
station.
M.
Transfer of development rights. Clustering under this section shall
not be combined with the transfer of development rights.
N.
Landscaping plan. An application for a cluster development shall
include a landscape planting and preservation plan prepared by a registered
landscape architect.
(1)
Such plan shall show the locations, general species and initial
sizes of landscaping to be planted within the preserved open space
and throughout the tract.
(2)
Such plan shall also show that existing substantial healthy
trees will be preserved to the maximum extent reasonable. The methods
to ensure preservation during construction shall be described.
(3)
Landscaping shall also be used as appropriate to filter views
of denser housing from any adjacent housing that is less dense.
A.
Legislative intent. It is the intent of the Board of Supervisors
in adopting these regulations to:
(1)
Provide quality housing, fellowship, and related private recreational
facilities and open space for persons primarily age 55 and older.
(2)
Recognize that the average household of persons aged 55 and
older, without minor children, has a lower number of residents per
dwelling unit and typically generates lower average rates of vehicle
traffic, water and sewer flows, and impacts upon public school systems,
compared to other types of residential development.
(3)
Encourage flexibility in site planning which will respect and
conserve historical resources, wildlife habitats, aquifer recharge
areas, steep slopes, rock outcroppings, and other areas of significant
beauty or importance to the environment.
(4)
Encourage a sense of community among residents of a complex
for older persons through indoor and outdoor facilities for social
interaction.
(5)
Provide for patterns of development around the perimeter of
a tract that are compatible with neighboring development while allowing
greater flexibility within the interior of the tract.
B.
Eligibility criteria. Active-adult communities shall be permitted
by special exception in the R-1 and MU Zoning Districts. An applicant
for a special exception for the development of an active-adult community
shall produce sufficient written evidence, which shall include documents
and plans, to demonstrate to the satisfaction of the Zoning Hearing
Board that the following criteria have been completely met:
[Amended 3-16-2015 by Ord. No. 293-2015]
(1)
The minimum size of the subject property shall be a single contiguous
parcel of 10 acres;
(2)
Public sewer and water shall be provided;
(3)
The development shall include, in a convenient and central location,
a fully enclosed multipurpose space that is designed to accommodate
administrative and sales offices exclusively for the management of
the community, banquet hall, community center, or central gathering
place, which shall provide facilities and services specifically designed
to meet the educational, informational, leisure, mental, physical,
recreational, and social needs of the residents;
(4)
Access to the site shall be from a minimum of two independent
access roads and/or frontages;
(5)
All principal buildings shall be set back a minimum of 50 feet
from all exterior lot lines;
(6)
If the development is not located within 1/4 mile (1,320 feet)
of a public transit facility or route, the development shall include
a shuttle bus service, owned and operated by the community management
association and/or its residents;
(7)
The minimum density of development shall be 4.0 dwelling units
per net developable acre, and the maximum density of development shall
be 7.5 dwelling units per net developable acre;
(8)
A minimum of 30% of the subject property shall be preserved as open space or recreational space to serve the development. Important historical and/or archaeological sites, significant natural features, such as woodlands, large trees, natural watercourses, wetlands, ponds, aquifer recharge areas, rock outcroppings, steep slopes, unique geological features, wildlife habitats, and scenic views, shall be incorporated into open space areas. The minimum open space area may also include buffer and all other landscape plantings, pedestrian trails, bikeways, recreational facilities (e.g., swimming pool, tennis courts, picnic areas, etc.), mature woodlands, etc. The minimum amount of open space shall exclude lands within the identified floodplain area established in accordance with Chapter 70, wetlands, habitats of endangered or threatened species, floods greater than 10%, utility easements or rights-of-way, underground storage tanks or hazardous waste storage areas, and the legal rights-of-way of existing and proposed streets. Stormwater management facilities shall not be considered or calculated as open space unless constructed and landscaped as an artificial pond or wetlands which incorporates wetland features and functions.
[Amended 3-21-2016 by Ord. No. 299-2016]
C.
Permitted dwelling types.
(1)
Single-family detached dwelling.
(2)
Semidetached dwelling (duplex).
(3)
Townhouses with no more than six units per building.
(4)
Apartment buildings meeting the following criteria:
(a)
Each dwelling unit shall be fully accessible by interior hallways
and passenger elevators placed to service each dwelling unit at each
floor;
(b)
Each dwelling unit shall have either a balcony or ground-level
patio;
(c)
A ground-floor lounge area, not exceeding 20% of the floor area
of the ground floor, may be provided and contain a snack bar, coffee
shop, vending area, or other small retail sales area to provide for
the basic needs of the residents of the apartment building.
(5)
No more than 30% of a developable tract area that is located
in the R-1 Zoning District shall be permitted to be developed with
townhouses and apartment buildings.
D.
Accessory uses. The following accessory uses shall be for the exclusive
use by the residents and invited guests of the active-adult community:
(1)
Clubhouse/community center; may consist of administrative and
sales offices, activity rooms, barbershop and/or beauty parlor, common
dining or banquet facilities, computer rooms, craft and hobby rooms,
dry-cleaning and/or laundry facilities, library, locker and shower
rooms, lounges, medical and dental offices, newsstand, pharmacy, physical
therapy and fitness facilities, snack bar/coffee shop, and/or other
similar uses required to meet the educational, information, leisure,
mental, physical, recreational, and social needs of the active-adult
community residents.
(a)
A maximum of 20% of the total floor area of the clubhouse/community
center may be used for medical, dental, and physical therapy offices.
(2)
Place of worship.
(3)
Gate house or guard station and/or mechanical entrance gate.
(4)
Maintenance shop and emergency power generation facilities.
(5)
Recreation facilities.
(6)
Other uses customarily incidental to an active-adult-type community.
E.
If the development tract is located in the MU Zone, all permitted-by-right uses in the MU Zone shall be permitted to be constructed as part of the active-adult community. All health care outpatient offices and health-care-related offices that are constructed under separate roof from a clubhouse/community center use that is permitted by Subsection D(1) above shall be accessible to the general public and not just the residents of the active-adult community.
[Amended 3-16-2015 by Ord. No. 293-2015]
F.
Building design and development criteria.
(2)
Individual lot size. No individual lot sizes shall apply. Each
dwelling unit shall be owned as a unit within the active-adult community
association without individual lot lines.
(3)
Building setbacks.
(a)
All principal buildings shall be set back a minimum of 50 feet
from all exterior lot lines.
(b)
All accessory structures shall be set back a minimum of 30 feet
from all exterior lot lines.
(c)
All buildings shall be set back a minimum of 30 feet from the
paved edge of all cartways, interior access drives, lanes or streets.
(d)
Building-to-building setbacks shall comply with the following
table:
|
Permitted Dwelling Type
|
Minimum Yard Space Between End Walls
|
Minimum Yard Space Between Rear Facades
|
Minimum Yard Space Between Building End Walls and Front
or Rear Facades
|
Minimum Yard Space Between Front Facades
(Where not Separated By a Street)
|
|---|---|---|---|---|
|
Single-family detached
|
12 feet
|
40 feet
|
20 feet
|
40 feet
|
|
Semidetached (duplex)
|
15 feet
|
40 feet
|
20 feet
|
40 feet
|
|
Townhouse
|
30 feet
|
60 feet
|
30 feet
|
60 feet
|
|
Apartment
|
40 feet
|
70 feet
|
40 feet
|
70 feet
|
(e)
If front or rear facades of townhouse or apartment buildings
are obliquely aligned, the above distances for spacing between the
rear facades or between front facades may be decreased by as much
as 10 feet at one end of the building if increased by a similar or
greater distance at the other end.
(f)
If townhouse buildings are at right angles to each other, the
distance between the corners of the end walls of the building may
be reduced to a minimum of 20 feet.
