A.
For the purpose of this chapter, Lower Paxton Township is hereby
divided into the following zoning districts, with the following abbreviations:
[Amended 7-21-2020 by Ord. No. 20-07; 10-19-2021 by Ord. No. 21-07]
|
CO
|
Conservation
|
|
AR
|
Agricultural Residential
|
|
R-1
|
Residential - Low Density
|
|
R-2
|
Residential - Medium Density
|
|
R-3
|
Residential - Medium High Density
|
|
R-C
|
Residential Cluster
|
|
V
|
Village
|
|
CN
|
Commercial - Neighborhood
|
|
CG
|
Commercial - General
|
|
ON
|
Office - Neighborhood
|
|
BC
|
Business Campus
|
|
LI
|
Light Industrial
|
|
GI
|
General Industrial
|
|
IN
|
Institutional
|
|
TND
|
Traditional Neighborhood Development Overlay District
|
|
OSD
|
Open Space Development Overlay District
|
|
TC
|
Towne Centre
|
|
ND
|
Neighborhood Design
|
B.
For the purposes of this chapter, the zoning districts named in § 203-301A shall be of the number, size, shape and location shown on the "Official Zoning Map."[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Overlay Districts. The Floodplain Area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts.
D.
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:
(1)
CO Conservation District. To conserve important natural features,
such as wetlands, creeks, flood-prone lands and steeply sloped areas.
To conserve the Blue Mountain. 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.
[Amended 11-20-2007 by Ord. No. 07-01]
(2)
AR Agricultural Residential District. To provide for rural types
of development at a lower overall density, in a manner that protects
creeks and other natural features. To avoid conflicts with agricultural
uses. To promote use of the open space development option.
(3)
R-1 Low Density Residential District. To provide for low density
residential neighborhoods that are primarily composed of single-family
detached dwellings. To protect these areas from incompatible uses.
To provide incentives and a certain amount of flexibility in lot layout
through the open space development and traditional neighborhood development
options so that development can be placed on the most suitable portions
of a tract of land, while still avoiding overly intense development.
(4)
R-2 Medium Density Residential 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.
(5)
R-3 Medium High Density Residential District. To provide opportunities
for a mix of housing types at a medium high density. To protect these
areas from incompatible uses.
(6)
V Village District. To provide business opportunities while seeking to develop a central community focus for the Township. 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. To primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload the road system. To serve the purposes listed in § 203-318.
(7)
ON Office-Neighborhood District. To provide for offices and
low-intensity business uses in locations that are adjacent to residential
neighborhoods.
(8)
CN Neighborhood Commercial District. To provide for lighter
types of commercial uses that will be compatible with nearby homes.
(9)
CG General Commercial District. To provide for a variety of
commercial uses along major highways where a variety of commercial
uses are already present. To provide for a wider range of commercial
uses than the CN and V Districts, including uses that are more auto-related
(such as gas stations). To carefully locate commercial areas and commercial
driveways to minimize traffic safety and congestion problems along
roads.
(10)
LI Light Industrial 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. To encourage coordinated development, particularly
in regard to traffic access.
(11)
GI General Industrial 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. To encourage coordinated development, particularly
in regard to traffic access. To provide for a greater number of industrial
uses than the LI District.
(12)
BC Business Campus District. To provide sufficient space, in
appropriate locations, to meet needs for offices and complementary
types of business development. This district is intended to control
the types and intensities of uses to avoid nuisances and hazards.
This district is also intended to provide for development that will
generate additional tax revenue and wider employment opportunities.
This district promotes an attractive, well-landscaped, campus-type
of business park development that will aid in attracting new businesses.
This district is also intended to encourage development that uses
deed restrictions imposed by the subdivider, as well as interior road
systems. This district promotes landscaped front yards and substantial
buffers adjacent to residential development. To attract higher paying
jobs to the Township.
(13)
IN Institutional District. To provide for a variety of institutional
uses and related uses, such as medical offices.
A.
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.
B.
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.
C.
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.
D.
Boundary change. Any territory which may hereafter become part of
the Township through annexation or a boundary adjustment shall be
classified as the AR Zoning District of Lower Paxton Township until
or unless such territory is otherwise classified by Board of Supervisors.
A.
A map entitled "Lower Paxton Township 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 Township Building.
B.
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 State Municipalities Planning Code. 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.
C.
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, Township Supervisors
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.
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.
A.
Intent. To continue the objective of compatible land uses across
municipal boundaries.
B.
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 Lower Paxton Township regardless
of whether such abutting existing dwelling or principally residential
zoning district is located in an abutting municipality and/or in Lower
Paxton Township.
A.
For the purposes of this § 203-306, 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 Board of Supervisors)
|
|
N
|
=
|
Not permitted
|
|
(S. 402)
|
=
|
See additional requirements in § 203-402
|
|
(S. 403)
|
=
|
See additional requirements in § 203-403
|
B.
Table of allowed uses.[1]
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 203-105B), 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 § 203-105B, 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 § 203-105B, 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 § 203-103G.
When an applicant uses the TND Traditional Neighborhood Development Overlay District, the provisions of § 203-314 shall apply in place of the provisions of §§ 203-306 and 203-307.
When an applicant uses the OSD Open Space Development Overlay District, the provisions of § 203-311 shall apply in place of the provisions of §§ 203-306 and 203-307.
[1]
Editor's Note: The Table of Allowed Uses 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 § 203-403 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to
communicate with their own vehicles.*
(2)
Fence* or wall. *
(3)
Garage, household.
(4)
Garage sale. *
(5)
Pets, keeping of.*
(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.
(10)
Swimming pool, household.*
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.
(4)
Automatic transaction machine.
(6)
Auto
fueling station:
[Added 6-20-2023 by Ord. No. 23-04]
(a)
The auto fueling station shall be on the same lot as a permitted
retail grocery store.
(b)
The retail grocery store shall contain a minimum of 30,000 square
feet of retail floor area.
(c)
The auto fueling station shall be branded and managed as part
of the retail grocery store.
(d)
Access driveways to the auto fueling station shall be at least
30 feet from the intersection of any public streets.
(e)
Gasoline pumps at the auto fueling station shall be located
at least 30 feet from the edge of the R.O.W. of a public street.
(f)
Ingress and egress at the auto fueling station shall not create
hazardous conditions or undue traffic congestion.
(g)
Air towers and water outlets may be located outside an enclosed
building, provided that all facilities associated with the auto fueling
station shall be setback a minimum of 10 feet from any property lines.
(h)
All supplies and merchandise shall be stored within a building
except automotive supplies on display for sale.
A.
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 § 203-402 or 203-403 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 203-202.[1]
[1]
Editor's Note: The Table of Allowed Uses in included as an attachment to this chapter.
B.
Height. Except as provided in § 203-802, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
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,
(2)
In the IN District, a maximum building height of 60 feet shall apply, provided the setbacks in § 203-307A are met, except for residential retirement development buildings which shall be governed by § 203-319G(5).
[Amended 4-1-2008 by Ord.
No. 08-03]
(5)
The maximum height for any other structure shall be three stories
or 40 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
The minimum side and rear yard setback apply for a permitted
detached structure that is accessory to a dwelling shall be 10 feet
in the CO or AR Districts and five feet in other districts, except
in the following cases:
(a)
The minimum rear setback shall be reduced to thee feet for a
residential accessory storage shed having a total floor area of less
than 150 square feet.
(b)
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 twin dwellings). However,
such structure shall still meet the minimum side yard on a lot line
where the dwellings are not attached.
(c)
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.
(e)
If any accessory building or pool is constructed adjacent to a street (such as a rear yard on a lot that is adjacent to a street along the front lot line and another street along the rear lot line), then the building or pool shall be separated from such street by a buffer yard meeting § 203-803.
(3)
No accessory building and no swimming pool shall be allowed
in the minimum front yard.
A.
Lot area. Wetlands (as officially defined under federal and/or state regulations) shall not count towards more than 50% of the required minimum lot area. The Township may require an applicant to prove that a lot will contain sufficient contiguous buildable land area that is outside of wetlands. This § 203-308A shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.
B.
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 Township. 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.
The Township may require that the qualifications and any certifications
of the person conducting the wetland delineation be provided in writing
to the Township. The Township may require that a statement be provided
on the plan that is signed by the wetlands delineator stating that
the wetlands are accurately shown according to a standard government
wetlands manual or that wetlands are not present.
[Amended 11-20-2007 by Ord. No. 07-01]
C.
Wetland 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."
A.
Central water service. A use shall not be considered to be served
by "Township-approved central water service" unless:
(1)
All applicable requirements of state regulations and the Subdivision
and Land Development Ordinance are met;
(2)
The applicant proves to the satisfaction of the Township that
there will be an appropriate system in place to guarantee and properly
fund the long-term operation and maintenance of the system by a qualified
professional operator; and
(3)
The applicant proves to the satisfaction of the Township, based
upon review of the Township Engineer, that the system will include
adequate supply, transmission capacity and pressure to serve the development.
B.
Central sewage service. A use shall not be considered to be served
by "Township-approved central sewage service" unless:
(1)
All applicable requirements of state regulations and the Subdivision
and Land Development Ordinance are met;
(2)
The applicant proves to the satisfaction of the Township that
there will be an appropriate system in place to guarantee and properly
fund the long-term operation and maintenance of the system by a qualified
professional operator; and
(3)
The applicant proves to the satisfaction of the Township, based
upon review of the Township Engineer, that the system will include
adequate treatment capacity and conveyance capacity to serve the development.
C.
Connection to a larger system. Any nonpublic central water or central
sewage system developed after the adoption of this chapter shall be
engineered and constructed in such a manner as to allow its efficient
interconnection in the future into a larger regional system.
(1)
Such a system shall include appropriate utility easements and/or
rights-of-way within property controlled by the developer extending
to the borders of the development to allow future interconnections
at logical points.
(2)
At the time of subdivision or land development approval, the
Board of Supervisors may request that agreements be established so
that a central water or sewage system is dedicated to a Township Authority
after completion of the development, or at such other time as is mutually
agreed upon. A developer who dedicates a central water or sewage system
to a Township Authority shall retain the right to use or sell the
capacity of the system that was funded by the developer. The Township
may require a developer to post a bond to guarantee proper operation
of a system for at least two years after dedication.
D.
On-lot septic systems.
(1)
Purpose: to ensure that a suitable location is available for
a new septic system if the original septic system should malfunction.
(2)
This § 203-309D shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this chapter.
(3)
Each lot shall include both a primary and an reserve septic
system location. Both locations shall be determined by the Township
Sewage Enforcement Officer to meet Pennsylvania Department of Environmental
Protection regulations for a septic system location prior to approval
of the final subdivision or land development plan.
(4)
The requirement for a reserve septic system location shall not
apply to the following:
(a)
A lot of over 10 acres;
(b)
The simple merger of two or more existing lots, or an adjustment
to lot lines of an existing lot;
(c)
A vacant lot that includes a permanent deed restriction or conservation
easement prohibiting any construction of buildings on the lot; or
(d)
Lots within a subdivision or land development that will abut
a complete capped sewage system constructed by the developer, the
design of which has been approved by the Township.
