A.
The purposes of this article are to supplement Article III with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article III, the provisions of this article take precedence.
B.
In addition to the general standards for all special exceptions contained in § 225-1004, the specific standards for the particular uses allowed by special exception and conditional use are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception, or by the Borough Council of a conditional use, for such uses in applicable zones.
In the LI District and subject to the requirements of that district
except as herein modified and provided:
A.
No materials, merchandise, film or service offered for sale, rent,
lease, loan, or for view shall be exhibited, displayed, or graphically
represented outside of a building or structure.
B.
Any building, structure, or room used and occupied as an adult-oriented
facility shall be windowless or have an opaque covering over all windows
and doors of any area in which materials, merchandise, film, service,
or entertainment are exhibited or displayed, and no sale materials,
merchandise, film, or offered items of service or entertainment shall
be visible from outside the structure.
C.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service, or entertainment offered therein.
D.
Each and every entrance to the structure shall be posted with a notice
that the use is an adult facility; that persons under the age of 18
are not permitted to enter; and warning all others that they may be
offended upon entry.
E.
Parking shall be established as a minimum ratio of one parking space
for each 100 square feet of gross floor area and one parking space
for each employee.
F.
The lot or property line of such facility shall not be located within
1,000 feet of any Residential District, nor be located within 1,000
feet of any property whose use is principally residential.
G.
The lot or property line of such facility shall not be located within
1,000 feet of the lot or property line of any house of worship, school,
child or adult day-care facility, public recreation facility, or public
library.
H.
The lot or property line of such facility shall not be located within
1,000 feet of the lot or property line of another adult-oriented facility.
I.
No adult-oriented facility or activity may change to another type
of adult-oriented facility or activity, except upon application to
and approval by the Zoning Hearing Board of such change as a special
exception.
J.
Not more than one adult-oriented facility or activity shall be permitted
within any one building or lot.
K.
No unlawful sexual activity or conduct shall be performed or permitted.
In the NR and RR Districts and subject to the requirements of
the district in which located except as herein modified and provided:
A.
If only small animals are to be treated (dogs, cats, birds, and the
like), such hospital or office shall have a minimum lot area of one
acre unless outdoor kennels are provided, in which case the minimum
lot area shall be increased to three acres.
B.
If large animals are to be treated (cows, horses, pigs, and the like),
such hospital or office shall have a minimum lot area of five acres.
In the CB District and subject to the requirements of that district
except as herein modified and provided:
A.
Fuel pumps may be located within the front yard but shall be at least
15 feet from any street line. All fuel or oil tanks shall be located
in accordance with laws of the commonwealth, but in no case shall
any aboveground tank be located in any required yard area.
B.
For automobile, recreational vehicle, or trailer sales, the lot must
be improved with a building.
C.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
D.
The demolition or junking of vehicles is prohibited.
E.
All vehicles shall be repaired and removed from the premises within
a six-week period.
F.
All exterior vehicle storage areas shall be screened from adjoining
residentially zoned properties or residential uses.
G.
Buildings housing automotive garages shall be of a traditional architectural
design with no inherent right to incorporate commercial trademarks
into such design.
In the CB and LI Districts and subject to the requirements of
the district in which located except as herein modified and provided:
A.
All activities except those required to be performed at the fuel
pumps or other dispensing devices, and minor mechanical adjustments
(such as spark plug replacement and minor carburetor adjustments)
shall be performed within a completely enclosed building.
B.
Fuel pumps may be located within the front yard but shall be at least
15 feet from any street line. All fuel or oil tanks shall be located
in accordance with laws of the commonwealth, but in no case shall
aboveground tanks be located in any required yard area.
C.
All automobile parts, dismantled vehicles and similar articles shall
be stored within a building.
D.
Buildings housing automotive garages shall be of a traditional architectural
design with no inherent right to incorporate commercial trademarks
into such design.
In the TN and CB Districts and subject to the requirements of
the district in which located except as herein modified and provided:
A.
No more than 10 guests shall be lodged at any one time;
B.
Breakfast shall be the only meal provided and it shall be served
to overnight guests only;
C.
The remainder of the dwelling, other than the designated guest rooms,
shall be used solely by the family in permanent residence;
D.
Off-street parking shall be provided in accordance with § 225-703A(2);
F.
Necessary permits regarding water supply and sanitary waste disposal
shall be obtained and scrupulously complied with;
G.
Individual guest rooms or suites shall include no facilities for
cooking; and
H.
The maximum length of guest stays shall be seven days.
In the NR District and subject to the requirements of that district
except as herein modified and provided:
A.
The proposed campground must comply with the appropriate health,
sanitary, and safety regulations of the Borough and the Commonwealth
of Pennsylvania;
B.
No more than 20 campsites shall be permitted per acre. A parking
space for one automobile shall be provided at each campsite which
will not interfere with the convenient and safe movement of traffic,
or equivalent parking shall be provided in a common area or lot.
C.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings, and open spaces;
D.
Consideration shall be given to potential traffic volumes and problems.
Each campground shall abut and take direct access from a collector
or primary street.
E.
All campgrounds shall be served by a public sanitary sewer system
and public water.
F.
All campgrounds shall furnish centralized garbage collection facilities;
G.
An internal road system shall be provided. The pavement width for the access drive entrance way shall be at least 24 feet as required by § 225-707. The pavement width for internal drives shall be a minimum of 16 feet. All internal drives must be improved to a mud-free condition, passable for vehicles in all types of weather;
H.
Any accessory retail or service commercial uses shall be solely designed and constructed to service the campground's registered guests and their visitors. Any parking spaces provided for such uses shall have vehicular access from the campground's internal road rather than the public street. The parking requirements for such uses shall be those required for the retail stores in § 225-703 of this chapter.
I.
The use must comply with all applicable state and local laws and
regulations.
In any district and subject to the requirements of that district
except as herein modified and provided:
[Amended 7-12-1999 by Ord. No. 1999-4]
In the NR, RR and SF Districts subject to the requirements of
the district in which located except as herein modified and provided:
A.
Cluster developments shall be required in the RR District when any
residential development is proposed on a tract five or more acres
in size, subject to conditional use approval by the New Freedom Borough
Council, and provided each of the following requirements are met:
(1)
The tract of land to be developed shall be five or more acres
in size. Tracts of less than five acres may cluster but are not required
to do so.
(3)
Open space retention.
(a)
At least 1/2 the site proposed for cluster development shall
be set aside as permanent, usable open space. The use of such open
space may be either passive or active, public or private, but must
in any case be appropriately configured to be of value to both the
prospective residents of the site as well as the public at large.