(4)
Garage facades shall not protrude more than four feet from the
main façade of the principal building unless it is a rear-
or side-accessed garage.
(5)
Height regulations. Buildings shall not exceed 35 feet in height
in the R-1 District and shall not exceed 45 feet in height in the
MU District.
[Amended 3-16-2015 by Ord. No. 293-2015]
(6)
Landscaping requirements.
(a)
Landscaping plan. An application for an active-adult community
shall include a landscaping planting and preservation plan prepared
by a registered professional engineer or landscape architect.
[1]
Such plan shall show locations, general species, and initial
sizes of street trees, buffer landscaping, and other landscaping elements
that are to be planted throughout the tract.
[2]
Such plan shall show that existing substantial healthy trees
will be preserved to the maximum extent possible. The methods to ensure
preservation during construction shall be described.
[3]
Landscaping shall be used as appropriate to filter views of
denser housing areas or commercial activities from the development
tract.
(b)
Buffer landscaping. A thirty-foot-wide buffer landscape strip
shall be provided along the entire perimeter boundary of the subject
property according to the following requirements:
[1]
Each buffer strip shall include a planting screen of deciduous
and coniferous trees or shrubs extending the full length of the property
lines.
[2]
The buffer strip may be interrupted only at points where vehicle
or pedestrian ingress and egress to the lot that perpendicular to
the buffer yard, locations necessary to comply with sigh distance
requirements, locations needed to meet other specific federal, state
and Township requirements;
[3]
Buffer plantings shall be a minimum height of four feet and
shall be of sufficient height and density to give a completely planted
visual barrier within three years of planting.
[4]
Plant materials that die, or become damaged, or diseased, shall
be replaced by the management association as soon as practicable in
order to maintain an attractive appearance.
(c)
Preservation of existing vegetation, wooded areas, or slopes.
If an applicant proves to the satisfaction of the Zoning Hearing Board,
through the submittal of the landscaping plan, or, by a report, completed
by a professionally registered arborist or landscape architect, that
an existing healthy tree line, or hedgerow, is both attractive and
healthy, then this may be used as a suitable alternative to the dense
planting screen.
(d)
In circumstances where it is impossible to provide planting
screening meeting the requirements of this section, the Zoning Hearing
Board may approve acceptable alternative methods of screening (such
as attractive visually solid weather resistant fencing), provided
that the applicant proves such alternatives would meet the spirit,
objectives, and the intent of the screening requirements. The applicant
shall submit a list of design for any proposed planting screen alternatives
at the time of submission of the special exception application.
(7)
Parking requirements.
(b)
Parking may be located in convenient common parking compounds,
provided the maximum distance between the parking spaces and the dwellings
for which they serve shall not exceed 200 feet.
(c)
All common off-street parking areas shall be set back a minimum
of 10 feet from all buildings and a minimum of 30 feet from the perimeter
lot lines.
(8)
Pedestrian/bicycling circulation system. A pedestrian network,
which may include sidewalks, as well as biking and/or hiking trails,
shall be required as an integral component of an active-adult community.
(a)
Hiking/biking trails shall be designed for two-way travel, having
a minimum width of 10 feet, and constructed of either concrete or
bituminous paving. All other design and construction standards shall
be consistent with those promulgated by the American Association of
State Highway and Transportation Officials (AASHTO), and those required
by the Americans with Disabilities Act of 1990, as amended.
(b)
At least one bench shall be provided for every 500 feet of trails
and sidewalks that is to be provided in the development.
(c)
Provisions shall be made to eliminate the possibility of vehicles
in off-street parking spaces from overhanging or encroaching into
the designated sidewalks, hiking or biking trails.
(d)
Sidewalks, hiking/biking trails shall be located within or immediately
adjacent to internal roads or access drives. In no case shall they
be closer than five feet from the curbline or cartway. If this is
not physically possible, a divider, of not less than four and a half
(4.5) feet in height, shall be installed according to the standards
promulgated by AASHTO standards and/or the Americans with Disabilities
Act of 1990, as amended.
(e)
The sidewalk network shall be a minimum of five feet in width, and shall connect all residences to on-site community amenities, parking, recreational areas, services, and external egress and ingress points. If the pedestrian network is not adjacent to a public or private street that has lighting, then appropriate illumination shall be provided in accordance with § 135-298 of this chapter.
(f)
Pedestrian only sidewalks shall be constructed in conformance
with the Americans with Disabilities Act of 1990, as amended.
(9)
Utilities. All utilities shall be installed underground.
(10)
Vehicular circulation system.
(a)
The following table lists required street, access drive and
alley widths:
|
Functional Street Classification
|
Number of Travel Lanes
|
Number of Parallel Parking Lanes
|
Minimum Required Cartway Width
(feet)
|
Minimum Required Sidewalks and Related Planting
Strip Width
(feet)
|
Minimum Required R.O.W. Width
(feet)
|
|---|---|---|---|---|---|
|
Arterial or collector2
|
2
|
2
|
40
|
20
|
601
|
|
Local
|
2
|
2
|
36
|
20
|
56
|
|
Local
|
2
|
1
|
28
|
20
|
50
|
|
N.A.
|
2-way alleys
|
0
|
16
|
0
|
16
|
|
N.A.
|
1-way alleys
|
0
|
11
|
0
|
11
|
|
N.A.
|
1-way access drive
|
0
|
9
|
0
|
9
|
|
N.A.
|
2-way access drive
|
0
|
18
|
0
|
18
|
|
N.A.
|
Joint-use driveway
|
0
|
16
|
0
|
16
|
|
NOTES:
|
|---|
|
1Unless a greater right-of-way width is required by § 135-301 or as indicated on the Township Official Map.
|
|
2Design speed of 35 mph
or less.
|
(b)
Interior streets within the active-adult community shall be
privately owned and maintained by the governing association or management
corporation for the active-adult community. Interior street construction
shall not preclude any public road improvement as identified on the
Township Official Map.
(c)
All driveways from dwelling units shall enter onto an internal
street or parking compound. No new driveway from a dwelling unit shall
enter directly onto an existing public street.
(d)
Pedestrian crosswalks.
[2]
Pedestrian crosswalks shall be no less than six
feet in width.
[3]
Pedestrian crosswalks shall conform to PennDOT
specifications.
[4]
If the pedestrian crosswalk serves a corner lot,
pedestrian signals shall be installed and maintained at the discretion
of the Board of Supervisors to help ensure pedestrian safety.
(e)
Pedestrian-scaled, ornamental streetlights shall be constructed
along all new streets and shall comply with the following:
[1]
Pedestrian-scaled, ornamental streetlights shall
be provided at regular intervals along both sides of any street within
the proposed development
[2]
One pedestrian-scaled, ornamental streetlight shall
be provided for every 100 to 150 linear feet of parcel frontage abutting
each side of a right-of-way.
[3]
Pedestrian-scaled, ornamental streetlights, when
installed, shall be between 12 and 20 feet measured from the mounting
surface to the top of the fixture.
[4]
Pedestrian-scaled, ornamental streetlights fixtures
shall be Spring City Electrical Manufacturing Company, Villa model,
or approved equal.
[5]
Pedestrian-scaled, ornamental streetlights shall
have a matte black finish.
(11)
Traffic impact studies.
(a)
The developer of an active-adult community shall, at sole cost
and expense to the developer, submit a traffic study, completed by
a professional traffic engineer, to the Zoning Hearing Board as part
of the special exception application.
(b)
The traffic study shall contain the information that is required by Chapter 119, Subdivision and Land Development.
(c)
If the active-adult community is to be located within the transportation service area (TSA), as defined by Chapter 125, Traffic Impact Fees, the traffic study shall also include the information necessary to calculate the required traffic impact fees in accordance with Chapter 125, Traffic Impact Fees.