(5)
The reserve septic system location shall be kept clear of buildings
and parking, and shall be shown on any subsequent applications for
new or expanded buildings or parking. The Township may require that
the location be recorded on the deed.
E.
Well and septic system locations. Every plan for a subdivision or
land development and every application for a building permit for a
new principal building that will be served by a well and/or septic
system shall designate the proposed well and primary and alternate
septic system locations.
(1)
Such plan shall show that the proposed locations will meet the
minimum isolation distances established by PA DEP regulations between
a well and septic systems on the subject lot and all adjacent lots.
(2)
A plan may show the outer extent of potential well locations,
instead of one exact location, provided all of the potential area
would still meet the isolation distance.
(3)
If the well or septic system location is proposed to be changed
from the location shown on the submitted plan, then a site plan showing
the revised location shall be submitted for approval by the Zoning
Officer and Sewage Enforcement Officer prior to issuance of the building
permit.
(4)
It is requested that well sites be placed in the front yard,
thereby allowing septic systems to be placed in the rear yard. The
intent is to minimize the visibility of any septic mound systems.
In addition, if wells are located in consistent locations within a
subdivision, it will make it easier for adjacent property-owners to
meet minimum separation distances between septic systems and wells.
F.
Expansion of septic use. If the Zoning Officer has reason to believe
that a proposed increase in the number of dwelling units or expansion
or change of a nonresidential use would result in increased flow to
a septic system, then the application shall be referred to the Sewage
Enforcement Officer. The Sewage Enforcement Officer shall require
modification, expansion or replacement of the septic system if necessary
to handle the proposed flow.
[Amended 11-20-2007 by Ord. No. 07-01]
A.
Purposes. The following provisions are primarily intended to avoid
erosion, sedimentation, stormwater management and winter driving hazards,
particularly considering the Township's climate, in addition to serving
the overall purposes of this chapter.
B.
Regrading. Non-man-made slopes of 15% or more shall not be disturbed
(regraded) prior to the submission of a zoning site plan, or subdivision
or land development plan. This section shall not regulate slopes that
were clearly man-made prior to the adoption of this chapter.
C.
Slopes over 25%. A new principal building shall not be located on
a slope greater than 25%.
D.
Single-family dwellings and steep slopes. New-single-family detached
dwellings are permitted on slopes that are no greater than 25%.
E.
Steep slopes and other uses. A lot shall only be used for a building
for principal uses other than single-family detached dwellings if
the proposed "building area" includes an average slope of less than
20%.
(1)
For such uses, the "building area" shall include locations of
all proposed principal buildings and parking areas that serve such
buildings and an area 20 feet around such buildings and related parking
areas.
(2)
Access. Each principal building and each parking area shall
have vehicle access from an existing or proposed street by means of
a driveway with a maximum grade of 10%.
F.
Site plan and tree protection. If an applicant proposes to alter
or build upon slopes of 15% or greater, then a site plan shall be
submitted to the Zoning Officer. A separate site plan is not required
if the same information was included in an approved subdivision or
land development plan.
(2)
Mature trees. Where building or alteration is proposed on slopes
of over 15%, the applicant shall prove to the satisfaction of the
Zoning Officer that the removal of healthy trees with a trunk width
of over six inches (measured at a height 4.5 feet above the ground
level) will be minimized. The Zoning Officer may ask for reviews by
the Township Engineer or Planning Commission. The site plan shall
show wooded areas to be removed or preserved, and methods to be used
to make sure trees are protected by temporary fences or other measures
during the construction process.
A.
Purposes. To allow reasonable amounts of flexibility in site planning
of residential development to: a) protect environmentally sensitive
areas and avoid severe soil erosion and sedimentation, b) avoid severely
increased stormwater flows and speeds, c) preserve areas of prime
farmland, d) provide additional recreation land, e) steer development
to those areas that are more physically suited for it, f) avoid construction
of steep roads that are difficult, time-consuming, and expensive to
maintain and plow snow upon, g) avoid increased use of steep roads
and driveways that are dangerous to drive upon in snow and ice, h)
conserve forested areas that are an important part of the ecological
cycle, providing for groundwater recharge, air pollution reduction
and wildlife habitats, i) reduce construction costs and municipal
maintenance costs, j) provide for transitional forms of development
between residential and agricultural or industrial areas or highways,
with open space serving as a buffer, and k) allow each property owner
a reasonable use of their land, related directly to the features and
location and accessibility of the land. This option will encourage
the preservation of significant areas of preserved open space.
B.
Applicability. For land within the OSD Overlay District, this § 203-311 allows an applicant the option to use the provisions of § 203-311 in place of the provisions of the underlying zoning district. In order to use § 203-311, the applicant must prove compliance with all of the requirements of this § 203-311, to the satisfaction of the Township. If an area of land is not within the OSD Overlay District, then an applicant may request that the Board of Supervisors consider a zoning map amendment to add the OSD Overlay District to that land area. An open space development shall be permitted by right within the OSD Overlay District.
(1)
An "open space development" is a residential development that meets the requirements of this § 203-311 and is approved by the Township as an open space development. An open space development shall only be allowed in the OSD Overlay District.
(2)
Uses. An open space development shall only include the following
uses: single-family detached dwellings, nature preserves, Township-owned
recreation, noncommercial recreation uses that the Township approves
to be within the preserved open space, utilities necessary to serve
the development, and customary permitted accessory uses. A mobile/manufactured
home park shall not qualify as a open space development.
(3)
A tract shall be eligible for approval for a open space development
if it includes a minimum of 10 acres of lot area in common ownership
in the OSD Overlay District. Such land area shall be contiguous, except
that portions of the tract may be separated only by existing or proposed
streets or creeks.
(a)
The amount of preserved 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. Land area of future
rights-of-way of existing streets may be deleted from the total lot
area before calculating the required amount of preserved open space.
[1]
Areas that were preserved by a conservation or agricultural
preservation easement or deed restriction prior to the submittal of
the subdivision plan shall not be counted towards the area of the
tract in calculating preserved open space or allowed density.
(b)
Areas used for a principal nonresidential use (other than uses
approved by the Township to be part of the preserved open space) shall
not be included within the land area used to calculate residential
density.
(4)
An open space development shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this § 203-311.
(5)
Procedures.
(a)
Applicants are strongly encouraged to first submit a sketch
plan, before completing detailed fully engineered preliminary subdivision
plans. This two-step process will allow the Township and the applicant
to discuss the preserved open space and development layout before
large sums of money are spent by the applicant on detailed engineering.
(b)
The applicant and Township officials are strongly encouraged
to walk the tract after a detailed existing features map has been
provided to the Township, but before the site layout has been finalized.
C.
Density, open space and lot standards. The maximum number of dwelling
units on the tract shall be determined based upon an existing features
map and a yield plan, except within the AR District.
(1)
An existing features map shall be required to be submitted as
part of the application for an open space development. This existing
features map shall accurately show the locations of the following
at a minimum: wetlands, 100-year floodplains, areas of woodland, existing
topography, existing buildings with a description of any buildings
over 70 years old, highlighting of 15 to 25% slopes and 25% and greater
slopes, and any major scenic views from within the tract or from outside
of the tract.
(2)
A yield plan shall be submitted to the Township by the applicant.
The yield plan shall accurately show the maximum number of dwelling
units that would be possible under current Township ordinances if
the open space development provisions would not be used, and instead
the provisions for conventional development in the applicable zoning
district would be used. The yield plan shall be completed to an accurate
scale, including accurately showing the Existing Feature Map information
described above. The yield plan shall show potential lots, streets,
and retention/detention pond locations. However, the yield plan shall
not serve as, and is not required to contain, the engineering detail
requirements of a preliminary subdivision plan.
(3)
The yield plan shall be reviewed by the Zoning Officer and Township
Engineer, and then determined by the Planning Commission as to whether
it represents a reasonably accurate estimate of the number of dwelling
units possible on the site, both physically and legally. If such estimates
are determined to not be accurate, the applicant shall be required
by the Zoning Officer to revise the yield plan until it is accurate.
(a)
For land that is not within the AR District, the maximum number
of dwelling units allowed on the tract through open space development
shall be 10% greater than the number of dwelling units that is determined
by the Township to be possible under the Township-accepted yield plan.
(b)
The allowed number of dwelling units may be rounded to the nearest
whole number.
(c)
The yield plan shall not have any legal standing except for
the purposes of determining density for an open space development.
(4)
For land within the AR District, the maximum number of dwelling
units allowed on the tract through open space development shall be
equal to an average of one dwelling unit for every 1.0 acre of total
lot area.
(5)
All provisions of the zoning district shall apply, except for provisions that are specifically modified by this § 203-311. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded:
(a)
CO District: The minimum lot area shall be one acre (43,560
square feet). The same dimensional requirements shall apply as are
provided for in conventional development in the AR District. A minimum
of 60% of the total lot area of the tract (prior to subdivision) shall
be preserved as preserved open space.
(b)
AR District: The minimum lot area shall be 20,000 square feet.
The same dimensional requirements shall apply as are provided for
in conventional development in the R-1 district. A minimum of 40%
of the total lot area of the tract (prior to subdivision) shall be
preserved as preserved open space.
(c)
R-1 District: The minimum lot area shall be 10,000 square feet.
The same dimensional requirements shall apply as are provided for
in conventional development in the R-2 district. A minimum of 40%
of the total lot area of the tract (prior to subdivision) shall be
preserved as preserved open space.
(d)
R-2 District: The minimum lot area for single-family detached
residential lots shall be reduced to 5,000 square feet. All other
dimensional requirements shall remain the same as are listed for the
R-3 District. A minimum of 25% of the total lot area of the tract
(prior to subdivision) shall be preserved as preserved open space.
(6)
Utilities. Any lot of less than one acre shall be served by
Township-approved public sanitary sewerage service and public water
service.
(7)
Subdivision of part of a tract. This Subsection C(7) addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering preserved open space to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the preserved open space requirement based upon the area of the entire tract.
(a)
The land under the conservation easement shall be a regular
rectangle in shape and shall be located where it could adjoin land
that would be added as preserved open space in the future if the total
allowed number of dwellings would be developed.
(b)
The following hypothetical example assumes a tract includes
50 acres, and the yield plan determines that the applicant for an
open space development is allowed a total of 30 new dwellings. In
this example, the applicant only wishes to subdivide lots for 10 new
dwellings at the present time, which is 1/3 of the total number of
allowed dwellings. At the present time, only 1/3 of the open space
would need to be preserved, compared to if all of the allowed housing
units would be developed. However, the preserved open space would
need to be placed on the tract at a location where it could be joined
by the remaining acres of land under a conservation easement if the
applicant in the future decided to subdivide lots for the remaining
20 dwelling units that are allowed.
(8)
A minimum of 50% of the required preserved open space shall
be in one contiguous lot, except that the preserved open space may
be separated by creeks, lakes, and a maximum of one street.
