Applications submitted pursuant to this chapter shall be handled
in accordance with the procedures set forth below:
A. Location and form of filing. Applications shall be filed at the Township
Municipal Building, 3599 Millers Run Road, Cecil, Pennsylvania 15321,
on forms supplied by the Township for that purpose, in such duplicate
numbers as required herein for each application type, and accompanied
by the requisite filing fee for the type of application filed, as
set forth in the Township fee schedule adopted and amended, from time
to time, by the Board of Supervisors.
B. Filing deadlines.
(1) Applications requiring public hearings and meetings.
(a)
An application requiring a public hearing or meeting will not
be scheduled for such hearing or meeting unless filed in proper form
and number and containing appropriate fees and all required information,
according to the following schedule:
|
Hearing/
Meeting Body
|
Procedure
|
Minimum Number of Days Prior to Hearing/Meeting by Which
Application Must Be Filed
|
---|
|
Board of Supervisors
|
Rezoning, ordinance amendment
|
30
|
|
Board of Supervisors
|
Conditional use
|
30
|
|
Board of Supervisors
|
Modification for PRD
|
21
|
|
Zoning Hearing Board
|
Variance, special exception, temporary use, appeal
|
21
|
(b)
Applications will be placed on the respective agenda on a first-filed-first-scheduled
basis. All public hearings and meetings to consider applications filed
pursuant to this chapter shall be scheduled, unless otherwise ordered
by the relevant body, at the same time as the regular meetings of
such body.
(2) Applications not requiring public hearings and meetings. Applications
not requiring a public hearing or meeting (building permits, road
encroachment permits, etc.) shall be filed and processed on a first-filed-first-processed
basis.
(3) Late submittal of supporting documentation. Whenever supplemental
data in connection with a previously filed application is required
by the Township or offered by the applicant, it shall be submitted
at least 15 days prior to the date on which it is to be considered
at a hearing or meeting. The filing of such data shall, in the discretion
of the body reviewing the application, be cause to delay a requested
hearing or meeting.
(4) Waiving deadlines. Deadlines may be waived due to emergency, unique
or unforeseen circumstances, at the discretion of the body reviewing
the application.
[Amended by Ord. No. 3-2006]
A. Purpose. Conditional uses are those uses that, because of their potential
adverse impact upon the immediate neighborhood and the Township as
a whole, require a greater degree of scrutiny of site characteristics
and impacts to determine their suitability in a given location. As
such, the determination of conditional uses as appropriate shall be
contingent upon their meeting a set of specific standards, below,
and the weighing, in each case, of the public need and benefit against
the local impact, giving consideration to the proposals of the applicant
for mitigating adverse impacts through special site planning, development
techniques, and contributions to the provision of public improvements,
rights-of-way and services. The Board of Supervisors has the opportunity
to impose any reasonable safeguards necessary to implement the intent
of this chapter and shall present the application for review and recommendation
by the Planning Commission before holding a public hearing on the
matter.
B. Submission requirements for conditional use applications. The following
material must accompany each application for conditional use:
(1) Twelve copies of a vicinity map prepared by an engineer, surveyor
or other competent party, showing all lots and streets in the area
and within the surrounding one-quarter-mile radius.
(2) Twelve copies of a site plan of the property, showing the following:
(a)
Location and size of all existing and proposed structures;
(b)
Location and dimensions of building lines, right-of-way lines,
setbacks and easements;
(c)
Elevation contours sufficient to determine existing and proposed
drainage;
(d)
Layout of drives and other traffic features on opposite side
of street and adjacent properties;
(e)
Location of septic facilities and sanitary sewer lines;
(f)
Location of parking and loading areas, open space, existing
and proposed landscaping, refuse and service areas, and signs.
(3) A complete list of all property owners within 300 feet of the exterior
limits of the subject property, indicating name, address, city, state,
and zip code and proof that applicant provided notification by certified
mail of its intent to seek conditional use approval to said property
owners.
