[Ord. 843, 6/19/2007, § 301]
1. 
For the purpose of this chapter, Huntingdon Borough is hereby divided into the following zoning districts, with the following abbreviations:
R-C
Residential Conservation
R-S
Residential Suburban
R-U
Residential Urban
R-HD
Residential High Density
C-N
Commercial Neighborhood
C-D
Commercial Downtown
C-P
Commercial Professional
I-C
Industrial Commercial District
H
Hospital
CO
College
HD
Historic Overlay District
2. 
For the purposes of this chapter, the zoning districts named in Subsection 1 shall be of the number, size, shape and location shown on the "Official Zoning Map."
3. 
Overlay Districts. The floodplain area, as defined by Part 5, shall serve as an overlay district to the applicable underlying districts.
4. 
Purposes of Each District. In addition to serving the overall purposes and objectives of this chapter and the Comprehensive Plan, each zoning district is intended to serve the following purposes:
A. 
R-C Residential Conservation District. To provide for development with a low average intensity in areas that include significant important natural features, such as wetlands, creeks, flood-prone lands mid steeply sloped areas. To vary density based upon the natural features of the land. To protect the water quality and habitats along creeks and around lakes, and promote groundwater recharge. To provide incentives and a certain amount of flexibility in lot layout through conservation-oriented development so that development can be clustered on the most suitable portions of a tract of land, while avoiding overly intense development.
B. 
R-S Residential Suburban District. To provide for low density residential neighborhoods that are primarily composed of single-family detached dwellings. To protect these areas from incompatible uses.
C. 
R-U Residential Urban District. To provide for medium density residential neighborhoods with a mix of housing types. To protect these areas from incompatible uses. To meet requirements of state law to provide opportunities for various housing types.
D. 
R-HD Residential High Density District. To provide opportunities for a mix of housing types at a higher density. To protect these areas from incompatible uses.
E. 
C-D Commercial Downtown District. To provide business opportunities while seeking to develop a central community focus for the Borough. To promote a pedestrian-friendly and bicycle-friendly environment. To promote an appropriate mix of retail, service, office, public, institutional and residential uses. To avoid heavy commercial uses that are most likely to conflict with the historic and scenic character, and most likely to cause conflicts with homes.
F. 
C-P Commercial Professional District. To provide for offices and low- intensity business uses in locations that are adjacent to residential neighborhoods or that are historic.
G. 
C-N Commercial Neighborhood District. To provide for lighter types of commercial uses that will be compatible with nearby homes.
H. 
I-C Industrial Commercial District. To provide for industrial and certain types of commercial development in a manner that is compatible with any nearby homes and the surrounding environment. To carefully control the types of industrial operations to avoid nuisances and environmental hazards.
I. 
H Hospital District. To provide for a variety of medical and other institutional uses and related uses, such as medical offices.
J. 
CO College District. To provide for a variety of educational uses and residences.
K. 
HD Historic Overlay District. See § 27-312.
[Ord. 843, 6/19/2007, § 302]
1. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
2. 
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
3. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
4. 
Boundary Change. Any territory which may hereafter become part of the Borough through annexation or a boundary adjustment shall be classified as the R-C Zoning District of Huntingdon Borough until or unless such territory is otherwise classified by Borough Council.
[Ord. 843, 6/19/2007, § 303]
1. 
A map entitled "Huntingdon Borough Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Borough building.
2. 
Map Changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
3. 
Replacement Map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Borough Council may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
[Ord. 843, 6/19/2007, § 304]
1. 
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.
D. 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
[Ord. 843, 6/19/2007, § 305]
1. 
Intent. To continue the objective of compatible land uses across municipal boundaries.
2. 
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within Huntingdon Borough regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in Huntingdon Borough.
[Ord. 843, 6/19/2007, § 306]
1. 
For the purposes of this § 27-306, the following abbreviations shall have the following meanings:
P
=
Permitted by right use (zoning decision by Zoning Officer)
SE
=
Special exception use (zoning decision by Zoning Hearing Board)
C
=
Conditional use (zoning decision by Borough Council)
N
=
Not Permitted
(§ 27-402)
=
See Additional Requirements in § 27-402
(§ 27-403)
=
See Additional Requirements in § 27-403
2. 
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 27-106, Subsection 2), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
See § 27-106, Subsection 2, which generally provides a process for approval of a use that is not listed-based upon similarity to permitted uses and other criteria. Except as provided in such § 27-106, Subsection 2, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
For temporary uses, see § 27-104.
For manufacturing uses, the types of uses listed in this section correspond approximately to the categories of the North American Classification System, administered by the US Department of Commerce. In case of question about the categorization, such system shall be consulted.
A. 
Allowed Uses in Primarily Residential Zoning Districts.[1]
[1]
Editor's Note: The Table of Allowed Uses in Primarily Residential Zoning Districts is included as an attachment to this chapter.
B. 