(a)
The Board of Supervisors may approve the following, if the applicant
proves to the satisfaction of the Board of Supervisors that such configuration
would serve the purposes of this section and be in the best interests
of the Township, considering the unique circumstances of the tract:
(b)
An accessway limited to emergency vehicles may also cross the
preserved open space.
(9)
The Board of Supervisors may require that the majority of the
required preserved open space be placed:
(a)
Adjacent to an existing or planned public or homeowner association-owned
recreation area;
(b)
Adjacent to existing farmland;
(c)
At the edge of a neighboring undeveloped lot, where the preserved
open space could be connected in the future to open space on that
neighboring lot; or
(d)
Adjacent to an arterial street or expressway where the open
space will serve to buffer homes from the traffic.
D.
Conditions for approval. An open space development shall only be
approved if the applicant proves to the satisfaction of the Board
of Supervisors, based upon review by the Planning Commission, that
the following additional conditions shall be met:
(1)
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 developed as a conventional
development. Such valid public purposes include, but are not limited
to, the following:
(a)
The permanent preservation of dense forests, steep slopes, wetlands,
creek valleys, highly scenic areas or other sensitive natural features.
(b)
The permanent preservation of a substantial area of land in
agricultural uses, in a tract of proper size and configuration that
allows for efficient agricultural use and that properly considers
the issue of compatibility between the agricultural uses and homes.
In such case, new dwellings shall be clustered adjacent to existing
dwellings and residential zoning districts.
(c)
The dedication of recreation land at a site deemed appropriate
by the Board of Supervisors and that involves land that is clearly
suitable for active and/or passive recreation.
(d)
The provision of preserved open space in a location that will
allow homes to be buffered from highly-noxious, nuisance-generating
uses, such as a heavily traveled street or industrial uses. In such
case, intensive landscaping and/or planting for eventual reforestation
shall be provided.
(2)
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.
(a)
At a minimum, the applicant shall prove that areas along perennial
creeks shall be preserved in their natural state, except for landscaping,
erosion control improvements, public recreation improvements and needed
utility, street and driveway crossings. Low-maintenance landscaping
is encouraged along creeks and other areas where maintenance would
otherwise be difficult.
(b)
The natural features of the site shall be a major factor in
determining the siting of dwelling units and streets.
(3)
The Township 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.
E.
Preserved open space.
(1)
Preserved open space. The minimum amount of "preserved open space" shall be provided, which shall meet the requirements of this chapter and the definition in § 203-202 of "open space, preserved."
(a)
The preserved open space requirements of this § 203-311 shall be in addition to the recreation land or fee-in-lieu of land requirements of the Township Subdivision and Land Development Ordinance (SALDO), unless the applicant proves to the satisfaction of the Board of Supervisors that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.
(2)
Open space standards. Required preserved open spaces shall meet
all of the following requirements:
(a)
Preserved 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 timber harvesting, except for routine thinning
of woods. Land approved as required preserved open space shall only
be used for noncommercial active or passive recreation, a noncommercial
community center for meetings and recreation, a nature preserve, a
horse farm, a wholesale plant nursery, and/or a Township-approved
agricultural use.
(b)
Improvements to open spaces. Where preserved open space is proposed
to be used for recreation and/or dedicated to the Township, the application
shall include a detailed and legally binding (if approved) description
of what improvements the applicant will make to any land to make it
suitable for its intended purpose.
[1]
Examples of such improvements include preservation and planting
of trees, development of trails, stabilization of creek banks, removal
of undesirable vegetation, and grading of land for recreation (such
as an informal open play field for youth).
[2]
Type of maintenance. The final subdivision plan shall state
the intended type of maintenance of the open space, such as lawn areas
that are regularly mowed, or natural areas for passive recreation
that are intended for minimal maintenance.
(c)
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.
(d)
The applicant shall prove that all required preserved open space
would be suitable for its intended and Township-approved purposes.
The Township may require the provision of a trail easement and/or
the construction of a recreation trail through preserved open space.
If a developer installs a trail, it shall be completed prior to the
final sale of any adjacent residential lots.
(e)
Lots and preserved open spaces shall be located to promote pedestrian
and visual access to preserved open spaces whenever possible.
(f)
Sufficient access points from each preserved open space shall
be provided to streets for pedestrian access and maintenance access.
The Board of Supervisors may require that maintenance and/or pedestrian
access points be paved and be up to eight feet in width, meeting Township
standards for a bike path. Maintenance access points shall be of a
slope that is suitable for access by vehicles and equipment.
(3)
Open space ownership. The method(s) to be used to own, preserve
and maintain any preserved open space shall be acceptable to the Township.
The Township 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.
(a)
The method of ownership and use of any required preserved open
space shall be determined prior to preliminary subdivision or land
development approval. The Township should be given right of first
refusal at the time of such review to accept proposed open space as
public open space. The Township shall only accept ownership of open
space if the Board of Supervisors has agreed in writing in advance
to accept such ownership. If the preserved open space will not be
owned by the Township, then the preserved open space shall be permanently
preserved by one or a combination of the following methods that are
found to be acceptable to the Board of Supervisors:
[1]
Dedication to the county as public open space, if the County
Commissioners agree in writing to such dedication.
[2]
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 school recreation, public recreation, environmental education
and/or related open space.
[3]
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.
[a]
Such responsibilities shall be specified as part of each deed
prior to sale of each lot or dwelling unit. The Township may delay
a dedication of maintenance responsibilities by a developer to a homeowners
association until such association is incorporated and able to maintain
such land.
[4]
Dedication of the land to an established nature conservation
organization acceptable to the Board of Supervisors for maintenance
as a nature preserve or passive recreation area.
[5]
Dedication of a permanent conservation easement that results in the
land being used for a Township-approved crop farming, wholesale tree
farm, or an equestrian use, and which may include one of the allowed
dwelling units on the lot.
[6]
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.
(b)
Legal documents providing for ownership and/or maintenance of
required preserved open space shall be reviewed by the Township Solicitor
and be subject to approval by the Board of Supervisors prior to recording
of the final plan.
(c)
A legally binding system shall be established to oversee and
maintain land that will not be publicly owned. The applicant shall
prove compliance with state law governing homeowner associations.
Proper notations shall be required on the recorded plan. For example,
if the preserved open space is intended to be owned by a homeowners'
association as recreation land, a statement should be included that
the designated open space "shall not be further subdivided and shall
not be used for the construction of any nonrecreation buildings."
(4)
Changes in open space uses. If the required preserved open space
is proposed to be used for purposes that were not authorized in the
Township zoning or final subdivision plan approval, then a revised
Township approval shall be required for the changed use.
F.
Steep slopes. Within an open space development, no principal building
shall be placed on slopes of over 25%.
G.
Phasing. The development shall include a phasing system that shall
be approved by the Board of Supervisors. Such phases shall ensure
that the requirements of this article will be met after the completion
of any one phase, and that the development could properly function
without the construction of additional phases.
H.
Landscaping plan. An application for an open space development involving
over 10 acres shall include a landscape planting and preservation
plan prepared by a registered landscape architect.
(1)
Such plan shall show the locations, general species and initial
sizes of landscaping to be planted within the preserved open space
and throughout the tract.
(2)
Such plan shall also show that existing substantial healthy
trees will be preserved to the maximum extent reasonable. The methods
to ensure preservation during construction shall be described.
(3)
Landscaping shall also be used as appropriate to filter views
of denser housing from any adjacent housing that is less dense.
A.
Setbacks. No new building (except an accessory storage shed with
a floor area of 150 square feet or less), new or expanded vehicle
parking, or business outdoor storage shall be located within 50 feet
from the top of the bank of a perennial creek. This minimum setback
shall be increased to 75 feet from the top of the bank of a perennial
creek within the AR and CO Zoning Districts. A perennial creek shall
be defined as a waterway shown as a perennial creek on the United
States Geological Survey quadrangle maps.
[Amended 11-20-2007 by Ord. No. 07-01]
B.
Standards. To the maximum extent feasible:
(1)
Any street or driveway crossing of a perennial creek shall be
approximately perpendicular to the creek.
(2)
Existing healthy natural vegetation adjacent to a creek should
be preserved.
(3)
Areas within the setback established by this section shall be
preserved in their natural state, except for: planting of trees and
shrubs, erosion control improvements, public recreation improvements
and necessary utility, street and driveway crossings. Low-maintenance
landscaping is encouraged along creeks and other areas where maintenance
would otherwise prove difficult.
C.
Vegetation. Where the majority of the existing trees and/or shrubs are removed from areas within the setback distance provided by § 203-312A as part of, or in preparation to, a subdivision, land development or construction of a new building, then new trees and shrubs shall be planted and maintained that will have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.
(1)
Publications of the Pennsylvania Department of Conservation
and Natural Resources (including "Stream ReLeaf") and/or the Chesapeake
Bay Commission shall be used as standards for the planting of the
buffer. These publications include recommended species. Native species
of vegetation shall be used. If trees and plants do not survive, they
shall be replaced within 100 days afterwards by the current owner
of the property.
A.
Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
B.
Applicability.
(1)
The transfer of development rights shall only officially occur
at the time of final approval of a subdivision or land development
plan or a conditional use approval. The approval of a preliminary
plan shall be conditioned upon compliance with this section. As part
of a preliminary and final plan application, the applicant shall present
a draft conservation easement on the "sending property" and a written,
signed and notarized agreement by the owner of the "sending property"
acknowledging and agreeing to the application.
(2)
The conservation easement shall be drafted so that it is binding
if the "receiving property" is granted final subdivision or land development
plan approval. The conservation easement shall be recorded at the
same time as, or prior to, the final plan for the receiving property.
(a)
If a final plan is recorded in phases, then the conservation
easement may be recorded in corresponding phases.
(3)
The form of the conservation easement shall be acceptable to
the Board of Supervisors, based upon review by the Township Solicitor
and Planning Commission. The term "conservation easement" shall include,
but not be limited to, an agricultural conservation easement. In the
case of agricultural land, the standard language for an agricultural
conservation easement used by the County Agricultural Land Preservation
Board may be utilized.
(4)
A sending property shall be within the CO, AR or R-1 District.
A sending property shall have a minimum lot area of 10 acres.
(5)
A receiving property shall be within the R-1 or R-2 District.
(6)
The owners of the sending and receiving properties shall voluntarily
commit to participate in the transfer of development rights. Once
such conservation easement is established, it shall be binding upon
all current and future owners of the sending property. The applicant
for the receiving property is responsible to negotiate with, and pay
compensation to, the owner of the sending property for the conservation
easement. Such transaction shall occur privately, and the value shall
be determined by the private market. The Township is under no obligation
to pay the owner of the sending property, unless the Township purchases
the development rights.
(7)
Donations or intermediaries. The right to develop a sending
property may be purchased by or donated to the Township, a Township
Authority, the county or an established incorporated nonprofit organization
whose mission includes preservation of agricultural land or natural
features. A permanent conservation easement shall be established on
the sending property at the time of such purchase or donation. In
such case, the right to develop such dwelling units may be held for
a maximum of 10 years, before being used on a receiving property(ies).