In determining what portions of a given site are appropriate for open
space retention, attention shall be given to the following factors
in descending order of importance:
[1]
First, the land left as open space shall include all sensitive
and significant environmental areas, including but not limited to
streams, wetlands, woods, and hillsides;
[2]
Second, connections to existing or potential open space, parks,
and pedestrian/bike ways shall be considered;
[3]
Third, encroachment upon any collector or primary streets identified
in the New Freedom Borough Comprehensive Plan should be avoided; and
[4]
Fourth, prime agricultural soils should be protected whenever
possible.
(b)
When determining the areas of open space to be retained upon
a given site in a RR District, other portions of such site zoned NR
may also be credited toward such open space retention, provided any
such portion of the site zoned NR is in the same ownership as the
portion of the site zoned RR, and is integral to the site in that
it is not separated by a public road.
(4)
The maximum overall density for a given site shall be determined
by the percentage of the site set aside as open space, according to
the following table:
|
Percentage of Open Space
|
Maximum Density
(dwelling units per acre)
| |
|---|---|---|
|
50 to less than 60
|
1.2
| |
|
60 to less than 70
|
1.4
| |
|
70 to less than 80
|
1.6
| |
|
80 and above
|
1.8
|
(5)
The development shall be served by public water and public sewer.
If public sewer is not available and cannot be provided, the minimum
lot area shall be 40,000 square feet.
(6)
Maximum lot coverage shall not exceed 60% and maximum building
coverage shall not exceed 30%.
In any district and subject to the requirements of that district
except as herein modified and provided:
A.
In NR, SF, and TN Districts, no commercial radio or TV broadcasting
tower shall be permitted.
B.
In NR, RR, SF, and TN Districts no public business office nor any
storage yard or storage building shall be operated in connection with
such use.
C.
A tower shall be set back from all property lines a distance equivalent
to 1/3 its height, except the tower shall be set back from the property
lines of any residential use a distance equivalent to its full height.
[Amended 10-13-1998 by Ord. No. 1998-10; 3-14-2011 by Ord. No. 2011-1]
D.
Housing of all equipment except for antenna and antenna structures
shall be required.
F.
Climbing access to the tower shall be secured from use by unauthorized
persons.
G.
Any exterior lighting shall be directed away from all adjacent properties.
H.
Co-location of telecommunications providers must be considered before
a new tower will be considered for approval.
In the CB District and subject to the requirements of that district
except as herein modified and provided:
In the TN and CB Districts and subject to the requirements of
the district in which located except as herein modified and provided:
A.
The minimum lot area for each existing and proposed dwelling unit
to be located upon a site proposed for conversion apartments shall
be 5,000 square feet;
B.
Each proposed dwelling unit shall contain at least the minimum habitable floor area required by § 225-506;
C.
The yard, building area and other applicable requirements shall not
be reduced thereby;
D.
No structural alterations of the building exterior shall be made
except as may be necessary for the purposes of safety; and
E.
Such conversions shall be authorized generally for large buildings
that have little economic usefulness as single-family detached dwellings
or for other conforming uses (i.e., barns) erected prior to the adoption
of this chapter.
In the TN, CB, and LI Districts and subject to the requirements
of the district in which located except as herein modified and provided:
A.
When located in a TN District, day-care centers must be located on
the same site with a sponsoring institutional or employment use as
an accessory use;
B.
Sixty-five square feet of activity or play area shall be provided
for each person receiving day care; such space may be indoors or out;
C.
Outdoor activity areas shall be sufficiently fenced, screened, and
buffered to protect both the persons cared for and the neighborhood
at large from excessive noise and disturbance; and
D.
Licensing and approval for occupancy must be obtained from the appropriate
commonwealth agency prior to commencing operations, and further, such
license must at all times be kept current.
In the NR, RR, SF, TN, CB Districts and subject to the requirements
of the district in which located except as herein modified and provided:
A.
Not more than six persons, not including the caregiver's children,
shall be provided care at any such facility.
B.
Only a resident of the dwelling shall operate the facility.
C.
Family day-care homes shall have at least 1,500 square feet of habitable
floor area.
D.
One hundred fifty square feet of outdoor activity or play area shall
be provided for each person receiving day care.
E.
Outdoor activity areas shall be sufficiently fenced, screened, and
buffered to protect both the persons cared for and the neighborhood
at large from excessive noise and disturbance.
F.
No overnight care shall be extended or provided.
G.
Day-care operations shall be conducted so as to be clearly incidental
and accessory to the primary use of the property as a residential
dwelling.
H.
The facility shall obtain a certificate of registration from the
appropriate commonwealth agency and shall provide a copy of said registration
to the Borough.
In the NR, RR, TN, and CB Districts and subject to the requirements
of the district in which located except as herein modified and provided:
A.
The facility shall obtain a certificate of licensure or approval
from the appropriate commonwealth agency and shall provide a copy
of the certificate to the Borough.
B.
A resident of the dwelling shall operate the facility. At all times
when there are more than six persons at the facility, a minimum of
two caregivers must be present. However, no more than two nonresident
persons may be employed as caregivers.
C.
Group day-care homes shall have at least 1,500 square feet of habitable
floor area.
D.
One hundred fifty square feet of outdoor activity or play area shall
be provided for each person receiving care.
E.
Outdoor activity areas shall be sufficiently screened, buffered,
and fenced to protect both the persons cared for and the neighborhood
at large from excessive noise and disturbance.
F.
Day care operations shall be conducted so as to be clearly incidental
and accessory to the primary use of the property as a residential
dwelling.
A.
Multifamily dwellings. In the TN and CB Districts and subject to
the requirements of the district where located except as herein modified
and provided:
(1)
In the case of a multifamily dwelling where the dwelling units
are located on a single lot and share with other units a common yard
area, e.g., garden apartments, the following requirements shall apply:
(2)
The minimum distance between two detached buildings shall be
50 feet.
(3)
Maximum building coverage of 30% of the lot area.
(4)
Maximum lot coverage of 60% of the lot area.
(5)
A portion of the total lot area equal to 0.15 times the habitable
floor area shall be assigned and developed for active recreational
usage. Any space designated for recreation shall be suitably improved
and equipped by the developer and subsequently maintained by the owner.
(6)
No multifamily building or group of attached buildings shall
have a single facade that has a length-to-height ratio greater than
5:1.