Allowed Uses in Primarily Business Zoning Districts.[2]
[2]
Editor's Note: The Table of Allowed Uses in Primarily Business Zoning Districts is included as an attachment to this chapter.
C. 
Permitted Accessory Uses in All Districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 27-403 and all other requirements of this chapter:
(1) 
Standard antennae, including antennae used by contractors to communicate with their own vehicles[3]
[3]
See standard for each in § 23-403.
(2) 
Fence[4] or wall.[5]
[4]
See standard for each in § 23-403.
[5]
See standard for each in § 23-403.
(3) 
Garage, household.
(4) 
Garage sale.[6]
[6]
See standard for each in § 23-403.
(5) 
Pets, keeping of.[7]
[7]
See standard for each in § 23-403.
(6) 
Parking or loading, off-street, only to serve a use that is permitted in that district.
(7) 
Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
(8) 
Residential accessory structure (see definition in Part 2).[8]
[8]
See standard for each in § 23-403.
(9) 
Signs, as permitted by Part 7.[9]
[9]
See standard for each in § 23-403.
(10) 
Swimming pool, household.[10]
[10]
See standard for each in § 23-403.
(11) 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.
D. 
Permitted Accessory Uses to Business and Institutional Uses. The following are permitted by right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:
(1) 
Storage of fuels for on-site use or to fuel company vehicles.
(2) 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(a) 
Internal cafeteria without drive-through service.
(b) 
Day care center.
(c) 
Recreational facilities.
(3) 
Bus shelters meeting § 27-403.
(4) 
Automatic transaction machine.
(5) 
Storage sheds meeting the requirements of § 27-307, Subsection 1.
[Ord. 843, 6/19/2007, § 307]
1. 
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 27-402 or 27-403 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 27-202.
2. 
Height. Except as provided in § 27-802, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
A. 
Any structure that is accessory to a dwelling on a lot of less than five acres shall have a maximum height of two stories (with the second story limited to non-habitable storage areas) or 25 feet, whichever is more restrictive.
B. 
In the R-HD and CD Districts, a maximum building height of 80 feet shall apply, provided that no portion of a building shall exceed a maximum height of 50 feet if it is within 80 feet of the lot line of an existing principal dwelling in an R-S or R-U District.
C. 
In the CO District, the maximum building height shall be 50 feet, except that the maximum building height may be increased by one foot for each additional foot of setback greater than 50 feet of such building from the lot line of an existing principal dwelling in an R-S or R-U District. For example, if a building would be 70 feet from such lot line, then a seventy-foot maximum building height would be allowed. However, where an existing principal dwelling in an R-S or R-U District is across a street or alley from a CO District, then such additional setback shall be measured from the center line of the street or alley, instead of from such residential lot line. In no case shall any building in the CO District exceed a maximum height of 80 feet under this provision.
D. 
In the H District, a maximum building height of 100 feet shall apply, provided that no portion of a building shall exceed a maximum height of 50 feet if it is within 80 feet of the lot line of an existing principal dwelling in an R-S or R-U District.
E. 
The maximum height for any other structure shall be three stories or 40 feet, whichever is more restrictive.
3. 
Accessory Structures and Uses.
A. 
Accessory structures and uses shall meet the minimum yard setbacks provided for in Subsection 1, unless otherwise provided for in this chapter, including this subsection.
B. 
The minimum side and rear yard setback apply for a permitted detached structure that is accessory to a dwelling shall be five feet, except in the following cases:
(1) 
The minimum side setback shall be reduced to two feet on one side and four feet on a second side for a residential accessory building that does not include a dwelling and that has a total floor area of less than 600 square feet and a maximum height of one story.
(2) 
A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by semidetached dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.
(3) 
A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See Note D above considering front yard setbacks.
(4) 
See § 27-403 for swimming pools.
C. 
No accessory building and no swimming pool shall be allowed in the minimum front yard.
4. 
Rear Yard Abutting a Street. If a new principal building is constructed with its rear lot line abutting a public street, a row of landscaping shall be placed between such street and the rear yard, and any fencing shall be placed on the inside of such landscaping. This requirement shall not apply where the landscaping would interfere with required sight distances or a vehicle driveway or garage.
5. 
Maximum Building Setback. In the R-U, R-HD, C-P and C-D Districts, where a clear majority of the existing principal buildings on the same side of a block are already developed with buildings, and where the Zoning Officer determines that there is a clear predominant front yard setback along such block, then if a new principal building is proposed, the front building wall of such new building shall have a maximum front yard building setback that is not more than five feet larger than such predominant front yard setback. The maximum front yard setback may be met with an attached front porch or a building wall.
[Ord. 843, 6/19/2007, § 308]
1. 
Wetland Studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Borough. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.
2. 
Wetland and Lake Setbacks. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any "wetland" or natural lake or pond.
3. 
Steep Slopes. No principal building shall be constructed or placed on an area with a natural slope of 25% or greater.
4. 