G.
Other requirements.
(1)
Unless the Township, in its sole discretion, determines that
it is in the Township's interest to accept all or a portion of any
infrastructure within the active-adult community, infrastructure within
the active-adult community including but not limited to streets, utilities,
recreational areas, open space, common areas, landscaping, and community
facilities shall be constructed, owned, operated, and maintained by
a governing association or management corporation.
(2)
Ownership, maintenance, and use provisions associated with all
infrastructure and common facilities within the active-adult community
shall be identified within a governing association document or management
corporation document in a form acceptable to the Township Solicitor.
The document shall be submitted to the Township for review and approval
prior to final plan approval by the Township.
(3)
Declaration for age qualification. Prior to the recording of
the final plan, the developer shall record a declaration against the
property being developed, in a form acceptable to the Township Solicitor,
binding the property and owners to the minimum age qualification and
such other regulations as may be established by the developer. Such
qualifications and regulations shall be in accordance with all applicable
federal and state laws. The recorded declaration shall relieve the
Township from any obligation of enforcement on the governing association
and/or management corporation.
(4)
Architecture. Architectural renderings of typical dwelling units within the active-adult community shall be submitted to the Zoning Hearing Board at the time of submission of the special exception application. The form of the residences within the development shall consider the design elements identified in § 135-353I of this chapter.
A.
Purpose and intent.
(1)
In compliance with Article VI of the MPC,[1] this section provides an optional set of design standards
that can be applied to property located within the R-2 Medium-Density
Residential Zone and the R-3 High-Density Residential Zone. These
optional design standards seek to achieve a village-type setting that
is characteristic of much of Lancaster County's built environment
and heritage. All of the design standards are vital if the village
atmosphere is to be achieved. While many of the following requirements
deal with issues that typically transcend zoning jurisdiction, these
requirements are provided as optional design regulations with the
opportunity for substantial density bonuses, and are, therefore, considered
voluntarily self-imposed by prospective developers, but are enforceable
by the Township. The substantial density bonuses have been provided
to offset the increased costs of providing a "high-quality" development
that features historic building and streetscape design with authentic
construction materials (e.g., stone, brick, wood, slate), abundant
and diverse native landscape materials, and other streetscape and
public amenities often overlooked within contemporary suburban neighborhoods.
[Amended 3-16-2015 by Ord. No. 293-2015]
[1]
Editor's Note: See 53 P.S. § 10401 et seq.
(2)
Some of the specific development objectives of this section
include the design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of important natural and
cultural features;
(b)
Ensure diversity of housing types, sizes, and costs with particular
emphasis on scattered-site, affordable housing opportunities;
(c)
Provide for convenient vehicular access to the neighborhoods
edge but increased reliance upon pedestrian movements within its bounds;
(d)
Integrate local businesses and trades to enhance resident convenience
and offer limited employment opportunities;
(e)
Make efficient use of local infrastructure and services;
(f)
Reflect the historic and traditional building styles abundant
within the region;
(g)
Reserve and feature civic uses and open spaces as community
focal points;
(h)
Provide safe, efficient and compatible linkages with existing,
nearby land uses, streets, sidewalks, etc.;
(i)
Invite regular and frequent social interaction among its inhabitants;
and
(j)
Blend all of these above-referenced features in a way that promotes
community identification and a "sense of belonging" for the residents.
(k)
These development objectives will be used as a measure of conformance
with any proposed development within this section.
B.
Relationship to other ordinances and sections of this chapter. This
section has different land use and design requirements from those
contained in this and other ordinances of the Township. To the extent
the regulations within this section differ (are more or less restrictive)
from others, those within this section shall govern. However, all
other provisions of this and other ordinances of the Township shall
remain in full force.
C.
Review procedures.
(1)
It is the intent of this section to coordinate zoning approval with subdivision and land development approvals. Therefore, at the time an applicant submits an application for a land development plan in accordance with Chapter 119, Subdivision and Land Development, the applicant shall submit plans and other documentation for review by the Zoning Officer for a determination that the proposed VDO development will meet the specific and objective requirements of this § 135-353.
(2)
All proposals that utilize the design options of this section are strongly encouraged to submit a sketch plan under the requirements of Chapter 119, Subdivision and Land Development. During the sketch plan review, the applicant and Township should identify an overall design objective for the site and determine any fundamental problems that may exist with the associated development. Approval of a VDO development is tied to successful approval of a subdivision and land development plan that meets the specific requirements of this section and all other applicable requirements of this chapter, Chapter 119, Subdivision and Land Development, and any other applicable ordinances. The applicant shall be required to submit any and all of those materials that are needed to effectively demonstrate compliance with such requirements, to the satisfaction of the Township Zoning Officer.
(3)
It is the further intent of the Township to encourage flexibility,
economy and ingenuity in the development of tracts within a VDO development.
To this end, the Zoning Hearing Board may permit the developer to
modify the design standards of this article by special exception,
if such modifications will enable the design of a better development.
It is the specific intent of the Township to permit developers to
consider and utilize innovative methods of design, so long as the
following development objectives are served.
D.
Overall community form. A successful design must extend or enhance
the "quality of life" attributed to the layout and context of the
surrounding area. This measure considers the overall character of
the proposed neighborhood with its mixture of uses, as compared with
the character of the surroundings. The development should create the
opportunity to be a part of, and be accessible to, a complete community
with housing, employment, schooling, shopping, worship, and recreation.
E.
Permitted uses.
(1)
Permitted public, civic and open space uses.
(a)
Cemeteries;
(b)
Places of worship and related uses;
(c)
Community gardens;
(d)
Community center or other gathering facilities (e.g., meetinghouse,
amphitheater, etc.);
(e)
Libraries, museums and art galleries;
(f)
Mass transit depots and passenger shelters;
(g)
Natural settings and open spaces;
(h)
Public and/or nonprofit parks;
(i)
Public uses and public utilities structures;
(j)
Minor municipal service or utility facilities.
(2)
Permitted residential uses.
(a)
Single-family detached dwellings;
(b)
Single-family semidetached dwellings (duplexes);
(c)
Townhouses;
(d)
Apartment houses;
(e)
Accessory apartment, subject to the following criteria:
[1]
No more than 15% of the single-family detached dwellings in
the development shall be designed to include an accessory apartment.
An accessory apartment shall only be allowed on a lot that was designated
for such use at the time of approval of a subdivision and land development
plan.
[2]
Each accessory apartment shall contain at least 400 square feet
of habitable floor area and shall be confined to a portion of an accessory
garage.
[3]
The applicant shall furnish evidence that an approved system
of public water supply and public sewage disposal will be utilized.
[4]
Any extensions or modifications to the external appearance of
the building (except fire escapes) shall compliment the residential
character of the neighborhood.
[5]
All floors above or below grade shall have a direct means of
escape to ground level; and
[6]
Two off-street parking spaces per unit shall be provided in
addition to the off-street parking spaces provided for the single-family
detached dwelling.
(3)
Permitted commercial uses.
(a)
Banks and similar financial uses, including outdoor tellers
if pedestrian-oriented, and no more than two drive-through lanes.