[Amended 6-6-2016 by Ord. No. 5-2016]
(4) An application signed by all registered owners of the property or,
if application is made by an agent other than an attorney, a written
power of attorney must be included.
(5) The required escrow, if applicable, as well as the application fee
as set forth in the Township fee schedule, as may be revised.
[Amended 10-2-2023 by Ord. No. 4-2023]
(6) A narrative statement describing the proposed conditional use, including
an evaluation of the effects of such elements as noise, glare, odor,
fumes, vibration and generated traffic upon adjoining property, and
the relationship of the proposed use to the Comprehensive Plan.
C. Additional criteria for a traditional neighborhood design (TND) development
in a Special Development (SD) District.
(1) Supplementary plan submission requirements in addition to Subsection
B above:
(a)
Twelve copies of a conceptual plan with proposed features and
existing site features and uses that will remain. These features should
include but are not limited to building outlines, streets and alleys,
transit stops, drives and parking areas, pedestrian and bicycle paths,
parks or other public amenities, method of trash removal, proposed
utilities service, landscape and buffering, and/or any other information
deemed necessary by the Township for evaluation.
(b)
Identification of architectural style of the traditional neighborhood
development and accompanying site design styles. The design style
of the TND shall be conveyed with drawings of typical proposed building
elevations, including dimensions of building height and width, and
facade treatment.
(c)
A conceptual report of the proposed covenants and agreements
regarding the build-out of the development. The report should describe
the development objectives and strategies along with supporting information
on pre and post construction.
(d)
A copy of the proposed draft of the covenants, agreements, responsibilities
and the like which will be conveyed to the homeowners' association
upon completion of the development.
(e)
A traffic impact study may be required if the proposed development
is outside of or was not included as part of the original special
development (SD) district design and traffic study. The traffic study
should include an analysis of background conditions and projected
conditions. Estimated trips to be produced or attracted by the proposed
land use and any corrective measures to be taken, if applicable.
(f)
If the application for conditional use approval contains all the information required by §
210-11 of the Subdivision and Land Development chapter for approval of a preliminary plan (major subdivision or land development), conditional use approval and preliminary approval of a subdivision or land development may be considered simultaneously. If all requirements of §
210-11 of the Subdivision and Land Development chapter for preliminary approval have not been met at the time of application for conditional use approval, conditional use approval shall be subject to submission of applications for preliminary approval and final approval of a major subdivision or land development that demonstrates compliance with the plan granted conditional use approval and all conditions attached thereto.
(2) A TND shall propose a mixture of at least four distinct dwelling
types: single-family, two-family (duplex), townhouses (or row), and
multiple-family residential units, then the following standards shall
apply to and be incorporated in order to facilitate the development
of a traditional neighborhood design (or "TND"):
(a)
Single-family homes are described as traditional style and patio
style units. Duplex units are described as two-family attached and
are considered as two units. Townhouses and row houses are described
as a multifamily residential dwelling no more than three stories in
height which contain at least three or more single-family attached
dwelling units, each of which are separated from the adjoining unit
or units by a continuous, vertical wall extending from the foundation
to the roof, with open space on at least two sides.
[1]
Buildings shall be oriented with the main body of the structure
and front entrance facing toward the street. Garages of single-family
traditional-style homes shall be located to the rear and accessed
by a lane or alley system. A maximum of 90% of all duplex units shall
be permitted a front entrance garage, provided that the front face
of the garage of the unit utilizing a front-entrance garage is located
a minimum of 18 feet from the front property line. The remaining percentage
of duplex units shall utilize a front-entrance garage with the front
face of the garage located at least 18 feet behind the front of the
main structure. All patio-style units may have a front attached garage
with side entrance, but in no case shall patio-style units have a
garage door facing toward the street. Single-family dwellings shall
make up between 33% to 40% of all residential dwelling units of which
a minimum of 22% shall be traditional style design; in addition, duplex
housing shall make up at least 15% of all units.
[2]
No garage of any unit shall extend past the front face of any
dwelling or principal building, except for patio and duplex units.