[Amended 10-13-1998 by Ord. No. 1998-10]
(7)
In the Central Business District, upon lots containing a gross
site area of two acres or more, residential uses shall meet the following
additional requirements:
(a)
Residential uses shall be proposed only as an integral part
of a site plan for the entire site;
(b)
A maximum of 30% of the total parcel area proposed as part of
a land development plan may be residential; and
(c)
The construction of residential dwelling units shall be submitted
by the developer according to a schedule as part of the conditional
use permit, and agreed to and approved by the Borough Council.
(8)
A minimum side setback of 25 feet shall be provided.
(9)
Provisions for the future maintenance of all common areas, including,
but not limited to, parking and recreation, shall be explicitly provided
with the proposed project.
B.
Single-family attached dwellings. In the RR, SF, TN and CB Districts
and subject to the requirements of the district in which located except
as herein modified and provided:
[Amended 10-13-1998 by Ord. No. 1998-10]
(1)
Single-family attached dwellings are permitted in the RR and
SF Districts only as part of a cluster development.
(2)
Single-family attached dwellings are permitted in the CB District
only as part of an overall land development plan. The following additional
requirements shall apply to lots containing a gross site area of two
acres or more:
(a)
A maximum of 30% of the total parcel area proposed as part of
the land development plan may be residential; and
(b)
The construction of residential dwelling units shall be submitted
by the developer according to a schedule as part of the conditional
use permit, and agreed to and approved by the Borough Council.
(3)
The minimum lot area shall be 2,200 square feet.
(4)
The minimum lot width shall be 22 feet.
(5)
Each single-family attached dwelling shall be sited on a separate
lot, whether intended for sale or not.
(6)
There shall be no more than six units in a single row.
(7)
Side setback requirements are waived along any interior side
lot line of a single-family attached dwelling.
C.
Single-family detached dwellings, including mobile homes. In the
NR and CB Districts and subject to the requirements of the district
in which located except as herein modified and provided:
(1)
When single-family detached dwellings are proposed for location in the NR District, the siting criteria in § 225-303I must be met.
(2)
When single-family detached dwellings are proposed for location in the CB District the requirements of § 225-307J shall also be met.
[Amended 3-4-2011 by Ord.
No. 2011-1]
(3)
Mobile homes shall be subject to the following requirements:
(a)
All applicable regulations for a single-family detached dwelling
are met at standards commensurate for the district involved; mobile
homes shall not be permitted in districts where single-family detached
dwellings are not also permitted;
(b)
One mobile home is permitted on a given lot and such mobile
home shall be unlicensed;
(c)
A permitted mobile home shall meet minimum standards of all
current commonwealth and Borough building, housing, electrical, plumbing,
and other applicable codes;
(d)
The wheels and axles of all mobile homes must be removed and
the home installed upon, and securely fastened to, a frost-free foundation
or footer; in no event shall it be erected upon jacks, loose blocks
or other temporary materials. Minimally, such foundation shall meet
the following specifications:
[1]
A foundation, skirting, ventilation, and utility connections
that meet NCSBCS Standards for Manufactured Home Installations (1987
Edition), published by the National Conference of States on Building
Codes and Standards, Inc., of Herndon, Virginia;
[2]
A space of at least 12 inches between the lowest mainframe member
of the mobile home and the mobile home stand itself, to be enclosed
with skirting to conceal all supports, tie-downs, and utility connections,
and to be provided with both a vapor barrier and adequate ventilation
to reduce moisture; and
[3]
An enclosure of compatible design and material is erected around
the entire base of the mobile home. Such enclosure shall provide sufficient
ventilation to inhibit decay and deterioration of the structure.
(e)
A permit for permanent installation of a mobile home as a single-family
detached dwelling must be accompanied by a written guarantee that
unless replaced immediately by another mobile home, the unit will
not be removed prior to the expiration of a twelve-month period unless
in the opinion of the Zoning Hearing Board an unforeseen emergency
occurs. A mobile home shall not be removed from a lot until a permit
has been issued by the Tax Collector, and such permit shall not be
issued until factual evidence is available indicating that taxes levied
have been paid, and the Zoning Officer is so informed; and
(f)
After removal of the mobile home, the foundation shall be removed
and the site backfilled by the owner to a finished grade established
by the Zoning Officer. In lieu of this, the owner may sell or otherwise
legally transfer the lot to house another mobile home on the same
foundation, provided that such transaction takes place before the
mobile home is moved from the site.
(4)
Group homes are subject to all conditions specific to single-family
detached dwellings noted in this section and elsewhere in this chapter.
D.
Accessory
dwelling units (ADUs). In all zoning districts where residential uses
are permitted and subject to the requirements of the district in which
located except as herein modified and provided:
[Added 3-4-2011 by Ord.
No. 2011-1]
(1)
The
ADU shall be occupied by a maximum of two persons.
(2)
The
applicant shall prove to the Zoning Hearing Board that the accessory
unit has been designed and constructed so that it can easily be reconverted
into part of the principal dwelling unit after the relative or caregiver
no longer resides within the unit. A written plan shall be submitted
showing how the separate unit will be changed to no longer be a separate
unit. The accessory unit may be converted into additional bedrooms,
permitted home occupation area or similar use. A lawful detached garage
may be converted into an ADU and then reconverted to a garage or permitted
home occupation area.
(3)
The
applicant shall establish a legally binding mechanism that will prohibit
the use of the ADU as a separate dwelling unit after the relative
or caregiver no longer resides within the unit. Such mechanism shall
also be binding upon future owners.
(4)
The
owner of the property shall be required to annually renew a permit
for an accessory dwelling unit. Such permit and renewal shall be conditioned
upon the owner certifying that a person related by blood, marriage
or adoption or persons providing care to the owners of the property
are occupying the accessory dwelling unit. The Borough shall have
the authority to inspect the property to verify compliance with the
permit and all relevant Borough ordinances and regulations related
to accessory dwelling units. Inspections shall be conducted during
normal business hours upon 48 hours' written notice. Failure to renew
a permit or schedule an inspection shall be a violation of the New
Freedom Borough Zoning Ordinance.
[Amended 10-21-2013 by Ord. No. 2013-3B]
(5)
One
additional off-street parking space will be required.
In the NR, RR, TN and CB Districts and subject to the requirements
of the district in which the use is located except as herein modified
and provided:
A.
The minimum lot area for outdoor facilities in the TN and CB Districts
shall be one acre (43,560 square feet).
B.
Unless permitted by right in the district where such facility is
proposed, social and fraternal buildings shall be permitted only when
incidental to the primary recreational use of the site in question.
In the TN District and subject to the requirements of that district
except as herein modified and provided:
A.
Common eating facilities shall be provided;
B.
Not more than 20 boarders shall be provided for upon any lot or in
any single building;
C.