Setback from River/Riparian Areas. No new principal building, no new off-street parking space and no new commercial or industrial outdoor storage shall be allowed within 70 feet from the top of the primary bank of the Juniata River. Where trees and other natural vegetation is removed within this setback, it shall be replaced with new trees and vegetation that serve the same environmental purposes.
5. 
Biological Diversity Area. Site designs should take into account the protection of habitats for rare and endangered species of plants or animals and other areas of important natural biodiversity, as identified in the Huntingdon County Natural Heritage Inventory or the Pennsylvania Natural Diversity Inventory.
[Ord. 843, 6/19/2007, § 309]
1. 
Applicability and Statement of Purpose. A PRD is an optional form of development that is allowed as a conditional use in districts provided in § 27-306. A PRD is intended to serve the purposes listed for a PRD which are provided in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
2. 
Provisions of State Law. All of the applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, that pertain to a PRD are hereby incorporated by reference.
3. 
Submittal and Approval. A tentative PRD plan shall be submitted by the applicant, reviewed by the Planning Commission, and then subject to approval by Borough Council. A final PRD plan shall then be submitted by the applicant, reviewed by the Planning Commission, and then be subject to approval by Borough Council. No sale of lots or construction of buildings shall occur until after an approved final PRD plan has been approved by Borough Council and has been recorded, after the applicant has proven that they have met any conditions on approval.
A. 
The submittal of a sketch plan is strongly encouraged.
B. 
A tentative plan application shall meet all of the same requirements as would apply for the submission of a preliminary plan for a subdivision, except for items that the Borough Council may approve to be deferred to the final plan stage.
C. 
A final plan application shall meet all of the same requirements as would apply for the submission of a final plan for a subdivision.
4. 
Other Requirements. A PRD shall meet all of the requirements of this chapter and Subdivision and Land Development Ordinance [Chapter 22] that are not specifically modified by this section or by state law that pertains to PRDs.
A. 
Any private streets shall meet the same construction requirements as a public street. A maintenance agreement acceptable to the Borough shall be required for any private streets.
5. 
Uses and Dimensional Requirements for a PRD.
A. 
Minimum tract area: five acres.
B. 
Setback of apartment buildings and parking lots of six or more vehicles from lot lines of existing dwellings that are not within the PRD: a minimum of 50 feet.
C. 
The maximum permitted overall density is six dwelling units per acre.
D. 
A PRD shall be limited to include single-family detached dwellings, semidetached dwellings, townhouses, apartments and duplexes. A PRD may also include noncommercial recreation facilities, including publicly owned recreation areas or facilities that are primarily intended to serve residents of the development and their invited guests. A PRD may also include sales and rental offices and maintenance facilities for the development.
(1) 
The individual dwellings shall meet the dimensional requirements that would apply as if the dwellings were in the R-U District.
E. 
Up to 25% of the total land area of a PRD may be used for commercial uses and their related parking. Such commercial uses shall be clustered on one part of the PRD. Such commercial uses shall be limited to the following: retail store, financial institution, restaurant, office, exercise club or personal service business. A PRD shall not include sale of liquid fuel or any adult use. No one establishment shall exceed a building floor area of 10,000 square feet. No drive-through facilities shall be allowed, except for a financial institution.
F. 
The maximum building and impervious coverages shall be regulated based upon the entire PRD after completion. Common open space may be counted when calculating the coverage. The maximum building coverage shall be 40% and the maximum impervious coverage shall be 50%.
G. 
Each dwelling unit may be owned in a condominium ownership, provided the applicant shows that the dwelling unit could have met dimensional requirements if it had been a fee simple lot. For example, if a five-foot side yard is required, then the applicant shall show a ten-foot separation between adjacent buildings.
6. 
PRD; Phased Development.
A. 
Development plans for a PRD may be submitted in phases in accordance with the following:
(1) 
The locations and approximate submittal dates for each phase shall be clearly set forth on the plan submitted for tentative approval. The said phasing plan may be changed at any time prior to the date of any phase by submitting and receiving an approval from the Borough Council on a plan setting forth a new phasing schedule.
(2) 
The phases must be completed consistent with the development phasing plan, as may be revised with approval of Borough Council. The applicant shall prove that each phase will be able to properly function and meet Borough requirements (such as density and open space) if later phases would not be completed.
B. 
Provided the landowner has not defaulted with regard to or violated any of the conditions of the tentative plan approval, including compliance with landowner's aforesaid schedule of submission of final plans, then the protections afforded by substantially completing the improvements depicted upon the final development plan within the said five years shall apply. For any section or sections, in which the required improvements have not been substantially completed within the five-year period, the aforesaid protections shall apply for an additional term or terms of 3 years from the date of final plan approval for each section.
C. 
Failure to Meet Schedule. Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections, shall subject any such sections to any and all changes in this chapter, the subdivision and land development regulations, and any other ordinances or plans enacted by the Borough subsequent to the date of the initial PRD plan submission and no development or further development shall take place on the property included in the development plan until after a PRD would be re-approved.