C.
RECEIVING PROPERTY
SENDING PROPERTY
Definitions.
A lot(s) that is approved to permit a higher density than
would otherwise be permitted as a condition of the restriction of
development on sending property.
A lot(s) or portion of a lot that is restricted by a conservation
easement or farmland preservation easement as a condition of approval
of a higher density on the "receiving property" than would otherwise
be permitted.
D.
Determination of density.
(1)
Yield plans shall be presented by the applicant. One yield plan
shall be presented for the receiving property and one for the sending
property. Such yield plans shall be a level of detail typically found
in a sketch plan, including showing potential lots and roads, steep
slopes, 100-year floodplains and suspected wetlands. Such yield plans
shall estimate the number of new dwelling units that could be lawfully
constructed on each property under Township regulations without any
transfer of development rights. Detailed septic perc tests are not
required for such sketches, but new septic systems shall not be assumed
to be possible in areas with severe soil and slope limitations.
(2)
Such yield plans shall be reviewed by the Zoning Officer, with
advice by the Township Engineer, to determine whether each represents
a reasonably accurate estimate of the number of dwelling units possible
on each site, both physically and legally. If such estimates are determined
to not be accurate, the applicant shall be required by the Zoning
Officer to revise such yield plan until it is accurate.
(3)
Based upon the yield plans, permission to develop the allowed
number of dwelling units may be transferred from the sending property
to the receiving property.
(a)
For each dwelling unit that would have otherwise been allowed
on the sending property, one additional dwelling unit may be approved
on the receiving property.
(b)
If one or more lots each include less than one acre of lot area
and are not served by Township-approved central sewage service, such
lots shall not be used to transfer density.
(c)
If, for example, the yield plan determines that 10 new dwelling
units would be allowed under current zoning on the sending property,
and the sending property will be preserved by a conservation easement,
then the right to develop 10 additional dwelling units shall be transferred
to the receiving property.
(d)
The development of the receiving property shall still comply
with all other requirements of this chapter, except for the maximum
density, which shall be regulated by this section.
(4)
A partial transfer of the allowed dwelling units shall also
be allowed, depending upon the amount of land affected by the permanent
conservation easement.
(a)
For example, if under current zoning, five dwelling units would
be possible on the western portion of a lot and six dwelling units
on the eastern portion, the owner may choose to transfer the right
to develop five dwelling units by placing a permanent conservation
easement on the western portion. The owner would then still have the
right to develop the eastern portion under the zoning in effect at
the time of a future development application for that eastern portion.
(b)
If only a portion of a lot would be affected by the conservation
easement, the applicant shall prove that the conservation easement
would permanently preserve a contiguous area of rectangular (or similar
regular) shape that would relate to the number of dwelling units that
would otherwise be allowed on such portion of the lot.
(c)
Where a conservation easement would be established in phases
over time, each phase shall be contiguous with a previous conservation
easement, unless the applicant proves to the satisfaction of the Board
of Supervisors that there is a valid public purpose for the easement
to not be contiguous.
(5)
The receiving property shall be permitted to include the increased
total number of dwelling units above the number that would otherwise
be permitted, as approved by the Township based upon the yield plan.
(6)
The development of the receiving property shall comply with
all other requirements of this chapter, except that the following
requirements shall be reduced, provided the maximum overall density
for the TDR is not exceeded:
(a)
For a receiving property within the R-1 District, for single-family
detached dwellings, a minimum lot area of 12,000 square feet and the
minimum lot width shall be 90 feet shall apply, provided both central
sewage and central water services are provided.
(b)
For a receiving property within the R-2 District, for a single-family
detached dwelling, the minimum lot area shall be reduced to 8,000
square feet, and the minimum lot width may be reduced to 60 feet.
(c)
For a receiving property within the R-2 District, for other
allowed dwelling types, the minimum average lot area per dwelling
unit shall be reduced to 6,000 square feet.
(7)
Utilities. To receive a transfer of development rights, any
lot that includes less than one acre per dwelling unit on the receiving
property shall be served by Township-approved central sanitary sewerage
service and central water service.
(8)
The transfer of development rights shall not be combined with
reduced lot sizes and other incentives concerning open space development
or traditional neighborhood development.
E.
Once a conservation easement is established under a transfer of development
rights, it shall be permanent, regardless of whether the receiving
property is developed. The approval to develop the receiving property
in a higher density shall be treated in the same manner as any other
final subdivision or land development approval. The Board of Supervisors
may extend time limits to complete the development of the receiving
property in response to a written request.
(1)
If an approved development on the receiving property is not
completed, the Township may allow a new development application to
be submitted to use such transferred number of dwelling units on the
same area of land. In such case, the number of additional dwelling
units that are allowed shall be added to the number of dwelling units
that would be allowed under the Township ordinances in effect at the
time of the new development application.
A.
Purposes. Traditional neighborhood development ("TND") is primarily
intended to:
(1)
Encourage new development to occur in a manner that will be
consistent with the traditional patterns and scale of development
and mix of uses that occurred in the region before 1946;
(2)
Promote a mix of diverse but compatible types of neighborhood
development;
(3)
Avoid development that would be inconsistent with the character
of the community, and could cause inefficient patterns of sprawled
development;
(4)
Encourage a blending of recreation areas, preserved natural
features, compatible institutional uses, and a mix of housing at a
medium density, including housing intended to be affordable to middle-income
persons;
(5)
Provide for reasonably safe and convenient pedestrian, bicycle
and vehicle circulation, with an emphasis on avoiding conflicts between
vehicles backing out of garages across sidewalks;
(6)
Encourage persons to live, work, shop, attend religious services
and enjoy recreation within the Township;
(7)
Encourage the creation of a sense of place, feelings of belonging
and a community spirit that promotes social interaction and volunteerism;
(8)
Encourage the location of principal nonresidential uses with
distinguished architectural features at prominent locations around
a Central Commons, to serve as a focal point for the development;
(9)
Serve the purposes for traditional neighborhood development
as listed in the State Municipalities Planning Code, as amended;
(10)
Allow a TND under this set of development standards to have
a higher density and a wider range of uses than would otherwise be
allowed, in return for a higher level of site design and preservation
of common open space land; and
(11)
Promote the placement of new single-family detached dwellings
abutting preexisting single-family detached dwellings on abutting
lots, when feasible.
B.
Applicability. The TND Overlay District is shown on the Zoning Map. Within the TND Overlay District, in addition to development allowed under the conventional underlying zoning district, an applicant shall also have an option of developing a TND under the provisions of this § 203-314. A TND shall be permitted by right within the TND Overlay District. If an area of land is not within the TND Overlay District, then an applicant may request that the Board of Supervisors consider a zoning map amendment to add the TND Overlay District to that land area.
(1)
If an applicant chooses to utilize these TND provisions, then all of the requirements of this § 203-314 shall apply. All of the provisions of this chapter and other Township regulations shall remain in full force, except for provisions modified by this § 203-314. Where § 203-314 and another Zoning Ordinance or Subdivision and Land Development Ordinance provision apply to the same matter, § 203-314 shall apply in place of that other provision.
(2)
Minimum tract size: 80 acres. However, if one TND has been approved
to include a minimum 80 acres, than an adjacent tract may have a minimum
tract size of 20 acres, provided that the second TND is designed to
be consistent with the first TND, including compatible architectural
standards with the first TND and a logical extension of streets. The
term "tract size" shall include the lot area of all lots prior to
subdivision and land development, but after deleting existing legal
rights-of-way of preexisting public streets.
(3)
Stub streets: Any TND shall be designed with stub street right-of-way
extending to the edges of the tract if the Township determines that
there is potential for interconnected streets onto an adjacent tract.
The developer of the adjacent tract shall be responsible to fund the
completion of the construction of such street extensions at the time
they would be needed. Until such time, the stub right-of-way shall
be maintained in vegetative ground cover. Any TND shall be designed
with streets that can be interconnected with adjacent lands to the
maximum extent feasible and desirable, in the determination of the
Township.
(4)
Master plan: The TND shall be developed following a single master
plan. Consistent with final plan approvals, individual portions of
the TND may be owned and constructed by different entities, provided
there is compliance with the overall master plan and the phasing plan.
C.
Master plan for a TND.
(1)
Before any use is approved or lot is subdivided for a TND, the
applicant shall submit and have approved an overall master plan. Such
master plan shall be submitted as part of or prior to a preliminary
plan submission for a "traditional neighborhood development." Such
master plan should address coordinated vehicle access from all adjacent
land owned, equitably owned or otherwise controlled by the applicant.
If the applicant's land extends into an adjacent municipality or zoning
district, then it is requested that the master plan also show such
area to plan for a coordinated road and infrastructure system.
(a)
The master plan shall be fully coordinated with any existing,
proposed or approved development on adjacent land, including providing
for pedestrian and bicycle access to adjacent tracts.
(b)
Landscaped open space and recreation areas shall be interspersed
within the TND. Pedestrian and motor vehicle routes shall be laid
out to complement the interaction between the commercial core of the
TND and residential areas.
(2)
The Overall master plan shall show proposed streets, alleys,
cartway widths, approximate lot lines and dimensions, common open
spaces, recreation areas, major pedestrian and bicycle pathways, parking
areas, major detention basins and proposed types of housing and nonresidential
uses. The master plan shall designate certain areas for primarily
commercial development, certain areas as preserved open space, and
certain areas for various types and densities of residential development.
The intent is to have the higher density areas closer to the proposed
commercial core, and lower residential densities adjacent to preexisting
single-family detached housing developments on adjacent lots.
(3)
The master plan and application for the traditional neighborhood
development shall be reviewed by the Township Planning Commission
and the Board of Supervisors. After any modifications, the master
plan shall become part of the approved preliminary plan under the
Subdivision and Land Development Ordinance. Once preliminary plan
approval is granted for the traditional neighborhood development,
then individual lots may be submitted for final plan approval under
the Subdivision and Land Development Ordinance, and uses allowed by
this section may occur as permitted by right uses.
(a)
The master plan is not required to include the same level of
engineering detail as a preliminary subdivision plan. Stormwater calculations,
construction details, erosion and sedimentation control plans, profiles
and similar engineering details are not required at the master plan
stage. The master plan shall include sufficient information to accurately
show existing conditions and the proposed layout of the homes, nonresidential
uses, lots, open space and streets.
(4)
Changes to the master plan may occur, provided there is compliance
with Township Ordinances. The Township may require that a revised
preliminary subdivision or land development plan be submitted and
approved if there are substantial changes from the previously approved
preliminary plan.
(5)
The master plan shall designate various areas of the TND for
various types or ranges of uses and types of housing. The intent is
to have most business uses and denser housing clustered at one area
of the development. The intent is to have less-dense housing towards
the perimeter of the TND, particularly adjacent to preexisting single-family
detached housing that is outside of the TND.
D.