Minimum periods of residency for all boarders shall be one week;
D.
Such use shall be accessory to, and located on the same lot with,
a parent agricultural, religious, educational, charitable or philanthropic
institution;
E.
The lot on which such building is located has a lot area, in addition
to other area requirements of this chapter, of not less than 2,000
square feet for each person for whom accommodation is provided therein;
and
F.
Necessary permits for water supply and sanitary waste disposal are
obtained.
In the CB District and subject to the requirements of that district
except as herein modified and provided:
A.
A minimum of 250 square feet of habitable floor area must be provided
for each occupant, including any staff.
B.
A common kitchen and dining facility shall be provided, and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require any kitchen and dining facilities
if an affiliated institution provides them elsewhere.
C.
All halfway houses shall comply with the rules and regulations of
the Pennsylvania Department of Labor and Industry, and all other applicable
building, safety, and fire codes of the federal, state, or local government.
D.
Off-street parking shall be provided for all halfway houses based
upon one parking space for each occupant and employee.
In the LI District and subject to the requirements of that district
except as herein modified and provided:
A.
Access shall be via an arterial or collector street as designated
by the Borough's Comprehensive Plan.
B.
A buffer yard 30 feet wide must be located on the site in all instances
where the site adjoins a residential use or district. The buffer yard
shall be naturally landscaped, have no impervious cover and shall
not be used for building, parking, loading or storage.
C.
Any outdoor storage areas shall be enclosed by a wall or fence and
screened from view of adjoining properties. No materials may be stored
so as to create a public health hazard or a public nuisance.
D.
No toxic or hazardous materials may be stored on any property, except
in compliance with applicable state and federal regulations.
In the NR, RR, SF, TN, and CB Districts and subject to the requirements
of the district in which the use is located except as herein modified
and provided:
A.
The following occupations and professions may be authorized in a
dwelling unit in the above-noted districts: physician, dentist, clergyman,
lawyer, engineer, accountant, architect, teacher, artist, licensed
insurance or real estate agent, seamstress, barber, beautician, and
similar service occupations and professions.
B.
No person other than the resident of the dwelling unit may practice
the occupation. No more than one person shall be employed to provide
secretarial, clerical, or other assistance.
C.
No more than six pupils may receive instruction at a time.
D.
Not more than 30% of the habitable floor area of the dwelling unit
may be devoted to a home occupation or profession.
E.
The character or external appearance of the dwelling unit must be
that of a dwelling. No display of products may be shown so as to be
visible from outside the dwelling. A name plate not larger than two
square feet in area is permitted and may be illuminated only by indirect
lighting.
F.
Garages shall not be considered parking area for home occupations.
Besides the required parking for the dwelling unit, additional parking
is required as follows:
G.
There shall be no stock-in-trade stores nor commodities kept for
sale which are not goods produced on the premises or used in connection
with a permitted home occupation.
In the CB District and subject to the requirements of that district
except as herein modified and provided:
A.
Minimum side setbacks of 15 feet each must be provided.
In the LI District and subject to the requirements of that district
except as herein modified and provided:
A.
All uses permitted in the Borough's Light Industrial District shall
be permitted.
B.
The minimum lot area for the site shall be 10 acres.
C.
The minimum lot width for the site shall be 300 feet. Individual
parcels within the park shall have a lot width of at least 150 feet.
D.
Individual parcels within the park shall have minimum setbacks as
required for other uses within the LI District.
E.
Access shall be via an arterial or collector street as designated
by the Borough Comprehensive Plan. Traffic routes and exits shall
be far enough from houses so that truck noise and vibration shall
be minimized.
In the LI District and subject to the requirements of that district
except as herein modified and provided:
A.
The minimum lot area shall be two acres.
C.
Every junkyard shall be completely enclosed by fencing. The fencing
shall be a minimum of six feet and maximum of eight feet in height.
Fencing shall be of wood or wire construction with a maximum lineal
opening of three inches.
D.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
E.
All federal, state, and local laws shall be satisfied.
In an NR or RR Districts and subject to the requirements of
the district in which located except as herein modified and provided:
A.
Lot area: minimum of three acres.
B.
Setbacks. All animal runs, fenced enclosures, and similar structures
shall comply with minimum setback requirements for animal husbandry
or stables.
C.
All animals must be housed within a screened enclosure except while
exercising.
D.
All outdoor running or activity areas must be enclosed to prevent
the escape of the animals.
E.
Satisfactory evidence must be presented to indicate that adequate
disposal of animal waste will be provided in a manner that will not
create a public health hazard or nuisance.
F.
Kennels shall be in accordance with all applicable state laws, and
the applicant shall furnish proof of compliance upon request from
the Zoning Officer.
In the LI and CB Districts and subject to the requirements of
the district in which located except as herein modified and provided:
A.
Parking for the individual storage units shall be provided by parking/driving
lanes adjacent to the buildings. These lanes shall be at least 20
feet wide where access to storage units is only on one side of the
aisle, and at least 30 feet wide where access to storage units is
on both sides of the aisle.
B.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
C.
The storage of flammable liquids, highly combustible or explosive
materials, or hazardous chemicals is prohibited.
D.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking spaces shall be in addition to any required
parking.
E.
All outdoor lights shall be shielded and designed to direct light
onto the uses established and away from adjacent properties.
F.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. These include, but are not limited
to, fences, walls, plantings, and open spaces.
G.
Mini-storage facilities shall be used solely for the dead storage
of property.
(1)
The following uses are expressly prohibited:
(b)
The servicing, repair or fabrication of any item.
(c)
The operation of power tools or spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(d)
The establishment of a moving and storage business.
(e)
Any use that is noxious because of odors, dust, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all mini-storage
facility rental and/or use contracts shall specially prohibit these
uses.
In the RR District and subject to the requirements of that district
except as herein modified and provided:
A.
Mobile home parks are permitted only as a cluster development and are subject to all the requirements of § 225-409 (Cluster development).
B.
A site area of not less than five acres is required.
D.
All mobile home parks shall be served with public sewer.
E.
Each mobile home shall be placed on an individually designated lot,
whether such lot is intended for sale or rent. Each lot shall be at
least 6,000 square feet in area, have a minimum lot width of 60 feet,
have front and rear yards of not less than 25 feet each and have side
yards of an aggregate of 30 feet, with no single side yard less than
five feet. Such yard shall be measured from the perimeter of the mobile
home stand to the adjacent mobile home lot line.
F.