(b)
Barber, beauty, tanning, and health salons;
(c)
Delicatessens, bakeries, ice cream shops, caterers, restaurants,
and fast-food restaurants, excluding drive-through facilities, nightclubs,
microbreweries, pubs, taverns and adult-oriented businesses;
(d)
Photographic, music, art, and dance studios;
(e)
Professional, medical and/or dental offices;
(f)
Repair of clocks, jewelry, cameras, electronics, and small household
appliances;
(g)
Retail sales and/or rental of goods such as, but not limited
to, antiques, apothecaries, recorded music and video materials, books,
clothing, confections, dry goods, flowers, fresh or packaged food,
furniture, gifts, hardware, jewelry, newspapers, notions, personal
and household supplies, photographic supplies, sporting goods and
stationary (excluding the retail sales of liquor, tobacco, vehicular
fueling stations and also adult-oriented business uses);
(h)
Tailors, off-site dry cleaning, and shoe repair services;
(i)
Commercial day-care facilities, subject to the following requirements:
[1]
An outdoor play area shall be provided at a rate of 100 square
feet per individual enrolled. The play area shall contain a decorative
perimeter fence that is at least four feet in height. Outdoor play
areas shall not be located in the front yard, must be set back 25
feet from all residential property lines, and be decoratively landscaped
with a mix of evergreen and deciduous shade trees. All landscaping
materials shall be native plant and tree species and shall not contain
any thorns or poisonous berries, leaves etc.
[2]
"Enrollment" shall be defined as the largest number of students
and/or children under day-care supervision at any one time during
a seven-day period;
[3]
Passenger dropoff and pickup areas shall be provided and arranged
so that the passengers do not have to cross traffic lanes on or adjacent
to the site; and
(j)
Accessory uses customarily incidental to the above permitted
uses.
F.
Minimum area requirements.
[Amended 3-16-2015 by Ord. No. 293-2015]
(1)
All development tracts utilizing the design criteria of this
section shall contain no less than 10 contiguous acres, unless a developer
proposes to include a use which requires a greater minimum lot area.
G.
Required mixtures of uses. All VDO developments shall provide a mixture
of uses that conform with the following ratios listed below:
[Amended 3-16-2015 by Ord. No. 293-2015; 4-17-2017 by Ord. No. 312-2017]
|
Use
|
Required Percentage
|
|---|---|
|
Public, civic, open spaces (excluding public utilities and service
structures)
|
For development tracts 10 acres in size or larger, at least
25% of the gross area of the development tract
|
|
Single-family detached dwellings
|
Minimum of 35%, and no more than 50% of the total dwelling units
proposed for the development tract
|
|
Duplexes, townhouses and apartment houses
|
No more than 65% of the total dwelling units proposed for the
development tract
|
|
Proposed local commercial uses
|
No more than 75 square feet of gross floor area per dwelling
unit to be located on the development tract
|
H.
Maximum coverage. In no case shall more than 65% of a VDO development
tract be covered with buildings and/or other impervious surfaces.
I.
Residential form.
(1)
Architectural considerations. All proposals utilizing the VDO
option must incorporate architectural treatments and styles that complement
the Township's historic and cultural resources. All applications shall
include the preparation of textual and typical graphic descriptions
by a commonwealth registered architect of proposed architectural features
and styles, which shall be presented and analyzed with the following
criteria:
(a)
Proportion of building's front facades. The relationship between
the width of the front of the building and the height of the front
of the building.
(b)
Proportion of openings within the building. The relationship
of width to height of windows and doors.
(c)
Rhythms of solids to voids in the front façade. Since
rhythm is a repeated and recurrent alteration of strong and weak architectural
elements, a rhythm of masses to openings in a building should be maintained.
(d)
Rhythm of spacing of buildings on streets. In moving past a
series of buildings, a rhythm of recurrent or repeated building masses
to spaces between them should be experienced.
(e)
Rhythm of entrance and/or porch projections. Moving past a series
of structures, one experience a rhythm of entrances or projections
at an intimate scale.
(f)
Relationship of materials. Within an area, the predominant materials
may be brick, stone, stucco, wood siding or other similar materials.
(g)
Relationship of textures. The predominant textures of an area
may be smooth, such as stucco, or rough as brick with tooled joints
or horizontal wood siding, or other textures.
(h)
Walls of continuity. Physical ingredients, such as brick walls,
wrought iron fences, evergreen landscape masses, building facades
or combinations of these form continuous, cohesive walls of enclosures
along the street.
(i)
Relationship of landscaping. There may be a predominance of
a quality and quantity of landscaping, although emphasis herein shall
be with the amounts and continuity of landscaping.
(j)
Paving materials. There may be predominance in the use of brick
pavers, cobblestones, granite blocks or others.
(k)
Directional expression of front elevation. Structural shape,
planning of openings and architectural detail may provide a predominantly
vertical, horizontal or nondirectional character to the building's
façade.
(l)
Scale. Scale is created by the size of units of construction
and architectural detail that relate to the size of man. It can also
be determined by building mass and how it relates to open space. The
major elements of scale may be brick or stone units, window or door
openings, porches and balconies, etc.
(m)
Relationship of color. Insofar as the mass and detail, such
as trim, are concerned, a predominant color that may be of a natural
material or a patina colored by time. Blending colors of trim is also
a factor.
(n)
Relationship of architectural details. Architectural details
and their relationship to the structure in question and adjacent ones
including, but not limited to, cornices, lintels, arches, quoins,
balustrades, and ironwork chimneys, etc.
(o)
Relationship of roof shapes. Buildings should have compatible
roof shapes, such as gable, mansard, hip, flat, gambrel and/or other
kinds of roof shapes.
(p)
Positioning of buildings. To the greatest extent possible, buildings
shall have a front-to-front view of other buildings and shall not
front along an alley which provides rear access to a dwelling across
the cartway of the alley.
(q)
A description of any nonstructural site improvements (buffering,
landscaping and screening) that will be used to protect the integrity
of the historic resources.
(2)
Required integration of housing types. All VDO developments
shall integrate a variety of dwelling types along a single streetscape.
Developments that isolate the respective dwelling types from one another
will not be permitted.
J.
Residential lot design requirements. Residential lots in the development
shall be designed in accordance with the following table:
|
Permitted Dwelling Type
|
Maximum Permitted Density w/o Density Incentives
(units/acre)
|
Maximum Permitted Density w/ Density Incentives
(units/acre)
|
Minimum Lot Width at Building Line
(feet)
|
Maximum Lot Coverage
|
Front Build-to-Line
(feet)
|
One Side Yard Setback
(feet)
|
Both Side Yard Setbacks
(feet)
|
Rear Yard Setback
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
Single-family detached
|
6
|
8
|
50
|
50%
|
10 to 15
|
6
|
12
|
20
|
|
Duplex
|
6
|
8
|
40 per unit
|
70%
|
10 to 15
|
6 per unit
|
N.A.
|
20
|
|
Townhouse
|
6
|
8
|
18 per unit
|
70%
|
10 to 15
|
10 end units
|
N.A
|
20
|
|
Apartments
|
6
|
8
|
30 per unit
|
70%
|
10 to 15
|
10 end units
|
N.A.
|
20
|
(1)
No less than 70% of a building's front façade (including
the front façade of any covered or uncovered porches) must
be located on the front build-to-line, except, however, no less than
50% of a townhouse or apartment house building's front façade
must be located on the front build-to-line. Front build-to-lines shall
be measured between the edges of the street right-of-way and the closest
façade of the building, including porches. No part of any building
shall extend closer to a street than the front build-to-line.
(2)
Required setbacks for accessory structures shall be six feet
from rear lot lines and six feet from side lot lines. No accessory
buildings shall be permitted within the front yard. Accessory structures
shall be indicated on a land development plan so that maximum impervious
coverage requirements for the development tract are not exceeded in
the future.
(3)
Building orientation and porches. All residential buildings'
main entrances shall face the lot's front yard. At least 50% of all
detached dwellings located along a public street within the same block
shall include porches within the front yard. When a dwelling with
a porch is located on a corner lot, the porch shall extend parallel
along both front lines. Maximum lot coverage requirements shall not
apply to porches located within the front yard.