D. 
At any time, an applicant may in writing abandon their PRD approval for phases which have not begun construction and which are not needed for the proper functioning of the development. In such case, the regulations of the zoning district shall apply without modification by these PRD provisions.
7. 
PRD Modifications. Specific zoning and subdivision and land development regulations that apply to a PRD application may be modified by Borough Council after receiving a written request from the applicant where the applicant proves that an alternative standard would meet the same public objective and would serve the purposes for a PRD as provided in state law. Such modifications shall be limited to street standards, setback requirements, sidewalk and curb standards, and technical engineering requirements.
8. 
Common Open Space. A minimum of 20% of the total land area within a PRD, calculated prior to development, shall be permanently preserved as common open space. The method of ownership and maintenance of the common open space shall be approved by Borough Council as part of the PRD approval. Any later changes to the common open space ownership or use that was not part of the PRD approval shall need Borough Council approval. See the definition of "open space, common" in § 27-202.
A. 
Required common open space shall be preserved through a permanent conservation easement that is enforceable by the Borough. The legal form of the documents concerning the common open space shall be approved by the Borough Solicitor.
B. 
The common open space shall be improved so that it is suitable for its intended use, including the planting of trees and shrubs where existing trees and shrubs will not be maintained.
C. 
Methods for ownership of the common open space shall utilize one of the following: (1) dedication to the Borough for public recreation if the Borough Council agrees in advance to accept it, (2) dedication to a property owners association, with each owner of property within the PRD legally required to annually fund their share of the maintenance of the open space, (3) retention by the owner of a rental housing development, or (4) another suitable method that is specifically approved by Borough Council.
D. 
Borough Council may allow areas in another municipality that are immediately adjacent to the PRD and Huntingdon Borough to be used to meet a portion of the common open space requirement, provided a permanent conservation easement enforceable by the Borough is placed on that land.
[Ord. 843, 6/19/2007, § 310]
1. 
This section provides a density bonus and additional options for a residential development that is age restricted in compliance with the federal requirements for "housing for older persons" as specified in the United States Code. (Note: As of 2006, such provisions were in 42 U.S.C. § 3607).
2. 
In order to be approved by the Borough as a retirement village, every dwelling unit (except units for full-time managers) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: (A) a minimum of one head of household of each dwelling unit shall be age 55 years or older, or more restrictive age limits, or who has significant physical disabilities, and (B) no person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year. The age restriction shall not apply to one dwelling of an on-site manager. Any violation of such age restrictions shall be a violation of this chapter. In addition, in order to be approved as a retirement village, the applicant shall establish an appropriate legal entity, such as a property owner association that has the duty, authority and responsibility to enforce such age restrictions over time.
3. 
Dimensional Requirements. The requirements of the applicable zoning district shall apply except for the following additional requirements:
A. 
Minimum tract area: four acres.
B. 
Setback of nonresidential buildings and parking lots of six or more vehicles from lot lines of existing dwellings that are not within the retirement village: a minimum of 40 feet.
C. 
The maximum permitted overall density is 10 dwelling units per acre, except that the maximum overall density shall be five dwelling units per acre for land within the R-C District. A minimum of 30% of the total lot area within the R-C District shall be preserved in permanent open space. For purposes of this section, any three beds that are not within a dwelling unit shall be calculated as one dwelling unit for the purposes of density.
D. 
A retirement village may include single-family detached dwellings, semidetached dwellings, townhouses, apartments, duplexes, a nursing home, or a personal care/assisted living center. A retirement village may also include noncommercial recreation facilities and dining facilities that are primarily intended to serve residents of the development and their invited guests. A retirement village may also include administrative offices and maintenance facilities for the development, and facilities for support services of residents. A retirement village may also include medical and dental offices, a financial institution and accessory commercial service businesses that primarily serve residents, such as a barber/beauty shop or gift shop. Fuel sales and drive-through facilities shall be prohibited.
E. 
The maximum permitted height is 50 feet, provided that an additional two feet of required building setback from the tract boundaries shall be provided for that portion of building height exceeding 35 feet.
F. 
No more than 30% of the tract shall be covered with impervious surfaces.
[Ord. 843, 6/19/2007, § 311]
1. 
Purposes. To allow flexible development of areas with sensitive natural features in such a way as to: (A) avoid severe soil erosion and sedimentation, (B) avoid severely increased storm water flows and speeds, (C) steer development to those areas that are more physically suited for it, (D) avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain and snow plow, (E) avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice, (F) to conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats and (G) reduce construction costs while (H) allowing each property owner a reasonable use of their land, related directly to the natural features and location and accessibility of the land. In most cases, this option will encourage the preservation of significant areas of preserved open space.
2. 
Applicability. This Part allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves to the satisfaction of the Borough that all of the requirements of this section will be complied with.
A. 