[3]
Buildings shall not be oriented to front toward a parking lot.
[4]
Single-family units shall have covered porches with a minimum
depth of six feet. Of the single-family-unit porches, a minimum of
65% shall extend along the entire front face of the building, a minimum
5% shall be incorporated as wrap-around. A maximum of 20% of single-family
units shall be permitted to have porches extending 50% of the front
face, and a maximum 10% may have a covered stoop. A minimum of 50%
of duplex units shall have full-length covered front porches of at
least six foot in depth. A minimum 25% of duplex units shall have
covered porches of at least six feet in depth and 12 feet in length.
The remainder shall have, at minimum, covered stoops.
[5]
The front facade of a building shall face a street or open space
and shall be emphasized through vertical alignment of windows, proportions,
entrance treatments, details and like materials on all sides. The
design of visible exposed side and rear elevations shall be compatible
with the design of the front facade. Unarticulated and windowless
walls are prohibited.
[6]
All buildings shall incorporate special entries, porches, doors
and lighting based on the details, scale and proportion appropriate
to the selected architectural style. Front porches or stoops with
individual entrances with walkway shall be designed to provide direct
access to the public sidewalk. The front door/entrance shall be highly
visible from the street.
[7]
The building elevations of multifamily dwellings, townhouses
or row dwellings shall contain a minimum of three facade features
to provide visual interest. Features considered to add visual interest
include shutters, window boxes, decorative tiles or brick, awnings,
balconies, wainscoting, porches, columns, etc. Other features may
be proposed but must achieve the same intent.
[8]
Building offsets, rooflines and porches shall be varied among
townhouse or row dwelling units. No more than two adjacent dwelling
units in any townhouse or row building shall have the same front wall
plane and shall include a visual structural break in the roofline.
[9]
The exterior of buildings shall be articulated through the use
of columns, cornices and rakes proportioned and detailed consistent
with principles based on traditional architectural styles.
[10] Fences, walls and hedges shall be permitted in
the fronts of residential properties to signal the separation of public
and private space. Fences in front of residential units, located between
the street right-of-way and the front building line, shall not exceed
three feet in height. Fences located on any portion of the lot behind
the front building line shall not exceed six feet. Piers, gateways,
trellises and similar features may have a maximum height of nine feet.
[11] Exterior walls of buildings and structures shall
be constructed with natural materials, including brick, stone, wood
siding; and roofs shall be covered with slate, wood, metal or dimensional
asphalt/fiberglass shingles. Other similar faux materials may be proposed,
provided that they meet or will create the same effect as materials
listed; are proposed for architectural impact as opposed to economy;
and shall be subject to Township approval.
[12] Chimneys shall be of masonry or stone construction
when proposed for any building. If approved as a modification, faux
elements resembling masonry or stone may be used.
[13] Community center.
[a] A community center is required for all developments.
[b] The square footage allocated to a community center
building shall be provided at a rate 15 square feet per dwelling unit
or a minimum of 3,500 square feet, whichever is greater. The building
shall be provided for recreational, social, educational and cultural
activities adding to the quality of life and enjoyment of residents
of the TND and shall be developed as part of the first phase of development.
Subsequent phases shall not be approved until completion of community
centers. A community center shall be turned over to the homeowners'
association upon completion.
[c] Architectural features for the community center
shall relate to the design of the neighborhood residential units and
include varied massing, roof dormers, hips, gables, balconies and
porches to break up the visual massing of the building facade.
[d] On-street parking shall be provided.
[e] Employee or staff off-street parking shall be located
to the rear or side for the structure and be subject to the standards
outlined elsewhere in Cecil Township's land development and zoning
ordinances.