(4)
Townhouse building design and separation requirements. All townhouse
buildings shall have a maximum width and length of 200 feet. No townhouse
building shall contain more than six units. No more than 67% of such
units shall have the same front yard setback; the minimum variation
of setback shall be five feet. In addition, no more than two contiguous
units shall have identical rooflines that generally parallel the ground
along the same horizontal plane. All townhouse buildings shall be
set back a minimum of 15 feet from any interior access drives, or
parking facilities contained on commonly held lands. All townhouse
buildings shall be set back at least 30 feet from any perimeter boundary
of the development site. In those instances where several townhouse
buildings are located on the same lot, the following separation distances
will be provided between each building:
(a)
Front to front, rear to rear or front to rear parallel buildings
shall have at least 50 feet between faces of the building. If the
front or rear faces are obliquely aligned, the above distances may
be decreased by as much as 10 feet at one end if increased by similar
or greater distance at the other end.
(b)
A minimum yard space of 30 feet is required between end walls
of buildings. If the buildings are at right angles to each other,
the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet.
(c)
A minimum yard space of 30 feet is required between end walls
and front or rear faces of buildings.
(5)
Apartment house building width and separation requirements.
All apartment houses shall have a maximum width and length of 200
feet. All buildings shall be set back a minimum of 15 feet from any
interior access drives, or parking facilities contained on commonly
held lands. All apartment house buildings shall be set back at least
30 feet from any perimeter boundary of the development site. In those
instances where several townhouse buildings are located on the same
lot, the following separation distances will be provided between each
building:
(a)
Front to front, rear to rear or front to rear parallel buildings
shall have at least 65 feet between faces of the building. If the
front or rear faces are obliquely aligned, the above distances may
be decreased by as much as 10 feet at one end if increased by similar
or greater distance at the other end.
(b)
A minimum yard space of 30 feet is required between end walls
of buildings. If the buildings are at right angles to each other,
the distance between the corners of the end walls of the building
may be reduced to a minimum of 15 feet.
(c)
A minimum yard space of 30 feet is required between end walls
and front or rear faces of buildings.
(6)
Residential building width. No residential dwelling shall be
greater than 120 feet wide, as measured parallel, or approximately
parallel, with any street line.
(8)
Vehicular access and parking requirements for residences.
[Amended 1-6-2014 by Ord. No. 284-2014]
(a)
Each proposed dwelling unit shall be required to provide space
for three parking spaces. At least one such space shall be provided
as an off-street parking space, either on the proposed site of the
residence, or as part of an off-street parking lot or garage. No more
than three off-street parking shall be permitted on an individual
dwelling lot, unless additional parking spaces are required to fulfill
the parking requirements for a home occupation or an accessory apartment.
All on-street parking must be provided within 100 feet of the dwelling
unit that is served in order to be calculated as part of the required
number of parking spaces.
(b)
Joint-use driveways shall be permitted to extend into the front
yard to connect properties with a public street, along a common lot
line serving at least two adjoining residences. In no case shall any
joint-use driveway serve more than four properties.
(c)
Access to a minimum of 50% of the dwelling units in the VDO
shall be provided with at least one of the following access configuration:
[1]
Vehicle garages that are accessed from the rear or side of the
dwelling (i.e., garage doors not facing the facing a front yard);
or
[2]
Vehicle garages which face the front yard but are set back from
the front facade of the dwelling by a minimum of 10 feet and which
are designed to minimize their visual impact from the street.
(d)
Individual dwelling lots shall not have direct driveway access
onto an arterial street. Alternative access must be provided, such
as alleys to the rear of the lot.
K.
Commercial form. When provided, commercial land uses should be contained to one cohesive node or street corridor location that is ideal for commercial uses and that is central to the neighborhoods served; however, peripheral locations along existing streets are also acceptable, so long as the design of such areas serves pedestrians and vehicles equally well. The street providing access to the commercial uses shall be designated as a collector or arterial roadway as defined by § 135-301. Commercial areas should be fitted with buildings, signs and sidewalks that are oriented to invite pedestrian access from existing adjacent neighborhoods. Off-street parking lots, loading areas and dumpsters should all be separated from view of the adjoining neighborhoods, and screened from adjoining roads.
(1)
Business timing. No commercial area shall be approved until
such time as at least 50% of the dwelling units for the development
have been constructed.
(2)
Location and layout. All commercial land uses shall be confined
to one area that is conveniently accessible to residents of the development.
Preferred designs include those that replicate "commercial village"
settings, or commercial courtyards; however, small-scale neighborhood
retail areas that adjoin existing roads are also acceptable if the
design of the shopping center invites safe and convenient pedestrian
access from adjoining neighborhoods.
(3)
Pedestrian access. All commercial areas must be integrated upon
a system of sidewalks and/or pedestrian, pathways, so that all inhabitants
of the development and adjoining neighborhoods to be served will have
safe and convenient pedestrian access.
(4)
Proximity to focal point. Where practicable, commercial areas shall be part of, contiguous with, or directly across from the prominent focal point, as required in § 135-353M of this chapter.
(5)
Building setback and orientation. Commercial areas shall consist
of storefronts that are principally oriented toward pedestrian customers.
Buildings should present a uniform pattern of setbacks (except in
the case of cafes) that are close to an adjoining sidewalk or courtyard.
Such sidewalks and courtyards should incorporate lamp posts, trash
receptacles, shade trees, pedestrian benches, and other similar amenities.
Neighborhood retail area designs must provide for an inviting pedestrian
entrance and shopping area that does not require the crossing of heavily
traveled access drives, and is visually separated from off-street
parking and loading areas.
(6)
Outdoor cafes. Outdoor restaurant cafes, including awnings,
umbrellas, tables and chairs, and trash receptacles are permitted,
so long as they architecturally and visually complement the overall
appearance and function of the commercial courtyard. All activities
on site shall be controlled so as not to constitute a nuisance by
means of noise and litter.
(7)
Outdoor display. One sidewalk display bin for retail merchandise
shall be permitted per commercial use between the main façade
of the building and the adjoining sidewalk/courtyard. Such bin shall
be located against the façade and shall not extend more than
four feet perpendicular from it. Sidewalk display bins shall not exceed
an overall length of 15 feet, no an overall height of three feet.
Sidewalk bins shall only be exhibited during the use's business hours.
(8)
Business signs. Signs for individual business commercial uses
shall only include wall signs or roof signs. Overall size shall be
limited to six square feet per sign. Each business will be permitted
one such sign per entrance. The entire commercial area is also permitted
two free standing planned center signs, at least one of which must
be oriented to the pedestrian access. Each planned center sign shall
not exceed 50 square feet. Internally illuminated signs shall be prohibited.
(9)
Required parking. Minimum off-street parking spaces for commercial uses that are part of a downtown or commercial courtyard are computed on the basis of one per 300 square feet of total floor area, except that convenience stores and/or offices of physicians, dentists, and veterinarians shall require one space per 200 square feet of total floor area. In addition, downtown commercial areas and commercial courtyards shall provide for on-street parking adjoining such commercial uses. Within other neighborhood retail areas, a minimum of one off-street parking space shall be provided for each 200 square feet of total floor area, and no on-street parking is required. All off-street parking must be provided within common parking lots, which shall be designed in accordance with Article XXV of this chapter. All off-street parking for commercial uses shall be set back no less than 25 feet, and screened from any adjoining property used principally for residential purposes. Furthermore, any access drive to an off-street parking lot must be set back at least 40 feet from the right-of-way lines of any intersecting street, and at least five feet from a fire hydrant.
(10)
Upper floor apartments. For each commercial use within a downtown
or commercial courtyard setting, one upper-floor apartment with a
separate ground level access and one off-street parking space may
be provided. No upper-floor apartments are permitted within a neighborhood
retail area.
(11)
Business size. No business shall comprise more than 5,000 square
feet of gross floor area, excluding upper-floor apartments.