Overall requirements. A TND shall meet all of the following requirements:
(1)
The existing street system shall be extended into the new development,
to the maximum extent feasible. Streets shall be interconnected through
the development. The development shall have a central focal point,
such as a central commons, park, commercial area that is similar to
a historic main street and/or allowed institutional building. Streets
or trails should lead towards this focal point.
(a)
A cul-de-sac street shall be permitted only where the applicant
proves that there is no reasonable alternative. Street linkages shall
be provided to allow connections with future phases of development
or adjacent tracts. Where direct street access is not practical between
two areas, then the Township Board of Supervisors may require the
provision of bicycle and pedestrian access using an easement.
(2)
A minimum of 60% of the dwelling units shall have access to
a front door accessing onto an unenclosed front porch with a minimum
depth of five feet and a minimum length of eight feet. Such porch
shall be covered by a permanent roof. Such porch shall not be enclosed,
now or in the future.
(a)
A minimum of 50% of single family dwelling units at the intersection
of two or more public streets shall have a porch that wraps around
the front and side of the dwelling, or shall have separate front and
side porches facing onto the streets.
(3)
The applicant shall prove that proper site planning and architectural design will be used to minimize visual impact of garages and garage doors as viewed from the front of the lot. A minimum of 50% of the dwelling units shall not have garage doors for two or more motor vehicles facing onto a street at the front of the dwelling. The placement of garages along rear or side alleys or to the rear of the lot with a side driveway is encouraged. No garage shall be located with a smaller setback from the front lot line along a street than the living quarters of the dwelling. For single-family detached dwellings that have a front facing garage, the garage should be setback a minimum of 20 feet greater than the front of the dwelling. No garage or carport shall be permitted within five feet from the right-of-way of an alley. (However, on-street parallel parking may be approved along an alley under other provisions of this § 203-314.)
(a)
Garage doors shall not make up more than 50% of the front street
level of the facade of a dwelling. Driveways and off-street parking
spaces shall not make up more than 50% of the land area of the front
yard between the front of a dwelling and the street right-of-way.
(b)
All streets and alleys shall have a right-of-way, whether public
or private.
(c)
See § 203-314I, which allows on-street parking to be counted towards off-street parking requirements. To the maximum extent feasible, vehicle parking, carports and garages shall be placed to the rear or side of lots, preferably with rear or side access. For example, the following alternative methods of providing parking are permitted and encouraged:
[1]
A rear landscaped shared parking court or shared carport structure;
[2]
A garage placed towards the rear of the lot, with a side driveway
that is of minimal width within the front yard and then widens in
front of the garage;
[3]
A detached rear garage or rear individual parking pad or side-entry
garage accessed from a rear alley or side street;
[4]
Decks built to extend over garages or over driveways leading
to garages; or
[5]
A landscaped shared parking court connected to a street, provided
that parked vehicles do not need to back out onto a through-street
and provided that all paving is setback a minimum of 20 feet from
any dwelling (other than a front porch).
(d)
If driveways pass through the front of the lot (such as to reach
detached rear garages), then it is encouraged to place driveways of
adjacent dwellings immediately adjacent to each other. This would
allow the driveway on each lot to be more narrow than would otherwise
be possible. However, each property owner shall still be responsible
for their own half of the driveway, and each half shall be wide enough
to allow a passenger car to travel on each lot. As an alternative,
the Township may approve shared driveways with maintenance by a legally
binding homeowners' association.
(4)
All principal buildings shall have a minimum roof pitch of 4/12
or have the appearance of such a roof pitch as viewed from the street,
except a flat roof may be approved for townhouses or connected commercial
buildings if the buildings have a decorative cornice. Variations in
rooflines are specifically encouraged.
(5)
Sidewalks or other Township-approved pedestrian pathways shall
be provided along both sides of each street, unless a modification
or waiver is granted in writing by the Board of Supervisors under
the Subdivision and Land Development Ordinance. The width of sidewalks
shall be a minimum of eight feet along a commercial main street (which
may include street tree wells) and a minimum of five feet in other
locations.
(a)
A sidewalk in a commercial main street area shall be constructed
primarily of decorative masonry or material that has the appearance
of decorative masonry. This may include interlocking brick pavers
or concrete pavers or patterned concrete that has the appearance of
brick. The use of dry laid pavers on a suitable subsurface of concrete,
sand or stone and stone dust is encouraged.
(b)
Pedestrian crosswalks shall be provided in the commercial main
street area using materials and colors that visually distinguish the
crosswalk from the street surface and that include some texture. The
use of pavers, patterned concrete or stamped textured asphalt is encouraged.
(c)
The materials, depths and cross sections of the sidewalks and
crosswalks shall be subject to approval by the Township, after review
by the Township Engineer.
(6)
Commercial. Allowed commercial uses and their parking areas
shall occupy a minimum of 5% and a maximum of 15% of the total land
area of the traditional neighborhood development. This percentage
may be increased to 20% if the commercial area will be adjacent to
an arterial street. No such maximum percentage shall apply in portions
of a TND that are within a commercial district. A principal commercial
use shall be set back a minimum of 200 feet from any dwelling outside
of the TND that existed at the time of the enactment of this section.
(a)
If a new TND is proposed adjacent to a previously approved TND,
and if the first TND included a commercial area, then the second TND
is not required to include commercial uses.
(b)
Off-street parking for a commercial use shall not be located
between the commercial use building and the front lot line along a
street. Off-street parking shall be located to the side or rear of
a commercial building.
(c)
The majority of commercial uses shall be placed in a Main Street
style commercial area, with the businesses fronting upon a through
street, and with parking being on street or to the rear or side of
the businesses. Buildings in commercial areas of the TND are encouraged
to have dwelling units or offices placed above first-floor commercial
uses.
(d)
Bulb-out curbs, raised textured crosswalks and similar traffic
calming measures are encouraged to be used in the main street area.
(7)
Housing types.
(b)
Any new dwelling units located within 150 feet from a single-family
detached dwelling that existed or approved outside of the TND at the
time that the TND Overlay District was applied to the subject tract
shall be a new single-family detached dwelling. If such existing single-family
detached dwelling is on a lot of over 20,000 square feet, then any
new dwellings built within 150 feet of such dwelling area shall have
a minimum lot area of 8,000 square feet. The Township may require
that a twenty-foot-wide planting area with a naturalistic mix of deciduous
canopy trees, flowering trees, evergreen trees and shrubs be planted
along the perimeter of the TND tract where there are concerns about
compatibility with the adjacent uses. Such planting area may overlap
a rear yard, but shall be free of buildings and fences.
(c)
A minimum of 30% of the dwelling units shall be single-family
detached dwellings.
(8)
Any alleys shall be designed to discourage through traffic.
All streets, whether public or private, shall be constructed following
Township roadbed specifications for a public street. Any alley shall
be constructed with six inches of crushed stone, two inches of BCBC
and one inch of binder course, unless a modification is granted by
the Board of Supervisors.
(a)
Alleys shall have a minimum paved width of 12 feet if limited
to one-way traffic and 16 feet if allowing two-way traffic. Additional
width shall be required if any parallel parking is provided. The right-of-way
for an alley shall be at least four feet wider than the cartway (two
feet on each side of the cartway). An alley shall have adequate sight
distance at all corners and intersections of alleys.
(b)
Any alleys shall be maintained by a legally binding homeowners
association, at no expense to the Township.
(9)
New streets shall be sufficient in width to allow on-street
parking along at least one side of each street, and to provide room
for bicycle riding, unless a separate bicycle pathway is provided.
The Township may require a prohibition of parking on one side of a
street if the street does not have sufficient width for parking on
both sides.
(10)
Any commercial uses that are developed shall be located in an
area that is adjacent to a street that is similar to a traditional
main street of a historic borough or a Central Commons that is immediately
adjacent to such a street. One or more prominent sites adjacent to
a Central Commons should be proposed for a principal nonresidential
use. The subdivision approval for the traditional neighborhood development
may allow for two or more alternative uses for certain sites, to allow
a developer with reasonable flexibility to attract different uses.
(11)
Public transit. An applicant for a Traditional Development Neighborhood
shall provide evidence that they have contacted the provider of public
transit services and requested the provision of service to the development
once it is significantly complete. If public transit service is intended
to eventually be provided, the applicant shall show that provisions
have been made for convenient public transit stops. The Township may
require the applicant to construct one suitable shelter for persons
waiting for a public bus. The applicant shall also contact the school
district and request comment about appropriate school bus stops within
or adjacent to the TND.
(12)
Streetlights. The applicant shall install streetlights meeting
minimum requirements of the Township and the electric provider. Such
streetlights shall be of sturdy construction, have a decorative design
similar to designs used more than 50 years ago, be dark in color (such
as black, dark gray or dark green), and have a maximum total height
of 22 feet. Streetlights shall be provided at all street intersections
and at other locations approved by the Township as part of the subdivision
and land development approval process.
(13)
Architecture. The intent is to have unified and consistent architectural
styles, while avoiding monotony. The applicant shall establish legally
enforceable provisions controlling the styles of architecture, rooflines,
porches and the general types of exterior materials in such as manner
as to incorporate the best features of traditional architecture commonly
found in boroughs and villages in Pennsylvania, unless the applicant
proves to the satisfaction of the Board of Supervisors that a more-contemporary
architectural design would be appropriate. Such features shall include
front porches on most dwellings, landscaped front yards, nonprominent
garage doors, varied rooflines and use of masonry on most facades.
The emphasis shall be upon sides of a building visible from a street.
(a)
Such provisions shall be approved and sealed by a registered
architect. The substance of such draft provisions shall be provided
to the Township in writing for review at the time of preliminary subdivision
submission. Such provisions shall be subject to approval by the Board
of Supervisors as a condition of final subdivision and land development
approval. Any future substantive changes to the architectural provisions
established under this section shall require approval by resolution
of the Board of Supervisors.
(b)
Such provisions shall not be designed to require excessive uniformity
in design, nor to restrict home purchasers to a single design, but
instead to encourage high-quality design with a consistent character.
Such provisions shall limit monotony and excessive modernity in architectural
design. Standards should also be established for the design of fencing.
(c)
The architectural provisions shall promote the use of display
windows facing onto the public street on a majority of commercial
principal buildings in the development. Blank walls without window
and door openings shall be avoided facing onto a public street. Where
window openings are not feasible, then enclosed display windows may
be used.
(d)
The Township may require that some or all of the architectural
provisions be recorded and/or be included in a development agreement
with the Township. The Township shall have the authority to ensure
that a system continues to be in place to enforce the architectural
provisions that were required by the Township. However, the Township
shall accept no responsibility to directly enforce private deed restrictions
upon individual properties.
(e)
The architectural provisions shall promote use of front or side
porches, and be designed to minimize the visual impact of garage doors
as viewed from a street.
(f)
The architectural provisions shall require use of decorative
masonry, or materials with a closely similar appearance, on specified
minimum percentages of the front facades of a majority of the principal
buildings in the development. A maximum of 40% of the dwelling units
shall have a front facade that is composed primarily of vinyl siding.
(g)
The architectural provisions shall promote varied rooflines,
overhangs and/or setbacks along attached dwelling units.