Each mobile home lot shall be provided with:
(1)
A hard-surfaced mobile home stand not less than 600 square feet
in area;
(2)
A foundation, skirting, ventilation and utility connections
that meet NCSBCS Standards for Manufactured Home Installations (1987
Edition), published by the National Conference of States on Building
Codes and Standards, Inc., of Herndon, VA; and
(3)
A space of at least 12 inches between the lowest mainframe member
of the mobile home and the mobile home stand itself, to be enclosed
with skirting to conceal all supports, tie-downs, and utility connections,
and to be provided with both a vapor barrier and adequate ventilation
to reduce moisture.
G.
Recreation space shall be provided in each mobile home park. Each
such space shall be at least 5,000 square feet in size, and the total
space provided shall be 500 square feet per mobile home lot. Equipping,
maintaining, and managing such space shall be the responsibility of
the owner of such park.
I.
Each mobile home park shall abut and provide direct access to a collector
or primary street. No individual mobile home lot, however, shall take
direct access from such street.
J.
The minimum number of spaces completed and ready for occupancy before
the first occupancy is permitted shall be five. No space shall be
rented except for periods of 30 days or more.
In all districts and subject to the requirements of the district
in which located except as herein modified and provided.
A.
Expansion of the nonconformity shall be confined to the lot on which
it is located on the effective date of this chapter or any amendment
thereto creating the nonconformity.
B.
The total of all such expansion shall not exceed an additional 50%
of the area of those buildings, structures, or land area devoted to
the nonconforming use as they existed on the date on which such buildings,
structures or use first became nonconformities.
C.
Provisions for access drives, off-street parking, and off-street
loading shall be consistent with standards required by this chapter.
D.
Provisions for yards, building height, and building area shall be
consistent with the standards required for permitted uses in the district
in which the nonconformity in question is located.
E.
Appearance shall be harmonious with surrounding properties. This
feature includes, but is not limited to: landscaping, enclosure of
principal and accessory uses, sign control, and maintenance in good
condition of all improvements and open spaces.
F.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings and open spaces.
G.
The expansion shall not create new dimensional nonconformities, or
further increase existing dimensional nonconformities.
[Amended 7-12-1999 by Ord. No. 1999-4]
If a principal use permitted in that district is proposed as
an accessory use to another permitted principal use, permission to
establish such proposed accessory use shall be granted only by special
exception and providing clear demonstration that such use is related
to, supporting of, yet clearly incidental to the principal use.
In the NR, RR, TN, and CB Districts and subject to the requirements
of the district in which located except as herein modified and provided:
A.
All area and bulk regulations of the prevailing zone shall apply.
B.
Such use shall not be conducted primarily as a business enterprise.
C.
Exterior lighting, other than that essential for the safety and convenience
of the users of the premises, shall be prohibited. All exterior lighting
shall be shielded from the view of all surrounding streets and lots.
In the TN District and subject to the requirements of that district
except as herein modified and provided:
In the RR District and subject to the requirements of that district
except as herein modified and provided:
In the TN and CB Districts and subject to the requirements of
the district in which located except as herein modified and provided:
In all districts and subject to the requirements of the district
in which located except as herein modified and provided:
A.
Such facilities are intended to serve primarily residents of New
Freedom Borough.
B.
Pumping stations and treatment plants give due regard to minimizing
the effects of such facilities upon surrounding land uses and upon
the environment.
C.
Front, side, and rear yards shall be provided in accordance with
the regulations of the district in which the building is located.
In all districts and subject to the requirements of the district
in which located except as herein modified and provided:
A.
Except in the CB and LI Districts, no public business office or storage
yards shall be operated in connection with such use.
B.
Storage structures and facilities may be operated in connection with
such use only when such storage facility is essential to service customers
in the district in which it is located.
C.
For water supply booster stations, special exceptions are not required,
and minimum lot size requirements are waived.
D.
A seventy-five-foot buffer yard shall be provided along all property
lines other than transmission or distribution rights-of-way.
E.
Front, side, and rear yards shall be provided in accordance with
the regulations of the district in which the building is located.
In the TN District and subject to the requirements of that district
except as herein modified and provided:
[Added 8-13-2012 by Ord. No. 2012-2]
Urban mixed use is allowed in the Central Business District,
subject to the requirements herein.
A.
Purpose. The purpose of urban mixed use is to allow high-quality
development of a mixture of business, retail, residential, and cultural
uses in a pedestrian-oriented activity center. Urban mixed use is
intended to encourage redevelopment of commercial areas of the Borough
while stimulating reinvestment, generating jobs, increasing housing
options.
B.
General provisions.
(1)
The urban mixed use provisions are voluntary and optional to
the landowner.
(2)
Property located within the Central Business District Zone may
be developed either according to the provisions of the Central Business
District or provisions of the urban mixed use.
(3)
The urban mixed use establishes standards by which the Borough
provides a wider range of land uses and greater land use intensity
in exchange for the landowner's voluntarily accepting and agreeing
to comply with the standards of the urban mixed use. The landowner
must agree to comply with the standards of the urban mixed use in
order to obtain the benefits to be derived from the urban mixed use.
(4)
It is the intent of Borough Council that the design standards
required by the urban mixed use are essential to and inseparably connected
with the creation of the urban mixed-use development and that the
urban mixed-use development would not have been created without all
of the provisions contained herein.
(5)
When the landowner elects to apply the urban mixed use and the
provisions of the urban mixed use conflict with the underlying provisions
of the Zoning Ordinance, the provisions of urban mixed use shall apply.
(8)
Nothing contained herein shall eliminate or modify the requirements
for a building permit, zoning permit, or certificate of occupancy.
C.
Development size.
(1)
The urban mixed-use development shall contain a minimum of 10
acres.
(2)
Subdivision of land within the urban mixed-use development for
the purpose of financial arrangements with building occupants, including
fee simple purchase, leases, and ground leases, is permissible. There
shall be no minimum or maximum lot size established for subdivision
of lots within the urban mixed-use development.
D.
Unified design and management.
E.
Permitted uses.