(12)
Business lot area requirements. Minimum lot areas shall be at least 10,000 square feet per commercial use, unless the applicant can demonstrate to the satisfaction of the Planning Commission that a smaller lot area is possible without creating additional necessary modifications to the requirements of this Subsection J.
(13)
Business lot width requirements. 25 feet to 80 feet per store
front, except that, when a commercial use adjoins a lot or lots used,
or to be used in the future, for residential purposes, the maximum
lot width shall be increased to accommodate a required twenty-five-foot-wide
landscape buffer strip.
(14)
Maximum lot coverage: 90%.
(15)
Minimum required setbacks shall be as according to the following
table:
|
Commercial Use
|
Yards Abutting Other Commercial Uses
|
Yards Abutting Open Space, Public, Civic or Residential
Uses
(feet)
| |
|---|---|---|---|
|
Building
|
None
|
25
| |
|
Off-street parking
|
None
|
25
| |
|
Off-street loading
|
None
|
50
| |
|
Dumpsters
|
None
|
50
|
(16)
Required off-street loading. Sufficient loading area shall be provided for all uses in a rear or side yard. Off-street loading areas shall be designed in accordance with Article XXV of this chapter.
(17)
All buildings in a downtown or commercial courtyard setting,
shall have two, 2 1/2 or three stories maximum. All buildings
in a neighborhood retail area shall have one or two stories.
(18)
Outdoor storage. There shall be no outdoor storage of materials
or items related to any of the commercial uses permitted at any time.
(19)
Waste products. Dumpsters may be permitted within the side or
rear yard, provided such dumpsters are screened from any adjoining
roads and/or properties. All dumpsters shall be set back a minimum
of 50 feet from any adjoining properties used for a principal residence,
common open space or public or civic use. All waste receptacles shall
be completely enclosed within a masonry or fenced enclosure equipped
with a self-latching door or gate. Chain link fencing shall not be
permitted.
(20)
Architectural considerations. All commercial buildings are subject to the regulations of § 135-353I(1) of this section.
(21)
Landscaping. Any portion of the commercial site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative groundcover and other ornamental plantings. Required landscape strips and screens shall be installed, maintained and contain such materials as required by § 135-299.
(22)
Commercial operation standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or federal
government regulations, as required by the most recent regulations
made available from these governmental bodies.
(23)
Adaptive reuse of historic resources. It is encouraged that any historic resource identified by § 135-309 of this chapter be adaptively reused for a permitted use within the commercial area in accordance with § 135-353E(3).
L.
Open space form. Important and sensitive natural, cultural resources
shall be integrated and protected as part of the common open space.
Such spaces should invite public use and enjoyment, unless such use
would threaten their integrity. Other open spaces should be designed
to meet their desired purpose. Parklands, where provided, should be
located and improved to invite public use and enjoyment. Where parklands
are not offered, fees in lieu thereof shall be provided for Township
use. All open spaces should include a description of an acceptable
means for their ownership and maintenance.
(1)
Natural and cultural features inventory.
(a)
As part of the sketch plan review process, or if the applicant
decides to only submit a preliminary plan review, applicants shall
be required to prepare a natural and cultural features inventory of
the site. Qualified experts must identify and plot each of the following
found on the proposed site:
[1]
One-hundred-year floodplains.
[2]
Steep slopes (greater than 15%).
[3]
Wetlands, streams, ponds, or other water bodies.
[4]
Sinkholes, caves, vistas or other significant geologic features.
[5]
Threatened or endangered species habitats.
[6]
Archaeological resources.
[7]
Historic resources.
[8]
Significant stands of mature trees.
(b)
From this inventory and plot, it shall be incumbent upon the
applicant to demonstrate that the proposed schematic design of the
VDO development minimizes disturbance of, but integrates and protects
these features as part of a meaningful open space network.
(2)
Proposed parklands. All proposed developments must either dedicate public parklands or provide a fee in lieu thereof, in accordance with Chapter 119, Subdivision and Land Development. Such dedicated parklands may be part of the open space required by § 135-353G of this chapter, if such space complies with the parkland design requirements list in Chapter 119, Subdivision and Land Development. If a fee-in-lieu is provided, the developer shall still construct a pedestrian trail system connecting residents with the open space, commercial areas, existing trails and adjacent neighborhoods. Such trails shall be designed in accordance with Chapter 119, Subdivision and Land Development.
(3)
Ownership and maintenance of open space. An essential element of the VDO development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication, or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in accordance with Chapter 119, Subdivision and Land Development.
M.
Prominent focal point. Each development shall have a prominent focal
point, some special feature that distinguishes it from other neighborhoods.
This can be existing nature features, such as lakes and ponds or other
scenic views, or it can be a man-made feature such as important civic
buildings, historic resource, central park or promenade or a town
square. The design of the neighborhood shall prominently feature this
resource by orienting streets and finished elevations to maximize
its visibility. In addition, new focal points can be created by assembling
important public/civic amenities with commercial uses, and then constructing
them with impressive architectural style.
N.
Streetscape form. A successful project must extend existing streets
and sidewalks and provide for complete vehicular and pedestrian connection
with adjoining neighborhoods. It shall employ street design standards
that favor pedestrian movements along sidewalks and at intersections.
The street system must also allow for extension/connection associated
with future developments, where appropriate. Street system layout
shall also be generally rectilinear (as opposed to curvilinear), except
where significant natural or cultural features dictate otherwise.
Within the VDO, the following design standards shall be applied to
streets, streetlights, sidewalks and alleys.
(1)
The following table lists required street, sidewalk and alley
widths:
|
Functional Street Classification
|
Number of Travel Lanes
|
Number of Parallel Parking Lanes
|
Minimum Required Cartway Width
(feet)
|
Minimum Required Sidewalks and Related Planting
Strip Width
(feet)
|
Minimum Required R.O.W. Width
(feet)
|
|---|---|---|---|---|---|
|
Arterial or collector2
|
2
|
2
|
40
|
20
|
601
|
|
Local
|
2
|
2
|
36
|
20
|
56
|
|
Local
|
2
|
1
|
28
|
22
|
50
|
|
N.A.
|
2-way alleys
|
0
|
16
|
0
|
16
|
|
N.A.
|
1-way alleys
|
0
|
11
|
0
|
11
|
|
N.A.
|
1-way access drive
|
0
|
9
|
0
|
9
|
|
N.A.
|
2-way access drive
|
0
|
18
|
0
|
18
|
|
N.A.
|
Joint-use driveway
|
0
|
16
|
0
|
16
|
|
NOTES:
|
|
1Unless a greater right-of-way width is required by § 135-301 or as indicated on the Township Official Map.
|
|
2Design speed of 35 mph
or less.
|
(2)
No parking shall be permitted within alleys.
(3)
Where practicable, the design of streets, alleys and sidewalks
should provide for through traffic and pedestrian movements, and should
interconnect with existing nearby streets, alleys and sidewalks. The
use of cul-de-sac streets and alleys that contain no outlets should
be avoided, unless accompanied by plans of future adjacent street
connections.
(4)
All public streets that connect with existing arterial or collector roads, as designated in § 135-301 or on the Township Official Map, provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum center line turning radius of 150 feet. All other roads shall be designed with a minimum center line turning radius of 80 feet. All intersections of driveways, joint-use driveways, access drives and/or streets shall provide a clear sight triangle in accordance with Chapter 119, Subdivision and Land Development.