(h)
The architectural provisions shall promote the use of architectural
detailing and features, such as decorative porches, decorative cornices,
shutters on multiple principal buildings in the development.
(i)
The architectural provisions shall address the locations of
front doors, particularly to ensure that most dwellings and business
uses have a front door facing onto a street at the front of the building.
(j)
Buildings of over 150 feet in length shall be designed to have
the appearance of smaller connected buildings.
(k)
Such provisions shall address minimum sizes of street level
front windows, roof pitches as viewed from the street, siding materials,
porches, front stoops, front awnings, screening of rooftop mechanical
equipment and similar matters. Such provisions shall also address
allowed materials for fences visible from a street.
(14)
Utility meters. Utility meters larger than 100 square inches
each shall not be attached to the front of a dwelling in a manner
that makes them highly visible from a street. If utility meters are
attached to the front of the dwelling, they should have colors similar
to adjacent building materials and/or should be screened by landscaping.
E.
Allowed uses.
(1)
The following uses shall be allowed within an approved traditional
neighborhood development, provided all the uses are consistent with
the overall master plan:
(a)
Single-family detached dwellings.
(b)
Twin dwellings, side-by-side, with each dwelling on its own
fee-simple or condominium lot.
(c)
Townhouses, with each dwelling on its own fee-simple or condominium
lot.
(d)
Places of worship*.
(e)
Public transit passenger shelters.
(f)
Library, community center, post office* and museum*.
(h)
Nursing home* or assisted living/personal care center*, which
shall not exceed 10% of the total tract area of the development.
(i)
Offices*.
(j)
Meeting facility for a membership club*.
(k)
Retail store*, art gallery*, farmers market*, financial institution,*
personal service use*, or restaurant,* with each establishment limited
to a maximum floor area of 10,000 square feet. Outdoor cafes* are
encouraged and may extend onto a sidewalk, provided that a minimum
four-foot-wide pedestrian pathway is maintained. Drive-through facilities,
fuel sales and "adult uses" are prohibited in all cases, except that
a financial institution may include a drive-through.
(l)
Exercise club* or hotel/bed-and-breakfast inn with a maximum
of 30 guest rooms*
(m)
Apartment dwelling units may only be allowed above a street-level
commercial use or where allowed under Subsection E(1)(s) below, and
may only be allowed in areas designated for such uses in the approved
master plan. These dwelling units may be designed as "live work units"
that encourage a person to work on the first floor and live in the
upper stories.
(n)
Indoor or outdoor noncommercial recreation facilities owned
by the Township or a property owner association.
(o)
Preserved open space or a nature preserve.
(p)
Golf course with a minimum acreage of 50 acres.
(q)
Major and minor home occupations and accessory uses shall be
addressed in the same manner as the underlying zoning district, except
that a major home occupation shall be permitted by right in an area
of the TND that is approved by the Township for commercial uses.
(r)
A second dwelling unit in an allowed single-family detached
dwelling building or above the garage of a single-family detached
dwelling, provided:
[1]
No more than 5% of such dwellings shall have a second dwelling
unit;
[2]
The locations of the lots allowed to have a second dwelling
unit shall be designated on the master plan; and
[3]
The second dwelling unit shall not include more than 1,000 square
feet of habitable indoor floor area and shall not include more than
two bedrooms.
|
*
|
Uses marked with an asterisk shall only be permitted adjacent
to or within 200 feet from a Central Commons within a TND or along
a traditional downtown-style main street, unless the uses are placed
within a rehabilitated historic building. Business buildings shall
have their main pedestrian entrance facing a street or a Central Commons.
No outdoor commercial storage shall be permitted unless it is completely
screened by landscaping and/or buildings.
|
F.
Preserved open space.
(1)
A minimum of 20% of the total lot area of the tract shall be
permanent preserved open space.
(a)
The minimum amount of preserved open space shall be reduced
from 20% to 15% of the total lot area of the tract if the applicant
commits to construct and continue to provide a minimum of three of
the following types of recreational facilities, and provided such
facilities are available at a minimum for use of the residents and
their invited guests with no charge that exceeds the costs of operating
and maintaining the facility. A minimum of one of the three recreation
facilities shall be a community center with a minimum floor area of
2,500 square feet built around an ADA-accessible meeting room for
community meetings and social events. That community center may be
temporarily used as a sales office until the TND is completed, and
may also include a property owners' association office.
[1]
2 golf putting greens.
[2]
2 regulation-sized tennis courts.
[3]
One full or two half basketball courts.
[4]
An outdoor amphitheater that allows seating by a minimum of
100 people and is used for outdoor music concerts, at a minimum, and
which does not involve shows with a mandatory admission charge.
[5]
A swimming pool.
[6]
A roofed picnic pavilion with tables and seating for a minimum
of 40 persons.
[7]
A fitness center with a variety of exercise machines.
[8]
An open grass generally level play field with a minimum length
of 100 feet and a minimum width of 50 feet that allows for unscheduled
informal sports by young persons.
[9]
An improved area near the commercial main street area that is
suitable for special events, including both hard-surfaced and landscaped
areas and benches.
[10]
A decorative water fountain or waterfall of sufficient
size and scope so as to be a focal point of the community, located
at or near the commercial main street.
(b)
A minimum of 25% of the required preserved open space shall be in an interconnected area that is linked together with a looping recreation trail. The preserved open space shall meet the definition of "open space, preserved or common" in § 203-202.
[1]
SALDO. This open space requirement shall be in place of any
recreation land or fee requirements in the Subdivision and Land Development
Ordinance, provided that a minimum of 50% of the required preserved
open space is improved for active and passive recreation purposes
that is open to use by the residents of the TND, at a minimum. A payment
of a fee in lieu of providing open space required by this section
shall not be allowed for a TND.
[2]
A landscaping plan for the preserved open space shall be prepared
by a registered landscape architect.
(c)
A minimum of 25% of the required preserved open space shall
be composed of the following areas when added together: landscaped
central commons, squares, greens or similar areas suitable for at
least passive recreation and that each include walkways/paths and
trees.
(2)
At least a portion of the preserved open space shall be provided
within at least one Central Commons with a minimum lot area of 20,000
square feet.
(a)
The majority of the Central Commons should be planted so as
to eventually result in a canopy of deciduous trees over areas of
the Commons that are not planned for active recreation. Existing trees
may be retained to serve the same purposes, if found acceptable by
the Township Shade Tree Commission.
(b)
The required Central Commons shall have a minimum width and
minimum length of 60 feet.
(c)
The required Central Commons shall include benches of durable
construction and hard surface pathways. The majority of the pathways
in a Central Commons shall be ADA-accessible.
(3)
Stormwater detention basins and drainage channels shall not
be used to meet the minimum common open space requirements, except
for areas that the applicant proves to the satisfaction of Township
Board of Supervisors would be able to be attractively maintained and
be usable for recreation during the vast majority of weather conditions
or that would have the appearance of a natural scenic pond.
G.
Dimensional requirements.
(1)
Single-family detached dwellings:**
(a)
Minimum lot area: 5,000 square feet. See provisions in Section
314.D.7. that require larger lot sizes adjacent to certain pre-existing
single-family detached dwellings.
(b)
Minimum lot width at the minimum building setback line: 40 feet,
except 50 feet if garage door(s) for two or more vehicles will face
the front of the dwelling along a street.
(3)
Townhouse dwelling unit:**
(a)
Minimum lot area: 2,000 square feet.
(b)
Minimum dwelling unit width at the front of the enclosed dwelling
unit: 18 feet, except 24 feet if garage door(s) for two or more vehicles
will face onto the front of the dwelling along a street.
(c)
Maximum number of connected townhouse dwellings: eight.
(d)
Minimum separation distance between each set of townhouses:
20 feet.
(4)
Principal nonresidential use (a lot may include more than one
allowed nonresidential use, and within Township-approved commercial
areas, principal buildings with a first-floor business use may be
attached to each other and may include upper story dwelling units):
(5)
Maximum building coverage for each phase of the TND after completion:
40%.
(6)
Building setbacks/yards** (along a street, minimum yards shall
be measured from the proposed future/ultimate right-of-way):
(a)
Front yard and side yard from a local street: minimum five feet,
maximum 30 feet from a new local street.
(b)
Front yard or side yard from a collector street: minimum 10
feet, maximum 35 feet from a new collector street.
(c)
Any yard from an arterial street: minimum 30 feet, except minimum
of 10 feet if the arterial street is integrated into the commercial
portion of the development.
(d)
Side yards: minimum five feet each, except zero where buildings
are approved to be attached. Commercial buildings shall be allowed
to be attached to each other within the approved commercial portion
of the development. Each twin dwelling unit shall have one side yard,
while a side yard shall be required for each end townhouse unit. A
detached garage located to the rear of the lot shall have a minimum
side yard setback of three feet. If a garage is only connected to
a dwelling by a breezeway, it may be considered to be attached or
detached by the applicant for the purposes of meeting setback requirements.
[1]
For a detached principal building, the subdivision plan may
be approved with one side yard wider than the other to allow wider
use by the residents of the larger side yard and/or to provide for
a side driveway to rear parking. In such case, one side yard may be
a minimum of three feet, provided the total width of the two side
yards equals a minimum of 10 feet.
(e)
Rear yard for a principal nonresidential building: minimum 30
feet.
(f)
Rear yard for a vehicle garage serving a dwelling or a dwelling
unit that is allowed to be above a garage: minimum of five feet. A
deck attached to a dwelling may extend into the rear yard and may
extend over a vehicle garage, provided the deck is not enclosed.
(g)
Each dwelling unit, other than an apartment, shall have a minimum
of 300 square feet of usable outdoor space for the exclusive use of
the residents of that dwelling unit. If a single-family detached dwelling
is allowed to have an accessory dwelling, then the two dwellings together
shall provide 300 square feet of such outdoor space. Such outdoor
private space may be a yard, garden, patio, porch or unenclosed deck
or a combination of such features. Measures shall be used to provide
some measure of privacy for residents in rear yards, such as use of
decorative walls, fencing, berming, latticework, awnings or landscaping.
(i)
Swimming pools and accessory buildings that are not vehicle
garages shall have a minimum side yard and rear yard setback of three
feet.
(j)
A maximum of 20% of the single-family detached, twin or townhouse
dwelling units are not required to have a minimum lot width directly
along a street-right-of-way, provided each dwelling unit:
(k)
A maximum of five feet of the required front yard setback may
be used for an unenclosed front porch, stoop, steps, handicapped ramp,
awning, or canopy.
|
**
|
In place of individual fee-simple lots meeting these dimensional
requirements, an applicant may choose to utilize a condominium form
of ownership. In such case, the lots shall be laid out so that the
dimensional and coverage requirements would be physically able to
be met as if the dwellings were on fee-simple lots. However, for a
condominium development, the actual lot lines do not need to be legally
established.
|
(7)
Parking setback. No parking area of five or more spaces shall
be located within 30 feet from a contiguous lot line of a dwelling
that is outside the perimeter of the TND and that existed prior to
the enactment of this section.
