Township of Mount Joy, PA Article XXVI Design Options and Density Incentives

§ 135-351 Single-family cluster option.

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:

[1] A golf course; or

[2] A recreation use permitted by right or by special exception in the OS District; and

[Amended 3-16-2015 by Ord. No. 293-2015]

(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.

(4) Such landscaping shall be substantially greater than the amounts that would be required under Township ordinances for a noncluster development. Note: See also Chapter 119, Subdivision and Land Development.

O. Nonpublic sewage and water service. A cluster development shall comply with § 135-311 of this chapter and the Township Capped Sewer Ordinance; see Chapter 100.

§ 135-352 Active-Adult Community Design Option.

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.

(1) Maximum building and impervious surface coverage.

(a) Maximum building surface coverage shall not exceed 40%.

(b) Maximum impervious surface coverage shall not exceed 65%.

(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.

(a) Off-street parking shall be provided in accordance with Article XXV.

(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.

[1] Pedestrian crosswalks shall be provided at the following locations:

[a] All new street intersections.

[b] At any location where a bicycle path, walking trail or other pedestrian way crosses a street, access drive or other vehicular way.

[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.

§ 135-353 Village Design Option (VDO).

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.

(f) Home day care, in accordance with § 135-232;

(g) No-impact home-based businesses in accordance with § 135-234B;

(h) Home occupations, by special exception and subject to § 135-234A.

(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

[4] Off-street parking shall be provided in accordance with Article XXV.

(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.

(2) Notwithstanding Subsection F(1) above, applications that extend a previously approved VDO shall have no minimum area requirements.[2]

[2] Editor’s Note: Former Subsection F(3), regarding minimum area of development tracts constrained on all sides, was repealed 4-17-2017 by Ord. No. 312-2017.

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.

(7) Building height.

(a) All principal residences shall be between 1 1/2 and three stories in height. In no case shall any principal building exceed 40 feet in height.

(b) Accessory buildings shall not exceed 25 feet in height.

(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.

(a) Pedestrian crosswalks shall be provided at the following locations:

[1] All new street intersections.

[2] At any location where a bicycle path, walking trail or other pedestrian way crosses a street, access drive or other vehicular way.

(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.

(3) If a transfer of development rights is approved under § 135-354, then the density of the neighborhood development may be increased up to the maximum density with incentives. The amount of dwelling units that are allowed to be transferred shall be determined by § 135-354.

(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.

(d) This Subsection R shall not by itself limit the sales price or rental price of a dwelling unit.

(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.

§ 135-354 Transferable development rights.

A. Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:

(1) Encourage the permanent preservation of important farmland and environmentally sensitive areas;

(2) Direct growth to locations where public water and sewerage services are available; and

(3) Provide a voluntary method for landowners to be compensated by the free market to preserve their land.

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.

C. Definitions. Refer to Article IV.

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.

(7) The transfer of development rights shall not be combined with incentives in § 135-351 concerning cluster development.

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.

§ 135-355 Reduced right-of-way option.

[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:

(1) The applicant shall construct, at the applicant's sole expense, a transportation improvement serving an overriding public interest, as defined in the Code of Ordinances of the Township of Mount Joy, Chapter 125, Transportation Impact Fees, § 125-3, Definitions.

(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.

§ 135-356 through § 135-360. (Reserved)