(1)
Automated teller machine (ATM), when provided as a component
of a building that houses a permitted use designed as a walk-up facility
located within a pedestrian courtyard. A drive-through ATM is prohibited;
(2)
Bed-and-breakfast inn;
(3)
Cultural facility;
(4)
Convenience store, without fuel service;
(8)
Dwelling, including multifamily, single-family attached, single-family
detached, single-family semidetached and two-family dwellings;
(9)
Financial institution, excluding drive-through facility;
(10)
Hotel, motel and similar lodging;
(11)
House of worship and related uses;
(12)
Indoor entertainment/recreation facility;
(13)
Indoor mini-storage facility for the exclusive use of the mixed-use
residents;
(14)
Medical clinic;
(15)
Personal service shop;
(16)
Private club;
(17)
Professional or business office;
(18)
Public use and public utility structure;
(19)
Restaurant, tea room, cafe, tavern, confectionery, bakery, and
similar establishments producing or serving food or beverages, excluding
drive-through for all uses;
(20)
Retail store or shop, excluding adult-related uses;
(21)
Shopping center involving any use permitted within this zone;
(22)
Trade or professional school;
(23)
Veterinary office, provided there are no outdoor kennels; and
(24)
Accessory uses customarily incidental to the above permitted
uses. Such uses include, but are not limited to, clubhouse and other
amenities for the sole use of the residents of the urban mixed-use
development, real estate sales/rental/management office for the urban
mixed-use development.
F.
Prohibited uses.
(1)
Adult uses, cabarets, massage parlors, and tattoo establishments;
(2)
Drive-through facility;
(3)
Kennel and outdoor keeping of animals;
(4)
On-site dry-cleaning or laundry plants; and
(5)
Sales, service, repair garages and filling stations for automotive,
boat, recreational vehicle and truck dealerships and similar vehicles.
G.
Floor area ratio.
(1)
The maximum gross floor area ratio shall be 70%.
(2)
The maximum residential floor area ratio shall be 65%.
(3)
The following areas are exempt from floor area ratio calculation:
(a)
Street kiosks and vendors;
(b)
Floor area located below grade;
(c)
Floor area used for enclosed off-street parking when exclusively
for use by residents of the urban mixed-use development; and
(d)
Floor area located on the rooftop of a structure when used for
rooftop recreational space, mechanical equipment, stair and elevator
penthouses, communication equipment and antennas.
I.
Building setback and separation.
(1)
Building setback and building separation are exclusively subject
to applicable building and fire protection codes.
(2)
Proposed buildings that are situated adjacent to an existing
principal building shall be set back from the street right-of-way
a distance that is equal to the existing building or screened from
the existing building.
J.
Building orientation.
(1)
When possible, buildings shall be sited to form a progression
of grid-blocks to create a town streetscape.
(2)
Individual building footprints, at ground level, shall not exceed
25,000 square feet.
(3)
Gateway structures may be utilized to identify entrances to
the urban mixed use. The gateway structure may extend over streets,
service lanes, and/or access roads. Gateway structures may also be
utilized as focal points at the terminus of streets and pedestrian
corridors.
(4)
Freestanding exterior vending machines may be provided in conjunction
with a commercial use, provided the vending machine is contained within
architecturally integrated enclosures that are attached to, and are
a part of, a commercial building. Vending machine enclosures shall
shield machines from view from the rear and sides. Vending machine
enclosures shall not exceed 75 square feet in interior size, and no
more than two such enclosures shall be permitted in the urban mixed
use. Vending machines shall be controlled solely by the management
company or the owner of the principal use where the vending machine
is located.
(5)
Areas located between commercial buildings shall provide site
amenities and/or site features (e.g., fountains, sculptures, kiosks,
merchandise/vendor carts, landscape plantings) to create a focal point
or aesthetic accent.
(6)
The urban mixed-use master plan may illustrate future commercial
establishments. Floor area associated with future buildings shall
be attributable to total floor area coverage and impervious coverage.
Required amenities associated with future buildings are not required
to be constructed until such time as a building permit is secured
for the future building. Off-street parking may be located temporarily
where future buildings are proposed, provided that off-street parking
shall be relocated and accommodated on site along with the additional
off-street parking required by the future buildings at the time of
building permit submission and approval.
K.
Architectural and aesthetic requirements.
(1)
Architectural facades shall be compatible with the historic
character of the Central Business District.
(2)
Building facades which include corporate identity, exclusive
of signage, shall incorporate the corporate identity into the overall
architecture of the building.
(3)
Rooftop service equipment shall be screened from ground view
through architectural treatments to rooflines and/or facades. Roof
features may include parapets, overhanging eaves, or sloping roofs.
(4)
Awnings, canopies, and porches may be incorporated into building
facades. Awnings and canopies shall extend no less than two feet nor
more than 12 feet from the facade of the building. Ground-floor awnings
and canopies shall not exceed a height of 15 feet above the ground
surface.
(5)
Existing buildings with nonconforming architecture may be retained
as nonconformity structures.
M.
Vehicular circulation. Whenever feasible, the vehicle circulation
patterns shall be coordinated between various uses.
N.
Parking requirements.
(1)
The following minimum number of parking spaces shall be provided:
|
Use
|
Minimum Parking Spaces
| |
|---|---|---|
|
Automated teller machine (ATM)
|
None
| |
|
Bed-and-breakfast inn
|
1 per each room available for rent, in addition to those required
for the dwelling
| |
|
Cultural facility
|
0.25 per person based on maximum building capacity
| |
|
Convenience store
|
5 per 1,000 square feet of gross floor area
| |
|
Day-care center, day-care home (family), and day-care home (group)
|
1 per employee, plus three dropoff spaces
| |
|
Dwelling, including multifamily, single-family attached, single-family
detached, single-family semidetached and two-family dwellings
|
1.9 per dwelling
| |
|
Financial institution
|
5 per 1,000 square feet of gross floor area
| |
|
Hotel, motel and similar lodging
|
1.06 per guest sleeping room, plus 10 per 1,000 square feet
of gross floor area for lounge/restaurant/conference/banquet room
| |
|
House of worship and related uses
|
0.25 per person based on the maximum building capacity
| |
|
Indoor entertainment/recreation facility
|
0.25 per person based on the maximum building capacity
| |
|
Indoor mini-storage facility for the exclusive use of the mixed-use
residents
|
None
| |
|
Medical clinic
|
4.6 per 1,000 square feet of gross floor area
| |
|
Personal service shop
|
4.6 per 1,000 square feet of gross floor area
| |
|
Private club
|
0.25 per person based on the maximum building capacity
| |
|
Professional or business office
|
5 per 1,000 square feet of gross floor area
| |
|
Public use and public utility structure
|
1 per vehicle normally required to service facility
| |
|
Restaurant, tea room, cafe, tavern, confectionery, bakery, and
similar establishments producing or serving food or beverages
|
5 per 1,000 square feet of gross floor area
| |
|
Retail store or shop
|
5 per 1,000 square feet of gross floor area
| |
|
Shopping center
|
4 per 1,000 square feet of gross floor area
| |
|
Trade or professional school
|
1 space for each 40 square feet of classroom floor area, plus
1 space for each 300 square feet of office floor area
| |
|
Veterinary offices
|
5 per 1,000 square feet of gross floor area
| |
|
Clubhouse and other amenities for the sole use of the residents
of the urban mixed-use development
|
None
|
(2)
Off-street parking requirements stated in § 225-437N(1) may be reduced by Borough Council approval of a conditional use subject to § 225-437T and the following:
(a)
Submission of a parking study that proves to the satisfaction
of Borough Council that the granting of the conditional use will not
adversely affect parking availability in the immediate neighborhood.