[14] Sidewalks/trails. A pedestrian path system of
sidewalks and walking/biking trails, as approved by the Township,
shall be designed to connect residential areas, commercial areas,
civic buildings, community center, parks and open space. Sidewalks
shall be located on both sides of all streets, except alleys, and
shall be a minimum of five feet in width and located between the edge
of the right-of-way and the dedicated linear tree strip. Crosswalks
shall be provided at each intersection and be not less than 10 feet
in width. Such crosswalks shall be identified from the driving surface
through the use of brick pavers, pressed concrete or other similar
treatment. Painted designations alone are not acceptable. "Yield to
Pedestrians in Crosswalk" signs shall be required at every crosswalk.
Walking/biking trails shall be a minimum of eight feet in width. The
surface, at a minimum, shall be crushed stone aggregate. Trails and
sidewalks shall be completed for each phase of development.
[15] Street trees. All streets shall have street trees
on both sides. Street trees shall be located consistently along streets
to create rhythm and uniformity in the streetscape and shall be planted
a maximum of 30 feet on center, or per a Township-approved landscaping
plan. Street trees shall be located in the five-foot dedicated linear
green space between the curb and sidewalk.
[16] Streetlighting. Light standards for all streets
and off-street parking areas shall be coordinated in the same "lighting
family" to present a consistent character throughout the TND neighborhood.
Further, lighting shall meet the requirements of the Township's land
development and zoning ordinances or per an approved lighting plan.
[17] Common open space and parks. Common open space
and parks are required in all TNDs. Parks shall be designed with pedestrian
connections to include shaded areas, benches, playground equipment,
formal gardens and plantings, and open grass areas to provide opportunities
for unrestricted play. The amount of area required for open space/park
area shall be determined by the size of the development, density,
adjacent similarly usable and accessible areas, and shall be presented
in the form of a plan by the developer, to be reviewed and approved
by the Township, as part of subdivision/site plan approval. At a minimum,
one acre of park area shall be required for one through 100 units;
two acres of park area shall be required for 101 through 199 units;
three acres of park area shall be required for 200 through 299 units;
four acres for units 300 through 399 units, etc. Wetlands, floodplains,
slopes exceeding 5%, and cemeteries shall not count toward the minimum
required acreage for park area. No finished grade of park area shall
exceed a five-percent slope.
[18] Mailboxes. Due to the compact design of the TND,
mailboxes shall be located on the facade of the single-family dwellings,
duplexes and row house or townhouse dwellings (when permitted by the
United States Postal Service) or in common kiosk or covered enclosed
shelters.
[19] All multifamily dwelling units shall have a private
rear-yard patio or upper-floor terrace. Garages associated with multifamily
dwellings shall either be integral to the structure or orientated
to the rear and accessed by a lane or alley system. Outdoor parking
for multifamily buildings shall be located to the rear of the buildings.
[20] Streets shall be interconnected in a pattern that may be in a grid or other pattern that supports the development of a traditional plan with front streets and a lane or alley system. Streets shall have a minimum cartway of 20 feet and an additional minimum of nine feet paved area for parking on each side. Culs-de-sac and cul-de-sac streets are prohibited. Pavement and design specifications shall be according to Article
IV in Chapter
210, Subdivision and Land Development, unless specifically detailed or modified in this TND section.
[21] Alleys or lanes are required to serve all single-family units with rear garages, and they must provide a minimum thirty-three-foot right-of-way and a sixteen-foot cart lane, with same specifications as required for all new Township streets (see Article
IV in Chapter
210, Subdivision and Land Development).
[22] A "Main Street" shall be provided for any TND
with intermixed or adjacent retail/commercial businesses. A minimum
of 250 feet of main street shall have a right-of-way of 70 feet, featuring
a ten-foot-wide landscaped median barrier with paved crosswalks.
[23] On-street parallel parking may be permitted on new streets within the TND, provided that no on-street parking spaces are located in any area necessary to maintain a clear sight triangle at street intersections. A minimum fifty-foot road right-of-way is required for proposed parking on one side of a street. A minimum sixty-foot road right-of-way is required for proposed parking on both sides of the street. A landscaped break shall be included along each side of a street that has parallel parking so as not to have more than eight contiguous parallel parking spaces or 200 feet of contiguous parallel parking spaces. The area of the break shall be the equivalent of one parallel parking space and shall be angled on the ends to accommodate vehicular maneuvering. Streets having single-family dwellings facing each other or single-family dwellings facing duplexes may only have parking on one side of the street. Paved parallel parking spaces shall be nine feet in width, 24 feet in length and shall be designed to the same specifications as required for streets in Article
IV in Chapter
210, Subdivision and Land Development. Curbing shall be concrete on all streets; except alleys and inlets shall direct water per the approved stormwater management plan.