(8)
Maximum overall density. The maximum overall density of the
traditional neighborhood development shall be determined as follows,
as calculated in acres (and decimals):
(a)
Start with the total land area of the development tract, after
deleting existing rights-of-way of existing streets.
(b)
Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15% to 25% from Subsection G(8)(a) above.
(d)
Multiply the resulting acreage by the following dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection G(9) below.
[1]
For acreage in the AR Agricultural Residential District: two
dwelling units per acre.
[2]
For acreage in the R-1 District: four dwelling units per acre.
[3]
For acreage in the R-2 District: six dwelling units per acre.
|
Note: This method of calculating density does not require the
deletion of stormwater detention basins, shared parking areas, new
streets, new preserved/common open space, new alleys or similar features.
Therefore, the actual density that could be achieved on a "net" piece
of land would be higher than the above numbers.
|
(e)
Each three beds in a nursing home or personal care center shall
be counted the same as one dwelling unit for the purposes of controlling
density.
(9)
Density bonuses:
(a)
As an option to the applicant, the applicant may apply for conditional use approval from the Board of Supervisors to approve the following increases in the maximum density provided in Subsection G(8) above. In such case, only the increase in density shall need conditional use approval.
[Amended 11-20-2007 by Ord. No. 07-01]
[1]
If the applicant proves that the architectural standards required by § 203-314D(13) will result in excellence in traditional architectural beyond the minimum requirements of this chapter, the maximum density may be increased by a maximum of 0.5 additional dwelling unit per acre.
[2]
The maximum density may be increased by a maximum of 0.5 additional
dwelling unit per acre if the applicant commits to provide a minimum
of 30% of the total tract area in common open space.
[3]
The maximum density may be increased by a maximum of 0.5 additional
dwelling unit per acre if the applicant commits to construct substantial
recreation improvements and landscaping beyond the amounts of landscaping
and improvements that would otherwise be required. The market value
of the additional recreational improvements and landscaping shall
exceed a minimum of $15,000 per each additional dwelling unit that
is allowed.
H.
Landscaping and street trees.
(1)
See § 203-804. A green area with a minimum diameter of 4.5 feet shall be provided to accommodate street trees between the curb and the sidewalk, unless an alternative location for street trees is specifically approved by the Township. Tree wells may be used. Areas that are between the dwelling and the street curb and that are not used for approved sidewalks shall be maintained in a vegetative ground cover and landscaping.
(2)
A minimum of one deciduous street tree shall be required for
an average of each 50 feet of street frontage on each side of each
existing or proposed street. A uniform separation is not required
between street trees. Such street trees shall have a minimum trunk
width when planted of two inches, measured five inches above the ground
level. The species shall be approved by the Township Shade Tree Commission.
(3)
The site design of a traditional neighborhood development shall
carefully consider and maximize the preservation of existing healthy
attractive trees with a trunk width of six inches or more, measured
at a height of 3.5 feet above the ground level.
(4)
A landscape planting plan shall be prepared by a registered
landscape architect. Such plan may specify a range of species in various
locations and may include typical planting locations without specifying
the exact location of each plant. Such plan shall state the minimum
initial sizes of landscaping. Such landscaping plan shall be offered
for review by the Planning Commission and Shade Tree Commission and
shall be approved by the Supervisors as part of the subdivision plan.
I.
Parking incentive. An applicant may meet a maximum of 50% of the
off-street parking space requirements of adjacent uses by counting
on-street spaces parallel to the curb along a local street or along
an alley. This provision shall be permitted only:
(1)
For spaces along the same side of a street along curb that is
directly contiguous to the set of lots being served, or a new alley
within a TND, and provided the spaces are within 200 feet of each
use they serve; and
(2)
If the applicant proves to the satisfaction of the Board of
Supervisors that the street or alley would be sufficiently wide to
allow the parking, and that there are no unusual safety hazards involved,
compared to typical on-street parking at other locations; and
J.
Deed restrictions/covenants. The applicant shall submit a written
statement of the proposed substance of deed restrictions or similar
controls that would affect matters addressed in this chapter.
K.
Association provisions. If applicable, a draft set of homeowner association
or condominium association provisions shall be submitted for legal
acceptance by the Township Solicitor prior to recording of the final
subdivision plan.
L.
SALDO and street standards. As authorized by the traditional neighborhood
provisions of the State Municipalities Planning Code, the Township
Board of Supervisors shall have the authority to modify specific street
and other requirements of the Subdivision and Land Development Ordinance,
without proof of hardship, in order to result in a development that
is pedestrian-oriented and that promotes low-speed traffic.
(1)
For example, the Board of Supervisors may approve reduced street
cartway widths, street right-of-way widths and street curve radii.
(2)
The Board of Supervisors may also defer certain submission requirements
from the preliminary to the final plan stage.
(3)
The applicant shall submit a request for modifications in writing,
which shall state the reasons why the modification would be consistent
with the purposes for a traditional neighborhood development as stated
in this chapter and the State Municipalities Planning Code and would
be in the public interest while protecting public safety.
(4)
The following street right-of-way and cartway widths shall be
allowed for new streets that are not dedicated to the Township or
the state, in addition to options that are allowed under the Subdivision
and Land Development Ordinance:
(a)
A street fronting upon commercial development with two-way traffic
may be constructed with two travel lanes of 12 feet each, diagonal
parking lanes of 18 feet each or eight feet wide parallel parking
lanes, a 4.5 feet wide planting area for street trees using tree wells
on each side of the street, pedestrian sidewalks on each side of the
street that are a minimum of eight feet in width (which may count
walkable parts of tree wells as sidewalks), and a right-of-way width
that extends a minimum of nine feet on either side of the curbline.
(b)
A street with two-way traffic that does not front upon commercial
development may be constructed with two travel lanes of 10 feet each
and eight feet wide parallel parking, a 4.5 feet wide planting strip
with street trees on each side of the street, pedestrian sidewalks
on each side of the street that are a minimum of five feet and a minimum
right-of-way width that extends a minimum of 9.5 feet on either side
of the curbline.
(5)
Any street within the TND Overlay District, whether public or
private, shall meet the same minimum construction material requirements
as any new street intended to be dedicated to the Township under Township
ordinances.
(6)
The development shall be subject to review by Township Fire
Officials to assist the Township in determining whether sufficient
access points, cartway widths and turning radii will be provided for
access by emergency vehicles and equipment.
M.
Access controls. The applicant shall prove that the development involves
a fully coordinated interior traffic access system that minimizes
the number of streets and driveways entering onto a State highway.
N.
Phasing. A phasing plan shall be submitted for the TND. The applicant
shall show that each phase of the TND would be able to function properly
and meet Township requirements if later phases of the TND are not
completed.
O.
Signs. For commercial uses, signs shall be allowed meeting the requirements
for signs in the CN district. However, no signs shall be internally
illuminated, and no freestanding sign shall have a height exceeding
eight feet.
A.
This § 203-315 provides a density bonus 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.) This provision shall not change the allowed dwelling types in the district. This option is available as a by-right bonus in any zoning district where dwellings are allowed.
B.
In order to be approved by the Township as age-restricted residential
Development, every dwelling unit (except one dwelling unit for one
manager) 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: 1) a minimum of one head of household of each dwelling
unit shall be age 55 years or older or who is physically disabled
as defined by Social Security disability regulations, and 2) no person
under age 18 shall live in the dwelling unit for more than 30 days
in any calendar year, unless such person has a disability as defined
under federal fair housing regulations. Any violation of such age
restrictions shall be a violation of this chapter. In addition, in
order to be approved as age-restricted development, the applicant
shall establish an appropriate legal entity, such as a property owners'
association that has the duty, authority and responsibility to enforce
such age restrictions over time. If a household met this requirement
at the time of initial occupancy, it shall not be required to move
in case of death, divorce or separation of a resident of that same
household.
C.
If an entire residential development is approved under this § 203-315, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this § 203-315. The minimum side yards may also be reduced by 15%. An age-restricted residential development shall meet all other requirements of Township ordinances, including limitations on the housing types allowed in that zoning district.
D.
This density bonus shall only be approved if the development includes
an appropriate system of sidewalks or pathways. At least one looped
portion of a pathway system shall have slopes and a surface that are
intended for use by older persons, with slopes consistent with the
Americans with Disabilities Act (ADA) or no more than 5%, whichever
is less.
[Amended 11-20-2007 by Ord. No. 07-01]
A.
Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
(1)
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
architectural resources.
(2)
Establish a clear process to review and approve demolition of
designated historic buildings.
(3)
Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings.
(4)
Implement Sections 603(b), 603(g), 604(1) and 605(2) of the
Pennsylvania Municipalities Planning Code 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.
(5)
Strengthen the local economy by promoting heritage tourism,
improving property values and increasing investment in older buildings.
(6)
Carry out recommendations of the Township Comprehensive Plan.
B.
Applicability.
(1)
This § 203-316 shall apply to any principal building within a V Village District, except for a building or building addition for which the Zoning Officer has knowledge that it was built after 1945. The applicant may provide evidence to the Zoning Officer that a building was built after 1945. This § 203-316 shall also apply to any principal building identified on the Historic Buildings Map as an historic building.
(2)
Any partial or complete demolition of a principal building regulated by this § 203-316 shall only occur in compliance with this section.
(3)
Demolition shall be defined as "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." A partial demolition shall include, but not be limited
to: removal of an attached porch roof, removal of porch columns and
removal of exterior architectural features.
C.
Historic Buildings Map. An Historic Buildings Map may be adopted
as part of this chapter, or a later amendment of this chapter.
D.
Approval of demolition.
(1)
A building regulated by this § 203-316 shall not be demolished, in whole or in part, unless the applicant proves to the satisfaction of the Board of Supervisors as a conditional use that one or more of the following conditions exists:
(a)
The existing building cannot feasibly and reasonably be reused,
and that such situation is not the result of intentional neglect or
demolition by neglect by the owner; or
(b)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created; or
(c)
The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by § 203-316. 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; or
(d)
The existing building has no historical or architectural significance
and the demolition will not adversely impact upon the streetscape.
To meet this condition, the applicant may present information concerning
the proposed design of any replacement building or use to show that
the proposed building or use will result in a net improvement to the
streetscape.
(2)
For approval of a demolition, the standards of this § 203-316 shall apply in place of the general conditional use standards. In reviewing the application, the Board of Supervisors shall consider the following:
(3)
A complete application for the demolition shall be submitted
by the applicant in writing. This application shall include the following:
(a)
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
(b)
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.
(c)
A site plan drawn to scale showing existing buildings and the
proposed demolition.
(d)
A written statement of the reasons for the demolition.
(e)
The proposed use of the site, and a proposed timeline for development
of that proposed use.
(4)
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused.
(5)
Emergency. The Zoning Officer may issue a permit for the demolition
without compliance with this section if the 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.
(6)
In the V District where new construction or vehicle parking
is proposed in place of the demolished building, information about
the proposed use shall be provided prior to approval of the demolition.