The term "open space development" shall mean a residential development meeting the requirements of this section and which is approved as provided in § 27-306.
(1) 
Uses. An open space development shall only include single-family detached dwellings, nature preserves, Borough-owned recreation, a golf course and their customary permitted accessory uses. A mobile/manufactured home park shall not qualify as an open space development.
B. 
A tract may be eligible for approval for an open space development if it includes a minimum of four acres of land area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks.
(1) 
These provisions are intended to allow flexibility in the placement of individual dwelling units, in order to locate homes away from important natural areas and other community assets.
(2) 
The amount of common open space shall be based upon the total lot area of all lots within the development, prior to subdivision, and prior to deletion of rights-of-way of future streets and before deleting the area of any environmental features.
(a) 
Areas that were preserved by a conservation or agricultural preservation easement prior to the submittal of the subdivision shall not be counted towards the area of the tract in calculating common open space or allowed density.
(3) 
Areas used for a principal nonresidential use (other than uses approved by the Borough to be part of the preserved open space, such as a recreation building) shall not be included within the land area used to calculate residential density.
(4) 
Conservation easements shall be established on lots as necessary to make sure that the maximum density requirement is met over time. Such conservation easements shall prevent the re-subdivision of lots in a manner that would violate this section.
C. 
An open space development shall be designed as a unified, coordinated residential development, and shall be approved within a development plan controlled by a single development entity. After final subdivision approval and within an approved development agreement(s), a developer may sell individual lots to different builders or home buyers, provided that the developer or his/her successor remains responsible for ensuring the compliance with the approved development plan.
3. 
Density, Open Space and Lot Standards.
A. 
An open space development shall only be allowed in the R-C District and shall need conditional use approval by the Borough Council. The following minimum lot areas shall apply, for the following two options:
(1) 
Option One. The minimum lot area shall be reduced to one acre and the minimum lot width shall be reduced to 150 feet. A minimum of 45% of the total lot area of the tract (prior to subdivision) shall be preserved as common open space. The majority of the required common open space shall be in one contiguous tract, except that it may be separated by one street.
(2) 
Option Two. The minimum lot area may be reduced to 20,000 square feet and the minimum lot width to 90 feet. A minimum of 65% of the total lot area of the tract (prior to subdivision) shall be preserved as common open space. The majority of the required common open space shall be in one contiguous tract, except that it may be separated by one street.
(3) 
Option Three. This option shall only be available if public water and public sewage service are provided. For townhouses, the dimensional provisions for townhouses in the R-S District shall apply. The maximum overall density shall not exceed an average of one dwelling unit per acre. This maximum overall density shall be calculated across the entire development tract before subdivision and before the deletion of land area for streets, detention basins or open space. A minimum of 75% of the total tract area shall be maintained in common open space. The minimum front yard shall be reduced to 10 feet if there is no vehicle parking between the front street curb and the dwelling.
B. 
Utilities. Any lot of less than one acre per dwelling unit shall be served by Borough-approved central sanitary sewerage service and central water service.
4. 
Conditions for Approval. In addition to the specific requirements of this section, an open space development shall only be approved if the applicant proves to the satisfaction of the Borough Council, based upon review by the Planning Commission, that the following conditions will be met:
A. 
That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be development as a conventional development. Such valid public purposes include, but are not limited to, the following:
(1) 
The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, highly scenic areas or other sensitive natural features.
(2) 
The dedication of public parkland at a site deemed appropriate by the Borough Council and that involves land that is clearly suitable for active and/or passive recreation.
B. 
The applicant shall prove that the proposed open space development has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.
5. 
Open Space.
A. 
Open Space. Land within an open space development may be permanently preserved as public, semipublic or private "common open space." See definition in § 27-202 of "open space, common or preserved."
B. 
Open Space Standards. Any preserved open spaces shall meet all of the following requirements:
(1) 
Such open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any nonagricultural commercial purposes or the use of the land for clear-cut forestry. Land approved as required open space shall only be used for noncommercial active or passive recreation, a Christmas tree farm, a golf course, a nature preserve, a wholesale plant nursery and/or Borough-approved agricultural uses.
(2) 
An open space development shall still meet any recreation land dedication or recreation fee requirements that may apply under the Subdivision and Land Development Ordinance [Chapter 22].
(3) 
The Borough may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.
(4) 
Improvements to Open Spaces. Where open space is proposed to be used for recreation and/or dedicated to the Borough, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land intended to be publicly dedicated open space to make it suitable for its intended purpose.
(a) 
Examples of such improvements for areas intended for passive recreation include preservation and planting of trees, development of nature, bicycle or jogging trails, the stabilization of creek banks and the removal of undesirable vegetation.
(b) 
Examples of such improvements for areas intended for active recreation include rough grading of land to create land suitable for free-play fields for youth.
(5) 
All proposed preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.