(5)
Both sides of all public streets shall be lined with a five-foot-wide
sidewalk and a five-foot-wide sidewalk planting strips; however, where
sidewalks directly abut on-street parking spaces fronting commercial
uses, such sidewalks shall be at least eight feet wide. Sidewalks
and sidewalk planting strips should weave beside, and in-and-out of,
one another. At driveway, access drive and street intersections, all
sidewalks shall include aprons for access by handicapped persons according
to standards contained within the latest version of the Pennsylvania
Universal Accessibility Standards. Sidewalk planting strips shall
stop no less than 20 feet from the curbline of an intersecting street;
in these areas, ten-foot-wide sidewalks shall be provided. In addition,
sidewalk planting strips can be replaced with ten-foot-wide sidewalks
at locations of passive pedestrian nodes (e.g., benches, fountains,
public transit stops and access points of public uses and parks).
One shade tree shall be provided every 50 feet, or fraction thereof,
of linear sidewalk planting strip.
(6)
Pedestrian crosswalks.
(b)
Pedestrian crosswalks shall be no less than six feet in width.
(c)
Pedestrian crosswalks shall conform to PennDOT specifications.
(d)
If the pedestrian crosswalk serves a corner lot, pedestrian
signals shall be installed and maintained at the discretion of the
Board of Supervisors to help ensure pedestrian safety.
(7)
Pedestrian-scaled, ornamental streetlights shall be provided
along new streets and shall comply with the following:
(a)
Pedestrian-scaled, ornamental streetlights shall be provided
at regular intervals along both sides of any street within the proposed
development.
(b)
One pedestrian-scaled, ornamental streetlight shall be provided
for every 100 to 150 linear feet of parcel frontage abutting each
side of a right-of-way.
(c)
Pedestrian-scaled, ornamental streetlights, when installed,
shall be between 12 and 20 feet measured from the mounting surface
to the top of the fixture.
(d)
Pedestrian-scaled, ornamental streetlights fixtures shall be
Spring City Electrical Manufacturing Company, Villa model, or approved
equal.
(e)
Pedestrian-scaled, ornamental streetlights shall have a matte
black finish.
O.
Public utility and service requirements. All proposals utilizing
the VDO must comply with the following requirements:
(1)
Both public sewer and public water shall be used throughout
the development.
(2)
Where practicable, the retention and regenerative percolation of stormwater runoff shall be designed to blend and function within the natural setting of the site. In such instances, such facilities can be part of the common open space required by § 135-353L. Stormwater facilities that, in the opinion of the Planning Commission, do not blend and function within the natural setting shall not be computed as part of the common open space required by § 135-353L.
(3)
All utility lines shall be located underground and within public
streets, alleys or other public rights-of-way. Any required utility
structures, buildings, pump stations, transformers, or other similar
devices shall be screened from adjoining properties and roads.
(4)
All streets shall be provided with streetlights. Such streetlights
shall be of such design and light intensity to serve adjoining uses,
yet complement the developments historic setting.
(5)
If the VDO development tract is located on an existing or proposed
street, which is on an existing or proposed Red Rose Transit Authority
(RRTA) bus route, a transit shelter and bench, shall be provided.
The shelter shall be handicap accessible. A bus pullout lane shall
also be provided to accommodate the safe boarding of passengers and
smooth transition of traffic. Where the development has been designed
to provide one or more through-street connections, the provision of
multiple transit sites may be warranted. If RRTA notifies the Township
that it will provide service within the VDO development tract prior
to approval of a final subdivision or land development plan, the applicant
shall provide a transit site to serve the commercial land uses.
(6)
Applicants are required to obtain a letter from the fire chief
of the company that would provide first call service to the proposed
development. Such letter should describe any foreseeable problems
regarding fire protection for the proposed development. Particular
attention should focus upon the location of fire hydrants and street
turning radii.
P.
Subsequent revisions to an approved VDO development. Once a VDO development
is constructed and occupied, subsequent revisions are permitted without
additional approvals from the Planning Commission if they:
(1)
Do not violate any of the standards of this chapter;
(2)
Do not violate any of the standards imposed upon the entire
development;
(3)
Do not violate any conditions attached to the original approval
of the VDO; and
(4)
Do not adversely affect the architecture of the approved existing
development.
Q.
Modification of design standards. The Zoning Hearing Board may permit the modification of the design standards by special exception in order to encourage the use of innovative design. A developer desiring to obtain such approval shall, when making application for approval of a VDO development as required by § 135-353C, also make application for special exception approval under this section. The Zoning Hearing Board shall consider the following standards when determining whether a modification of the standards of this § 135-353 is appropriate:
(1)
Such modifications of design standards better serve the intended purposes of the VDO development, as expressed in § 135-353A;
(2)
Such modifications of design standards would not result in adverse
impact to adjoining properties, nor future inhabitants within the
VDO development;
(3)
Such modifications will not result in an increase in residential
densities permitted for the site; and
(4)
The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria § 135-353P(1) to (3).
R.
Density incentives. VDO developments which incorporate one or more of the following elements shall qualify for an increase in the permitted density of a development tract. In no event shall density exceed the maximum density with density incentives as set forth in § 135-353J.
(1)
For every two-percent increase in the number of single-family detached dwelling units which meet the requirements of § 135-353J(3), the density of the neighborhood development may be increased by 0.1 dwelling units per acre, up to a maximum increase of 0.5 dwelling unit per acre.
(2)
Section 135-353J(8)(a) above includes provisions regarding the location of driveways. The following is an incentive above that requirement. This incentive shall apply if a minimum of 30% of the dwelling units shall be provided with all vehicle garage(s) that are accessed from the rear or that enter the garage from a side street or that have a one-lane driveway leading to vehicle garages that are located a minimum of 60 feet from the street and are designed to minimize their visual impact from the street. If such 30% minimum is met, then the density of the tract may be increased by 0.25 dwelling unit per acre. Alternatively, if a minimum of 50% of the dwelling units meet such standard, then the density of the tract may be increased by 0.5 dwelling unit per acre.
(4)
If a developer adaptively reuses a historic resource as part of the development in accordance with the requirements of § 135-309, then the density of the tract may be increased by one dwelling unit per acre. If the historic resource is not located on the Township Historic Inventory List, the developer shall demonstrate that the resource is eligible for listing under the requirements of § 135-309.
(5)
Workforce housing is defined as dwelling units that meet the standards of this Subsection R(5). If a neighborhood development will include a minimum of 10% of the total dwelling units that are be sold or leased as workforce housing, then a density bonus shall be allowed. Such density bonus shall result in an ability to build two additional dwelling units for every workforce housing dwelling unit, up to the maximum density allowed by § 135-353J using density incentives. Such dwelling units shall only be sold to individual(s) within a household that has an income up to 120% of the Lancaster County median family income for households, or leased, subleased or leased-to-own to individual(s) within a household that has an income of up to 80% of the Lancaster County median family within a household. The median family income for Lancaster County shall in accordance with the most recent fiscal year data issued by the United States Department of Housing and Urban Development that is available at the time a VDO development is proposed.
(a)
The restriction upon the workforce housing shall continue for
15 years after each dwelling unit is initially occupied. The restriction
upon the workforce housing shall apply at the time of the initial
sale or lease of the dwelling units and any subsequent sale, lease
or sublease of the dwelling units. The income determination shall
be based upon the income of the inhabitants of the dwelling unit during
the previous calendar year.
(b)
The applicant shall provide documentation as to how this program
shall be funded, monitored, implemented and enforced and shall agree
that the program conditions and requirements will be made a condition
of land development approval. Applicants are encouraged to propose
to involve a third-party nonprofit organization in overseeing compliance
with this section, with that organization responsible to periodically
certify compliance in writing to the Zoning Officer.
(c)
The proposed workforce housing shall be integrated throughout the development, as opposed to being isolated to one area of land. In addition to complying with the architectural guidelines established per § 135-353I(1), the workforce housing dwelling units shall be, to the greatest extent possible, indistinguishable as viewed from the front from other dwelling units within the development.