[24] Minimum building separation, area and parking
requirements:
[a] Traditional-style single-family homes:
[i] Minimum lot size.
[A] Width, at the front building line: 42 feet.
[iii] Side yard.
[A] Minimum: 15 feet between buildings.
[B] Minimum: five feet from property line.
[iv] Rear yard.
[A] Minimum: five feet from property line.
[v] Minimum parking requirements.
[A] Three off-street spaces and one on-street.
[B] The garage apron will count as one parallel off-street
space even if part of the apron is in the alley right-of-way, provided
the parking space does not encroach into the cartway and flared ends
are incorporated into the apron for ease of parallel parking.
[b] Patio-style single-family homes:
[i] Minimum lot size.
[A] Width at the front building line: 70 feet.
[iii] Side setback: eight feet.
[v] Minimum parking requirements: four off-street spaces
per dwelling unit.
[c] Duplex-style homes:
[i] Minimum lot size.
[A] Width at the front building line: 114 feet.
[v] Minimum parking requirements: four off-street spaces
per dwelling unit.
[d] Townhouses:
[i] Minimum lot size.
[A] Lot width at the building line may vary.
[v] Minimum parking requirements: four off-street spaces
per dwelling unit.
[e] Multifamily style homes or nonresidential buildings
erected as row buildings along a street:
[ii] Side setback: minimum 15 feet between buildings.
[iii] Rear setback: minimum 18 feet.
[iv] Minimum parking requirements: four off-street
spaces per unit.
[f] Multifamily-style homes designed as apartment-style
living, whether situated along a street or in groups or clusters on
a parcel or parcels, but not specifically oriented to a main street.
[i] Front setback.
[B] Minimum face to face, if not facing street: 75
feet.
[ii] Side setback.
[A] Minimum 25 feet between buildings.
[iii] Rear setback.
[A] Minimum 50 feet between buildings.
[iv] Minimum parking requirements.
[B] Two internal (parking garage integral to dwelling)
and one in parking lot of building.
[25] Typical architectural features, such as bay or
bow windows, gutters, chimneys, windowsills, may encroach a maximum
of four feet into any setback. Uncovered balconies, stoops and above-grade
porches or stoops may encroach a maximum of six feet into the front
setback only, and in no case shall they be closer than five feet to
the front property line. Steps and ramps for accessibility to aboveground
porches or stoops are permitted to encroach further into the front
building line, but in no case shall they be closer than two feet to
the property line. Bump-outs, for interior floor space, where floor
joist and exterior walls are pushed out from the main structure, are
not permitted in any case to protrude over any building setback line.
(3) Common open space land.
(a)
Private common property in the TND is a parcel or parcels of
land, together with the improvements thereon, for use and enjoyment
of which are shared by the owners or occupants of the individual dwelling
units within the TND.
(b)
Where common open space and facilities are proposed, the developer
shall establish a property owners' association(s) in accordance with
the requirements of the Municipalities Planning Code, 53 P.S. § 10101
et seq., and the Uniform Planned Community Act, 68 Pa.C.S.A. § 5101
et seq., and operating under recorded covenants and deeds for the
primary purpose of maintaining the common open space and facilities,
including streets, drives, service and parking areas, utility systems
and networks, recreational and open space land. In addition, passive
common open space shall be deed-restricted or placed within a trust
or conservancy to prohibit future subdivision or development, except
for agricultural, passive recreational, parks, equestrian and existing
cemetery uses which may be permitted with the approval of the Supervisors.