The person who conducted the parking study shall be present at the
conditional use hearing to testify that the study is accurate.
(b)
On-street parking.
[1]
Where on-street parking is to be considered, the parking study
shall include a neighborhood parking analysis of the area within 500
feet of the property and include:
[a]
The number of available off-street and on-street
parking spaces within the study area during at least three different
times of the day and week, including the peak time(s) of the proposed
use and excluding days when streets are posted for cleaning or special
events. For computing the number of available on-street parking spaces,
a stall length of 21 feet shall be used and setbacks of five feet
from driveways/alleys and 25 feet from intersections shall be utilized.
Areas restricted due to bus stops, fire hydrants, load zones, etc.,
shall not be counted as available on-street parking.
[b]
Number of existing units within the study area
which generate a parking demand and the level of demand.
[c]
Anticipated parking impacts due to the proposed
use.
[d]
Projects, developments or other factors which may
have an impact on future availability of on-street parking and the
projected impacts.
[e]
Plotting of the proposed parking that is included
in the study.
[2]
Borough Council reserves the right to reduce the extent of the
parking study.
(c)
Where shared parking is to be considered, the request shall
include:
[1]
A reciprocal written agreement, executed by all the parties,
that assures the perpetual joint use of such common parking.
[2]
A parking study with all information deemed necessary to its
decisionmaking on a shared parking arrangement. This information includes,
but is not limited to:
[a]
Type and hours of operation and parking demand
for each use.
[b]
Site plan displaying shared use spaces in the lot
and walking distance to the uses sharing the lot.
[c]
Description of the character of land use and parking
patterns of adjacent land uses.
[d]
Estimate of anticipated turnover in parking space
use over the course of 12 to 24 hours at the site.
(d)
Where shared parking is to be considered:
[1]
Parking spaces to be shared must not be reserved for individuals
or groups on a twenty-four-hour basis.
[2]
Uses sharing a parking facility do not need to be contained
on the same lot, but each use shall be a maximum of 500 feet from
the use.
[3]
Pedestrian access to the parking facility shall be safe and
convenient, including well-marked pedestrian crossings, signage, and
adequate lighting.
[4]
The discontinuation of a shared parking arrangement constitutes
a violation of zoning regulations for any use approved with shared
parking. The applicant must then provide written notification of the
change to the Zoning Official and, within 60 days of that notice,
provide a remedy satisfactory to the Borough to provide adequate parking.
(4)
Parking spaces for handicapped persons shall be provided in
accordance with ADA laws and regulations.
(5)
Travel lanes between rows of parking spaces and loading areas
shall have the minimum widths indicated in the following table:
|
Angle of Parking
(degrees)
|
Travel Lane - One-Way
(feet)
|
Travel Lane - Two-Way
(feet)
| |
|---|---|---|---|
|
90
|
20
|
20
| |
|
60
|
14 1/2
|
20
| |
|
45
|
13
|
18
| |
|
Parallel
|
11
|
22
|
(6)
Interior travel lanes with no parking shall be at least 11 feet
wide for single-direction travel and 20 feet wide for two lanes of
travel.
(7)
All dead-end parking lots shall be designed to provide sufficient
backup area for all end spaces.
O.
Loading requirements.
(1)
The loading areas shall not encroach into vehicle or pedestrian
circulation areas, and the number of loading areas provided shall
be based on the typical demand of the land use.
(2)
The loading areas shall be connected to a street by means of
an access drive. The access drive shall be at least 24 feet wide for
two-way travel or 15 feet wide for one-way travel, exclusive of any
parts of the curb and gutters.
(3)
The loading areas shall not encroach into vehicle or pedestrian
circulation areas, and the number of loading areas provided shall
be based on the typical demand of the land use.
(5)
Parking spaces for handicapped persons shall be provided in
accordance with ADA laws and regulations.
(6)
Travel lanes between rows of parking spaces and loading areas
shall have the minimum widths indicated in the following table:
|
Angle of Parking
(degrees)
|
Travel Lane - One-Way
(feet)
|
Travel Lane - Two-Way
(feet)
| |
|---|---|---|---|
|
90
|
20
|
20
| |
|
60
|
14 1/2
|
20
| |
|
45
|
13
|
18
| |
|
Parallel
|
11
|
22
|
(7)
Interior travel lanes with no parking shall be at least 11 feet
wide for single-direction travel and 20 feet wide for two lanes of
travel.
(8)
All dead-end parking lots shall be designed to provide sufficient
backup area for all end spaces.
P.
Landscaping requirements.
(1)
Landscaping shall be arranged to provide visual interest, define
outdoor pedestrian-oriented spaces, complement the proposed architectural
style, and achieve other functional and aesthetic elements within
the urban mixed use. Ground cover alone is not sufficient landscaping.
Trees, shrubs or other approved material shall be provided. At least
one shade tree shall be provided for each 800 square feet, or fraction,
of landscape area.
(2)
A ten-foot-wide landscape strip shall be provided along the
urban mixed-use perimeter boundary. Such landscape strip shall comply
with the applicable requirements of this section.
(3)
Surface parking lots that contain 20 or more parking spaces
shall provide a parking lot landscape planting area of four square
feet per parking space to be evenly distributed throughout the parking
lot. When the required amount of dispersed landscape islands' plantings
encumber the parking lot and traffic circulation functions, up to
50% of the required landscape planting area may be consolidated plantings
of large stands of trees to break up the scale of the parking lot,
enhance an entrance, or enhance the perimeter of the parking lot.
(4)
Street trees shall be provided along all streets and access
drives at a ratio of one tree per 50 linear feet. Up to 20% of required
street trees may be planted within adjoining pedestrian-oriented spaces
or corridors.
(5)
Plantings shall be typical of their species and variety, have
normal growth habits, well-developed branches, be densely foliated,
vigorous, have fibrous root systems and shall be free from disease,
insects, insect eggs, and larvae. Plantings shall be selected from
stock that was grown under climatic conditions similar to the locality
of the property. All planting shall be performed in conformance with
good nursery and landscape practices. Plantings shall be properly
maintained and replaced if dead.