(e)
At the time of initial occupancy, a minimum of 50% of the workforce
housing dwelling units shall be available for purchase as opposed
to lease.
A.
Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
B.
Applicability.
(1)
Except as provided in Subsection B(6) below, the transfer of development rights shall only officially occur at the time of final approval of a subdivision or land development plan. The approval of a preliminary plan shall be conditioned upon compliance with this section. As part of a preliminary and final plan application, the applicant shall present a draft conservation easement on the sending property and a written, signed and notarized agreement by the owner of the sending property acknowledging and agreeing to the application.
(2)
The conservation easement shall be drafted so that it is binding
if the receiving property is granted final plan approval. The conservation
easement shall be recorded at the same time as, or prior to, the final
plan for the receiving property.
(3)
The form of the conservation easement shall be acceptable to
the Board of Supervisors, based upon review by the Township Solicitor
and Planning Commission. The term "conservation easement" shall include
but not be limited to an agricultural preservation easement. In the
case of agricultural land, the standard form for an agricultural preservation
easement used by the County Agricultural Land Preserve Board may be
utilized.
(4)
A sending property shall be within the A, OS or R District.
[Amended 3-16-2015 by Ord. No. 293-2015]
(5)
A receiving property shall be within the R-1, R-2 or R-3 District.
(6)
The owners of the sending and receiving properties shall voluntarily
commit to participate in the transfer of development rights. Once
such conservation easement is established, it shall be binding upon
all current and future owners of the sending property. The applicant
for the receiving property is responsible to negotiate with, and pay
compensation to, the owner of the sending property for the conservation
easement. Such transaction shall occur privately, and the value be
determined by the private market. The Township is under no obligation
to pay the owner of the sending property.
(7)
The right to develop a sending property may be purchased by
or donated to the Township, Lancaster County or an established incorporated
nonprofit organization whose mission includes preservation of agricultural
land or natural features. A permanent conservation easement shall
be established on the sending property at the time of such purchase
or donation.
D.
Determination of density.
(1)
Yield plans shall be presented by the applicant for the receiving
property. One yield plan shall be presented for the receiving property
and one for the sending property. Such yield plans shall be a level
of detail typically found in a sketch plan, including showing potential
lots and roads, known floodplains and suspected wetlands. Such yield
plans shall estimate the number of new dwelling units that could be
lawfully constructed on each property under Township regulations without
any transfer of development rights. Detailed septic perc tests are
not required for such sketches, but new septic systems shall not be
assumed to be possible in areas with obviously severe limitations.
(2)
Such yield plans shall be reviewed by the Zoning Officer, with
advice by the Township Engineer, to determine whether each represents
a reasonably accurate estimate of the number of dwelling units possible
on each site, both physically and legally. If such estimates are determined
to not be accurate, the applicant shall be required by the Zoning
Officer to revise such yield plan.
(3)
Based upon the yield plans, permission to develop a number of
dwelling units may be transferred from the sending property to the
receiving property. The potential to develop some or all of the dwelling
units may be transferred from the sending property, depending upon
the amount of land affected by the permanent conservation easement.
For example, if under current zoning, five dwelling units would be
possible on the western portion of a lot and six dwelling units on
the eastern portion, the owner may choose to transfer the right to
develop five dwelling units by placing a permanent conservation easement
on the western portion. The owner would then still have the right
to develop the eastern portion under the zoning in effect at the time
of a future development application for that eastern portion.
(a)
If only a portion of a lot would be affected by the conservation
easement, the applicant shall prove that the conservation easement
would permanently preserve a contiguous area of rectangular (or similar
regular) shape that would relate to the number of dwelling units that
would otherwise be allowed on such portion of the lot.
(4)
For every transfer of one development right that is transferred
from a property located in the A District to an appropriate receiving
property, the number of potential dwelling units on the receiving
property shall be multiplied by five. The number of dwelling units
possible in any other district shall not be multiplied. Therefore,
if a conservation easement is placed on land in the A District that
corresponds to the transfer of five development rights, a developer
in the receiving area may receive the right to develop 25 additional
dwellings. In the R or OS District, transferring five development
rights shall only result in permission to develop five additional
dwelling units on the receiving property.
[Amended 3-16-2015 by Ord. No. 293-2015]
(5)
The receiving property shall be permitted to include an increased
total number of dwelling units above the number that would otherwise
be permitted, based upon the yield plan. However, in no case shall
the following lot areas and densities be exceeded:
(a)
R-1 District: Only single-family detached dwellings shall be
permitted. The minimum lot area may be reduced from 20,000 square
feet to 12,000 square feet, and the minimum lot width may be reduced
from 90 feet to 70 feet.
(b)
R-2 District: For single-family detached dwellings, the minimum
lot area may be reduced from 15,000 to 10,000 square feet, and the
minimum lot width from 75 to 70 feet. The maximum average density
for other types of dwellings permitted in the R-2 District shall not
exceed six dwelling units per acre.
(c)
R-3 District: For single-family detached dwellings, the minimum
lot area may be reduced from 10,000 to 8,000 square feet, and the
minimum lot width from 75 to 60 feet. The maximum density for a manufactured
home park shall not be increased under this section. The maximum average
density for other types of dwellings permitted in the R-3 District
shall not exceed eight dwelling units per acre.
(d)
To determine maximum average density, land areas proposed to
be used for recreation land, detention basins and proposed streets
may be included in the land area. The maximum average density shall
include both existing and proposed dwelling units. Existing street
rights-of-way shall not be included.
(6)
To receive a transfer of development rights, the receiving property
shall be served by public sanitary sewerage service and public water
service.
E.
Once a conservation easement is established under a transfer of development
rights, it shall be permanent, regardless of whether the receiving
property is developed. The approval to develop the receiving property
in a higher density shall be treated in the same manner as any other
final subdivision or land development approval. The Board of Supervisors
may extend time limits to complete the development of the receiving
property in response to a written request.
F.
As part of a transfer of development rights, the development of the
receiving property shall comply with all Township requirements, except
for provisions specifically modified by this section.
[Added 6-15-2015 by Ord.
No. 295-2015]
A.
This section allows an applicant the option to reduce the ultimate
right-of-way width for proposed public streets by special exception
if the applicant proves to the satisfaction of the Zoning Hearing
Board that all of the requirements of this section will be met.
B.
Eligibility criteria. An applicant desiring a special exception under
this section shall have the burden of proof to demonstrate that its
request meets all of the following criteria:
(2)
The proposed transportation improvement will alleviate documented,
existing traffic problems in addition to providing capacity for traffic
to be generated by the applicant's proposed development. The applicant
shall present documentation of:
(a)
Existing traffic problems, preferably through studies or reports
in existence before the applicant filed an application for development
and preferably through studies and reports prepared by persons or
firms other than the applicant's consultants;
(b)
The capacity of the proposed transportation improvements; and
(c)
The traffic to be generated by applicant's proposed development.
(3)
The proposed right-of-way width shall be sufficient to contain the necessary travel lanes to accommodate the traffic anticipated by the proposed development and regional traffic which is projected to use the proposed roadway. The width of travel lanes shall be consistent with Chapter 119, Subdivision and Land Development, and PennDOT Publication 13M, Design Manual 2.
(4)
The applicant's proposed transportation improvement will include
facilities that provide adequate pedestrian circulation and safe and
adequate facilities for bicycle travel.
(5)
The proposed transportation improvement shall be consistent
with the Official Map.
C.
Right-of-way width incentive. Where the Zoning Hearing Board determines that an applicant has satisfied the criteria in this section, the ultimate right-of-way width for a proposed street may be reduced, by special exception, to a width less than the width specified in § 135-301, but in no case shall the width be less than 50 feet.