(6) 
The applicant shall prove that all required open space would be suitable for its intended and Borough-approved purposes. The Borough may require the provision of a trail easement and/or the construction of a trail through common open space. If a developer is required to install a trail, it shall be completed prior to the final sale of any adjacent residential lots.
(7) 
Lots and open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible. A nonmotorized recreation trail shall be shown on the plans through common open space and shall be built by the developer prior to the sale or construction of any adjacent homes, unless the Borough Council determines that a trail is not appropriate in the particular situation.
C. 
Open Space Ownership. The method(s) to be used to own, preserve and maintain any preserved open space shall be acceptable to the Borough. The Borough shall only approve an open space development if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.
(1) 
The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The Borough should be given right of first refusal at the time of such review to accept proposed open space as public open space. Required open space shall be permanently preserved by one or a combination of the following methods:
(a) 
Dedication to the Borough as public open space, if the Borough Council agrees in writing to such dedication.
(b) 
Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.
(c) 
Dedication to the School District if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for public school buildings and/or related open space.
(d) 
Dedication to a homeowners association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for preserved open space that is not publicly-owned.
1) 
Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Borough may delay a dedication of maintenance responsibilities by a developer to a homeowners association until such association is incorporated and able to maintain such land.
(e) 
Dedication of the land to an established nature conservation organization acceptable to the Borough Council.
(f) 
Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.
(g) 
Retention as part of one or more private lots, with an appropriate Borough-approved conservation easement. This clause shall only be available in locations where the applicant proves to the Borough Council that none of the above options are feasible or appropriate. This clause is primarily intended for situations where less than two acres of common open space would result (which may include a situation where only part of a tract is being subdivided).
(2) 
Legal documents providing for ownership and/or maintenance of required preserved open space shall be reviewed by the Borough Solicitor and be subject to approval by the Borough Council prior to recording of the final plan.
(3) 
A legally binding system shall be established to oversee and maintain land that will not be publicly-owned that is in compliance with state law, such as the State Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq. Proper notations shall be required on the recorded plan. For example, if the preserved open space is intended to be owned by a homeowner association as recreation land, a statement should be included that the designated open space "shall not be further subdivided and shall not be used for the construction of any nonrecreation buildings."
6. 
Steep Slopes. Within an open space development, no principal building shall be placed on slopes of over 25%. Development shall comply with the steep slope requirements of this chapter, which may require a larger lot.
7. 
Phasing. The development shall include a phasing system that shall be approved by the Borough Council. Such phases shall ensure that the requirements of this Part would be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.
8. 
Landscaping Plan. An application for an open space development involving over 20 acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.
A. 
Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.
B. 
Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.
C. 
Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.
[Ord. 843, 6/19/2007, § 312]
1. 
Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:
A. 
Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources.
B. 
Establish a clear process to review and approve demolition of designated historic buildings.
C. 
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings.
D. 
Implement §§ 603(b), 603(g), 604(1) and 605(2) of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10603(b), (g); 10604(1); 10605(2), which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value.
E. 
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.
F. 
Utilize the traditional neighborhood development provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
G. 
Carry out recommendations of the County Comprehensive Plan, including recommendations to preserve historic buildings and community character.
2. 
Applicability.
A. 
This section shall apply to any principal building in the HD Historic District Overlay District, except for buildings constructed after 1945.
B. 
For a building regulated by this section, all of the provisions of the applicable underlying zoning district shall also continue to apply, in addition to the provisions of this section. In the event there is a direct conflict between the provisions of this section and the underlying zoning district, the provision that is most restrictive upon development, demolition and uses shall apply.
3. 
General Provisions.
A. 
The Historic District Map is hereby made part of this chapter.
B. 
Any partial or complete demolition of a building regulated by this section that is visible from a public street shall only occur in compliance with this section.
C. 
The Historic Buildings Map may be revised as a Zoning Ordinance amendment.
D. 
Definitions. In addition to the definitions provided in § 27-202, the following terms shall have the following meanings for the purposes of this section:
DEMOLITION
The dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building.
DEMOLITION BY NEGLECT
The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to a point that causes a need for major repair or may cause a need for demolition.
MAINTENANCE AND REPAIR
Work that does not alter the appearance or harm the stability of exterior features of a building.
STREETSCAPE
The overall appearance of a block along a public street, including yards visible from a public street, the relationship of building setbacks, the consistency of architectural styles or features, the spacing and shapes of windows and doors and rooflines and similar features that give the block its distinctive visual character.
4. 
Approval of Demolition of Historic Buildings.
A. 
A building regulated by this section shall not be demolished, in whole or in part, unless the applicant proves by credible evidence to the satisfaction of the Borough Council as a conditional use that one or more of the following conditions exist:
(1) 
The existing building cannot feasibly and reasonably be reused or is structurally unsound, and that such situation is not the result of intentional neglect or demolition by neglect by the owner.
(2) 
The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created.
(3) 
The demolition is necessary to allow a project to occur that will have substantial public benefit that would greatly outweigh the loss of the historic building, and the project needs to occur at this location. For example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard.