(6)
Type 1 shade trees shall have a minimum trunk caliper of 1 1/2
inches at a height of six inches above finished grade, a minimum average
height of 10 feet and have a clear trunk at least five feet above
finished grade.
(7)
Type 2 shade trees shall conform to the trunk caliper of the
Type 1 shade tree and not be less than 2/3 the height of the Type
1 shade tree.
(8)
Type 3 shade trees shall have a minimum trunk caliper of 9/16
inch at a height of six inches above finished grade, a minimum average
height of four feet and have five or more branches.
(9)
Coniferous evergreen trees shall be a minimum height of six
feet with a height-to-spread ratio of no less than five to one.
(10)
Shrubs shall be a minimum diameter of 24 inches at maturity.
(11)
Any tree or shrub which dies shall be replaced. All landscaping
and screening treatments shall be properly maintained. Landscape materials
that die or are damaged shall be replaced within 30 days, season permitting.
(12)
Requirements for the measurements, branching, grading, quality,
balling, and burlapping of trees shall follow the code standards recommended
by the American Association of Nurserymen, Inc., in the American Standard
for Nursery Stock, ANSI Z60.1-2004, as amended.
(13)
Curbing shall be provided in parking areas to insure a no greater
than two-and-one-half-foot overhang into the interior landscaped area.
Curbing may be modified to accommodate surface water runoff facilities.
Q.
Trash/recycling dumpsters. Trash/recycling dumpsters shall be screened
from street view with dense landscaping and/or architectural treatments.
R.
Exterior lighting.
(1)
The exterior lighting plan shall conform to the recommended
luminance level guidelines and uniformity ratios established by the
Illumination Engineering Society of North America (IESNA) in the most
current IESNA Recommended Practice or Design Guide.
(2)
Direct and reflected glare and excess site brightness shall
be minimized.
(3)
The maximum horizontal luminance at grade and the maximum vertical
luminance at five feet above grade shall not exceed IESNA-recommended
practice for light trespass.
(4)
Light fixtures shall be of similar likeness, style and character
throughout the urban mixed use.
S.
Modification of standards.
(1)
Borough Council may permit the modification of the design standards, and other requirements of § 225-437, by conditional use approval in order to encourage the use of innovative design.
(2)
An applicant desiring to obtain a modification of standards
shall, when submitting an application for approval of a development
within the zone, submit an application for such conditional use approval.
Borough Council shall consider both requests simultaneously. Any modification
shall be subject to the conditional use criteria and a demonstration
that the modifications will better serve the intended purpose of this
zone.
T.
Conditional use standards. The conditional use application for the urban mixed use is subject to the following and not subject to § 225-1005 of the Zoning Ordinance. The applicant shall contact the Borough office to determine the time schedule for application and number of copies for submission and other administrative information.
(1)
Filing of conditional use. The conditional use application shall
include the following information:
(a)
Site plan. The site plan shall be drawn at a legible scale and
include the following:
[1]
Project name or identifying title.
[2]
Name and address of the tract owner and applicant.
[3]
Location map, drawn to scale, relating the tract to existing
streets and municipal boundaries within 1,000 feet of the property.
[4]
The entire development tract boundary with bearing and distances.
[5]
Names of all immediately adjacent landowners, and recorded plan
name and record book numbers.
[6]
North point, graphic scale, written scale, and date.
[7]
Site data, including:
[a]
Total acreage of the development tract;
[b]
Proposed total gross floor area of commercial use(s);
[c]
Proposed total gross floor area ratio, residential
floor area ratio, impervious cover, number of proposed dwellings and
total density for residential use;
[d]
Proposed acreage and percentage of green space;
[e]
Total number of proposed on-street and off-street
parking spaces;
[f]
Total number of proposed lots; and
[g]
General description of all proposed land uses.
[8]
Landmarks within the tract, including the location of all existing
streets, buildings, easements, rights-of-way, sanitary sewers, water
mains, storm drainage structures, and watercourses.
[9]
All existing land uses and lot lines within 200 feet of the
proposed development, including the location of all public and private
streets, access drives, drives or lanes, railroads, historic sites,
and other significant natural or man-made features, only to the extent
such information is available from the York County GIS data.
[10]
Existing topographic information at one-foot contour
intervals for a slope up to 3%; two-foot contour intervals for a slope
over 3% to 20%; and five-foot contour intervals for slopes over 20%.
County GIS topography can be utilized to show existing contours.
[11]
Proposed lot configurations.
[12]
Location of proposed commercial building pad sites,
floor area, and general description of use, including proposed multiple-story
buildings.
[13]
Location and number of each proposed residential
unit, including proposed multiple-story buildings.
[14]
Proposed interior street alignments, including
lane widths and traffic-calming devices.
[15]
Proposed on-street and off-street parking space
configurations.
[16]
Proposed location and design of pedestrian circulation
system.
[17]
Proposed location of freestanding signs and known
building signs.
[18]
Conceptual stormwater management design.
[19]
Proposed landscape screening and buffering plan,
including a conceptual depiction of the proposed streetscape, landscaped
areas and lighting.
[20]
Phasing plan, if applicable.
(b)
Reports. The following conceptual reports shall be submitted:
[1]
A description of how the applicant proposes to provide for an
integrated development.
[3]
A description of the building architectural design criteria,
including conceptual graphic architectural elevations.
[4]
A description of signage design criteria.
[6]
A description of the impact generated by the development on
Borough services and facilities, such as schools, fire protection,
police protection, ambulance/rescue service, water supply, and sewage
disposal.
(2)
Conditions. In granting a conditional use, Borough Council may
attach such reasonable conditions and safeguards, in addition to those
expressed in the Zoning Ordinance, as it may deem necessary to implement
the purposes of the Zoning Ordinance.
(4)
Time limitations. A developer's agreement with the Borough shall
set forth the time period within which applications under the Subdivision
and Land Development Ordinance[4] shall be submitted and necessary permits shall be secured.
The first phase shall be submitted within 60 months of the date of
conditional use approval. The final phase shall be submitted within
15 years from the submission of the first phase. Borough Council may
extend the period for additional five-year periods upon request of
the developer.
(5)
Vested rights. See Sections 508(4) and 917 of the Pennsylvania
Municipalities Planning Code, which provide an applicant with protection
during certain time periods against changes to Borough ordinances
that would adversely affect an approved development. For a urban mixed-use
development that is granted conditional use approval, the five-year
time limit for such protection of Section 508(4)(ii) and (iii) shall
be extended to a maximum of 15 years from the date of the preliminary
plan approval, and the six-month time limit for such protection of
Section 917 shall be extended to a maximum of 60 months, from the
date of the preliminary plan approval.