(4) Perimeter buffer easement. A perimeter buffer easement shall be established as provided for in §
240-41B(4).
(5) Modifications. The Supervisors shall consider whether proposed waivers
or modifications in any requirements of this section or the chapter
will make for a more attractive and harmonious planned development.
If such modifications, in the judgment of the Supervisors, constitute
a more beneficial use of the site for the affected/future residents
and the public interest than provided for under the requirements of
this section or chapter or the zoning district in which the site of
the planned development is located, the Supervisors, in their sole
discretion, may grant the modifications as part of the TND approval
process.
(6) Applicability of other provisions. Unless otherwise specifically
stated or modified by the Supervisors, TNDs must comply with all other
related provisions of the Township's land development and zoning ordinances.
D. Required public notice. Decisions on proposed conditional uses shall
not be rendered unless the Township has caused notice of the required
public hearing to be published once each week for two successive weeks
in a newspaper of general circulation within the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication shall not be less
than seven days from the date of the hearing.
E. Hearings on conditional use applications. Before rendering a decision
on a conditional use application, the Board of Supervisors shall hold
a public hearing thereon within 60 days of the date of the applicant's
request for a hearing pursuant to public notice. The application shall
be submitted to the Planning Commission for review and recommendations
prior to the public hearing. Should the Planning Commission not provide
a recommendation, the Board of Supervisors may act without such recommendation.
F. Standards for conditional uses. The Board of Supervisors shall review
the particular facts and circumstances of each proposed conditional
use in terms of the following standards, as well as more specific
development criteria listed in the district proposed for location
of each use, and shall find adequate evidence showing that such use
at the proposed location:
(1) Is in fact listed as a conditional use within the specific zoning
district involved;
(2) Will be harmonious with and in accordance with the general objectives
or with any specific objective of the Township's Comprehensive Plan
and this chapter;
(3) Will be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential
character of the same area;
(4) Will not be hazardous or disturbing to existing neighboring uses;
(5) Will be served adequately by essential facilities and services such
as highways, streets, police and fire protection, drainage structures,
refuse disposal, water and sewer, and schools; or the persons or agencies
responsible for the establishment of the proposed use shall be able
to adequately provide any such services;
(6) Will not create excessive additional requirements at public expense
for public facilities and services and will not be detrimental to
the economic welfare of the community;
(7) Will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors;
(8) Will have vehicular approaches to the property which shall be designed
so as not to create interference with traffic on surrounding public
thoroughfares;
(9) Will not result in the destruction, loss or damage of a natural,
scenic or historic feature of significant importance.
G. Decision. The Board of Supervisors shall render a written decision
on the application within 45 days after the last hearing before the
Board, approving or denying the conditional use. In denying the use,
conclusions based on any provisions of any ordinance, rule or regulation
shall contain a reference to the provision relied upon and the reasons
why the conclusion is deemed appropriate in light of the facts found.
In approving a conditional use, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter. Such conditions shall be expressly set forth in the ordinance
or order granting the conditional use. Violation of such conditions
and safeguards, when made a part of the terms under which the conditional
use is granted, shall be deemed a violation of this chapter. As part
of a conditional use approval, the Board may, with recommendations
from the Planning Commission and the Township Engineer, approve the
final land development plan for the conditional use. Other than approval
of the final land development plan, where applicable, the landowner
shall not claim any approval of the plans or other materials submitted,
nor shall any approval of plans or other materials be implied by the
Board of Supervisors in its approval of the use.
H. Time limitations on conditional uses. A conditional use granted by
the Board of Supervisors automatically expires without written notice
to the applicant if no application for an occupancy permit to commence
a use or no building and/or grading permit to undertake the work described
in the decision granting the conditional use has been submitted within
two years of said decision, unless the Board extends the time period
upon written request of the applicant received prior to its expiration
or unless the Board specifically grants a longer period of time in
its decision. The maximum extension permitted shall be one twelve-month
extension.
[Amended 9-5-2023 by Ord. No. 3-2023]