(4) 
The demolition will result in a new building that will be a net improvement to the historic streetscape of the district, considering the architectural design proposed of the new building.
(5) 
The building does not contribute to the historic character of the Historic District and the streetscape.
B. 
For approval of a demolition, the standards of this section shall apply in place of the conditional use standards of Part 1. In reviewing the application, the Borough Council shall consider the following:
(1) 
The effect of the demolition on the historical significance, streetscape and architectural integrity of neighboring historic buildings and on the historic character of the surrounding neighborhood.
(2) 
The feasibility of other alternatives to demolition.
C. 
An application for partial or complete demolition of a building regulated by this section shall not be approved unless all of the requirements of this section have been met. A partial demolition shall include, but not be limited to: removal of an attached porch roof, removal of porch columns and removal of architectural features. See definition of "demolition" above.
D. 
A complete application for the demolition shall be submitted by the applicant in writing. This application shall include the following:
(1) 
The name, address and daytime telephone number of the owner of record and the applicant for the demolition.
(2) 
Recent exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans shall be provided as needed to support the applicant's claim.
(3) 
A site plan drawn to scale showing existing buildings and the proposed demolition.
(4) 
A written statement of the reasons for the demolition.
(5) 
The proposed use of the site, and a proposed timeline for development of that proposed use.
(6) 
The proposed disposition of materials. The applicant shall show that debris will be disposed in a legal manner. Salvage of building materials is strongly encouraged to preserve historic features.
E. 
Procedures. The applicant shall be informed of meeting dates where the application is intended to be discussed and encouraged to be present to discuss the proposed demolition.
F. 
Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused.
G. 
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with this section if the Construction Official/Building Inspector certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
H. 
Exceptions. Conditional use approval shall not be needed for the following:
(1) 
Demolition of access my structures that are not an integral part of the principal building.
(2) 
Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the building and that are not visible from a public street (not including an alley).
(3) 
Removal of features that were added after 1945, such as a modern porch or aluminum siding or carport.
(4) 
Relocation of a building within the Borough, provided that the relocation does not result in a partial or complete demolition that is regulated by this section.
5. 
Demolition by Neglect (see definition above).
A. 
Every property owner of a building regulated by this section shall repair and maintain the building to avoid demolition by neglect. The Zoning Officer or Construction Official/Building Inspector may require any unoccupied building shall be properly sealed and secured to prevent decay from the elements and vandalism.
B. 
Every property owner of a building regulated by this section shall properly repair and maintain the building to maintain the structural integrity of the building and to protect the building and attached features from damage from the elements. The attached features that shall be protected, repaired and maintained include the roof, chimney, cornice, soffit, fascia, spouting, columns, beams, posts, window sills, door sills and lintels.
C. 
If a property owner fails to comply with an order from the Construction Official/Building Inspector to repair a building regulated by this section to correct a code violation that threatens the structural integrity of a building, such matter shall be considered a violation of this chapter.
[Ord. 843, 6/19/2007, § 313]
The following advisory guidelines should be considered in the design of new construction, additions and exterior alterations, particularly in the Historic District, R-U, R-H D, C-N, C-D and C-P Districts. Some of these features may be required by other sections of this chapter in specific cases:
A. 
Vehicle parking and any garage doors should be placed to the rear of buildings as opposed to between buildings and the street. Where rear parking is not practical, then parking should be provided to the side of a building. Where a driveway needs to enter from the front, the garage should be setback further from the street than the house, and the driveway should be as narrow as practical through the front yard.
B. 
New construction should have a front yard setback that is similar to adjacent older buildings.
C. 
Modern additions and features should be placed towards the rear of the property.
D. 
New construction should have rooflines that are similar to adjacent older buildings. Flat roofs should be avoided, except when a decorative cornice is used. Where a pitched roof is not practical, then the roof should at least appear to have angles and a pitch when viewed from the street.
E. 
On sides visible from a street, new construction should use building materials that are similar to appearance of older buildings, such as decorative masonry or materials with a similar appearance.
F. 
Where existing older buildings have a certain horizontal or vertical orientation, that orientation should be continued in new construction. Where existing older buildings have a certain spacing of windows and doors, similar spacing (and similar sizes of windows and doors) should be continued in new construction. Blank walls without door and window openings should be avoided along a street.
G. 
Parking. See §§ 27-601, Subsection 2, and 27-602, Subsection 6, which allow some flexibility in parking requirements. Shared parking among property owners and businesses in the Historic District is encouraged where adequate parking spaces exist for shared usage. Landscaping, brick walls or similar features should be used to buffer parking lots from streets.
H. 
Existing Buildings and New Construction. There should be a balance of the retention of existing buildings and quality new construction so as to retain a sense of historic continuity and increased vitality. Every effort should be made to identify, save and reuse older buildings and to find appropriate reuses. Avoid demolition and new construction where important buildings are removed or the visual continuity of the area is disrupted. Typical "franchise brand" facades should be modified in such a way as to become compatible with the Borough's historical background.
I. 
Continuity of Street-Front Activity. Uninterrupted continuity of pedestrian-related uses and activities should be encouraged along main streets, particularly in areas of present activity. Outward street orientation with storefronts, entrances and windows relating to the street, rather than an inward focus away from the street, should be emphasized in new building. Street-oriented parking lots, blank building faces and non-pedestrian-related uses should be discouraged along major pedestrian streets.
J. 
Lighting. Adequate lighting shall be provided for security, but in a manner that does not generate glare. Light fixtures should be visually in keeping with the character of the Historic District. The luminaire itself (such as in a floodlight) should not be visible from a street or sidewalk.
K. 
Pedestrians. Pedestrian traffic should be separated from major vehicle routes developments shall be designed in such a way as to be inviting for pedestrian traffic. The development should not be surrounded by parking lots and driveways, but should be placed on the site in such a way that it relates to adjacent properties and public right-of-ways.
L. 
Guidelines for Construction. Buildings, particularly along pedestrian-oriented streets, should respect the continuity and character of existing block fronts.
(1) 
Height. Buildings should be constructed to a height compatible with existing surrounding buildings. Single story buildings should be avoided unless they have the appearance of a two-story building when viewed from the front on the street.
(2) 
Width and Proportion. The width and proportion of buildings-the relationship of a building's width to its height-should be similar to, and compatible with, existing surrounding buildings along the street. When larger buildings are proposed, they should be articulated so that the major elements of the facade reflect the width and proportion of the surrounding buildings.
(3) 
Relationship to Street. Buildings should have setbacks to the street consistent with nearby buildings. Buildings shall be located to front towards and relate to public streets, both functionally and visually, to the greatest extent possible. Buildings shall not be oriented to front toward a parking lot.
(4) 
Street Level Vitality. The street level of buildings should be the primary orientation and access for pedestrians and provide continuity of visual interest. A pedestrian entrance and display windows should be provided along the front along main streets.
(5) 
Roof Forms. The roofs of buildings should be consistent with and similar to surrounding buildings in type and shape. This particularly includes use of pitched roofs or cornices along the front where such features are common.
(6) 
Proportion of Openings. The size and proportion, or the ratio of width to height, of window and door openings should be similar and compatible with those in surrounding facades.
M. 
Signs and Awnings. Various signs on a property should be coordinated. Internally illuminated signs should be avoided. Signs should not cover architectural details. Overly bright, revolving or flashing lights and internally illuminated plastic signs should be avoided. Awnings can, in many instances, be a visual asset to a building and provide continuity along a block front. Awnings can also provide weather protection for pedestrians and be energy-efficient. The use of awnings should be carefully coordinated with each building so as to be compatible. The front panel of an awning may be used for a sign provided the sign image is integrated with the awning.
N. 
Porches. Existing older porches should be maintained and new porches should be considered on the front of new buildings.
O. 
Site Features. Parking areas, garages or storage buildings (particularly the prefabricated metal type) should not be built near the front or in areas visible from the street.
P. 
Fences. Chain-link metal fences should be avoided in the front yard. Picket or ornamental fences are encouraged. Solid wooden or vinyl plank fences should be placed in rear and side yards only. Highway-style metal guide rails should not be used.
Q. 
Utilities. New utilities should be placed underground. Where that is not practical, they should be placed in less visible parts of the site. For example, new utility lines should be extended from the rear of the property instead of the front.
R. 
Building Walls. Buildings should avoid long, monotonous, uninterrupted wall or roof planes. A wall surface should be no longer than 100 feet without a break. Building wall offsets, including both projections and recesses, and changes in floor elevation should be used in order to add architectural interest and variety, and relieve the visual effect of a single, long wall. Blank walls, loading docks and service areas visible from the front from a street are discouraged. Windowless building walls are discouraged. Where the construction of a windowless wall is necessary, such wall should be articulated by the provision of blank window openings trimmed with frames, sills, and lintels, or by using recessed or projecting display window cases if the building is occupied by a commercial use. Ground floor retail, service and restaurant uses should have large pane display windows on the ground level.
S. 
HVAC. Commercial HVAC systems should be screened from view from the front of a lot using walls, fencing, roof elements or landscaping. Noise or odor producing ventilation equipment should be placed as far away from dwellings as is feasible.
T. 
Fire Escapes. New exterior fire escapes should not be constructed on the front facade of a building.
U. 
Security Gates. Solid metal security gates or solid roll-down metal windows should be avoided. Link or grill type security devices should be permitted only if installed from the inside, within the window or door frames; or, if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grilles should be recessed and concealed during normal business hours. Models that provide a sense of transparency are encouraged.
V. 
Rendering. An architectural rendering or elevations should be prepared and become part of the submission to show the exterior design of the front facade of any proposed new principal nonresidential building.