(7)
If a principal building is to be demolished, a performance bonding
shall be required to be posted to ensure that the site is adequately
cleared after the demolition, with proper disposal of debris.
(8)
A separate demolition permit shall also be required under the
Township Construction Codes, and the applicant shall prove compliance
with State Department of Environmental Protection requirements for
disposal of the debris.
E.
Exceptions. Conditional use approval shall not be needed for the
following:
(1)
Demolition of accessory buildings or structures.
(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 Township, provided that
the relocation does not result in a partial or complete demolition
that is regulated by this section.
A.
Impervious coverage. The maximum impervious coverage provided in § 203-307A may be modified as follows, if the flexibility is used to provide a substantial buffer adjacent to existing dwellings:
(1)
Within a subdivision or land development, the maximum impervious
coverages of certain individual lots may be approved to be a maximum
of 70%, provided that deed restrictions are put into place to restrict
the maximum impervious coverage of other lots to a lower percentage,
so as to ensure that a maximum impervious coverage of 60% is maintained
for the total land area of all lots. This provision is intended to
allow for substantial buffer areas adjacent to dwellings or for common
recreation areas.
(a)
For example by deed restrictions, one lot of two acres might
have a maximum impervious coverage of 75%, while another two acre
lot is approved with a maximum impervious coverage of 55%, resulting
in an average impervious coverage of 65%.
B.
Height. A maximum height of 60 feet or six stories, whichever is
more restrictive, shall apply if a BC District includes more than
10 contiguous acres. If a BC District includes less than 10 contiguous
acres, then a maximum height of 40 feet or three stories, whichever
is more restrictive, shall apply. Also, a maximum height of 40 feet
or three stories, whichever is more restrictive, shall apply for any
portion of a building that is within 100 feet from the lot line of
an existing residential use.
(1)
Customary extensions of a building that are not occupied by
persons may exceed this height limit, such as elevator equipment,
skylights, water towers, chimneys, smokestacks, parapet walls used
to screen mechanical equipment, and similar features.
C.
Landscaping and screening.
(2)
Planting strips shall be provided adjacent to each public street.
The planting strip shall have a minimum width of 30 feet adjacent
to the curbline of an arterial street and 15 feet adjacent to the
curbline to any other street. If curbing is not provided, then such
width shall be measured from the street right-of-way line. A sidewalk
of approved width and approximately perpendicular driveways of approved
width may be placed within this planting strip. The planting strip
shall be maintained in deciduous shade trees, shrubs and an attractive
vegetative ground cover.
(3)
As part of land development review for each new principal building,
a landscaping plan shall be submitted to the Township. A minimum of
20% of each lot shall be landscaped, which shall include grass or
other vegetative ground cover and an appropriate distribution of trees
and shrubs.
D.
Utilities. All new electric and telephone service lines within the
development shall be placed underground.
E.
Pedestrian access and amenities.
(1)
See the provisions of the Subdivision and Land Development Ordinance
regarding sidewalks along streets. An applicant may apply for a modification
under such ordinance to allow a bituminous asphalt bicycle/walking
trail in place of concrete sidewalks.
(2)
Consideration should be given to providing pedestrian routes
(such as crushed stone paths in areas that are not along a public
street) and outdoor lunch areas with picnic tables and trees within
a subdivision for the use of employees of businesses within the subdivision.
F.
Additional BC provisions.
(1)
Facade materials. It is strongly encouraged that a minimum of
75% of the facades of buildings facing onto streets consist of glass,
brick or other decorative masonry. This provision is intended to avoid
metal or cinder block construction, at least as visible from a street.
Subdividers are strongly encouraged to place such a requirement on
each lot through deed restrictions.
(2)
Landscaped front yards. Parking in the front yard should primarily
be used for visitor parking and handicapped parking. Other vehicle
parking should primarily be placed to the side or rear of buildings.
(3)
Loading docks. An applicant shall prove to the satisfaction
of the Township that loading docks have been located within reason
to seek to minimize their visibility from dwellings, public streets
and expressways. No loading dock routinely served by tractor-trailer
trucks shall be located within 75 feet of the existing right-of-way
of a public street.
(4)
Access. The Board of Supervisors may require that vehicle access
be provided using an alternative other than direct access from lots
onto Linglestown Road or another arterial street. These alternatives
may include, but are not limited to, access onto a street that is
perpendicular to Linglestown Road, access by multiple lots onto a
new interior street, use of a cross-easement from an adjacent nonresidential
lot, or another method that is not in conflict with minimum sight
distance requirements of the state. The Board of Supervisors may require
that a new lot, use or land development include a cross-easement and
an appropriate driveway design or a stub right-of-way to allow adjacent
lots to access an arterial street at an appropriate and coordinated
access point.
A.
Purposes. The V District is intended to serve the following purposes,
in addition to purposes described in the Comprehensive Plan and the
overall objectives of this chapter:
(1)
To promote traditional neighborhood development in village areas,
particularly to protect significant historic resources in accordance
with the traditional neighborhood development provisions of the Pennsylvania
Municipalities Planning Code, which purposes are hereby included by
reference;
(2)
To create traditional neighborhood development that regulates
new development and infill development where existing uses and structures
may be incorporated into existing development;
(3)
To promote the historic integrity of village areas;
(4)
To develop and redevelop in a manner generally consistent with
historic development patterns and existing character of village areas;
(5)
To uphold the design principles of traditional neighborhood
development;
(6)
To promote the use, reuse, and renovation of existing structures;
(7)
To preserve the look and feel of existing village characteristics,
which may include a centrally located village square, greenspaces,
commercial enterprises, public buildings, residences, and facilities
for social activity, recreation and community functions;
(8)
To encourage a livable neighborhood with a fully integrated,
mixed use, pedestrian-oriented community;
(9)
To provide for adequate and safe circulation patterns for pedestrians,
bicyclists, motor vehicle traffic, and other modes of transportation
through village areas;
(10)
To foster a sense of place and community by providing a setting
that encourages the natural intermingling of everyday uses and activities
within a recognizable community;
(11)
To support and enhance the economic viability of village areas;
(12)
To encourage off-street community parking areas located on small
vacant lots and parcels adjacent to alleys, based upon site and land
development plan approvals;
(13)
To protect natural, historic, and cultural resources of village
areas through regulation of the use of land;
(14)
To encourage a variety of architectural features and building
materials to give each building or group of buildings a distinct character;
and
(15)
To develop compactly in ways that are designed for the human
scale, including sensitivity to walking distances, the height of buildings,
the design of streetlights and signs, sidewalks, and other features
that preserve the look and feel of village areas as seen from public
view.
B.
Dimensional standards.
(1)
Lot area: 6,000 square feet minimum.
(2)
Lot access: Each lot shall front on a public street, not including
an alley. The Township may establish minimum cartway and pavement
standards for abutting segments of an alley.
(3)
Minimum lot width: 50 feet measured at front lot line. The minimum
lot width shall be 45 feet per dwelling unit for a single-family semidetached
dwelling.
(4)
Minimum lot depth: 120 feet measured at the side lot line.
(5)
Setbacks: The following minimum setbacks shall apply:
(a)
Front yard setback: 15 feet, 10 feet of which may be occupied
by an unenclosed front porch, which may be covered by a roof. Where
the majority of principal buildings on a block along a public street
have a certain predominant front yard setback, then any new principal
building shall be constructed with a setback that is not more than
10 feet greater than such predominant front yard setback.
(b)
Rear yard setback: 30 feet, except five feet from an alley for
a storage building or vehicle garage that is accessory to a dwelling.
(c)
Side yard setback: five feet, except 10 feet for a new principal
nonresidential building from a lot line of a lot occupied by a principal
dwelling.
(6)
Maximum impervious surface per lot: 80%, except 65% if the lot
does not include a principal nonresidential use.
(7)
Height regulations:
(a)
Minimum height: The height of a principal building or structure
shall not be less than 22 feet. There shall be no minimum height for
accessory buildings or structures.
(b)
Maximum height:
[1]
No principal building or structure shall be erected to a height
greater than 35 feet.
[2]
No accessory building or structure shall be erected to a height
greater than 20 feet.
[3]
Exceptions to maximum height include steeples of places of worship,
cupolas, flagpoles, or other appurtenances usually required to be
placed above the roof line, and not intended for human occupancy,
provided that the height of the appurtenance shall not exceed a maximum
of 20 feet over the building height.
(c)
All principal buildings shall be at least two stories and no
more than three stories in height.
C.
Parking and access.
(1)
If a public alley or a non-through-street borders any portion
of the lot, then any new vehicle access to the lot shall be from the
public alley or non-through street, unless existing conditions prohibit
safe access from any public alley and any non-through street.
(2)
Parking spaces shall be located to meet the following requirements:
(a)
All uses shall provide parking on the same lot with the principal
use that the parking serves or off-premises within 500 lineal feet
of the lot. When the off-premises parking option is taken, it shall
be met in one or more of the following ways:
[1]
On-Street: Parking spaces along the street frontage of the lot,
except where there are driveway curb cuts, may be counted toward the
minimum number of parking spaces required for the use on that lot.
[2]
Parking lot:
[a]
Parking for two or more private uses in an off-street
parking lot, if the total number of spaces provided is not less than
the sum of the spaces required for each use individually.
[3]
Fee-in-lieu:
[a]
Fees-in-lieu of providing a certain number of the
required off-street parking spaces may be allowed, as provided in
this section. A fee-in-lieu of parking shall only be allowed where
additional parking is required because of a new building or building
addition or change in use and the additional parking spaces cannot
feasibly be provided on the lot.
[Amended 11-20-2007 by Ord. No. 07-01]
[b]
Fee-in-lieu of parking shall be subject to such
reasonable operations and maintenance fees as may be assessed for
community lots.
[c]
Fee-in-lieu of parking shall be permitted under
the following provisions:
[i]
If this option is chosen, the applicant must: provide
at least two of the required parking spaces on site; and provide a
minimum of 50% of the total required off-street parking spaces in
a manner that does not use the fee-in-lieu of parking option.
[ii]
The Board of Supervisors, upon written application,
may permit the payment of a fee by the applicant in lieu of the applicant's
providing such required off-street parking within the V District.
[iii]
The fee to be charged shall be a fee per space
in accordance with the fee schedule adopted through resolution by
the Board of Supervisors and on file at the administrative offices
of the Township and payable in accordance with the administrative
policies established by the Board of Supervisors. If a fee schedule
has not been established for such fee, then the fee shall be $3,000
per parking space.
[iv]
All fees collected hereunder and all interest
earned thereon shall be placed in the Parking Facilities Fund to be
established by the Board of Supervisors, and such funds shall be used
only for studies relating to parking and parking facilities, the acquisition
and/or lease of land for improvement or maintenance of municipally
operated off-street parking facilities.
[v]
Such collected fees shall be expended for the purposes set forth
herein within 10 years of the receipt thereof.
(3)
Off-street parking lots shall be located to the side or rear
of buildings and shall not be located within the front yard. Side
yard parking shall be designed so that parking spaces do not protrude
into the front yard.
D.
Village design standards.
(1)
Design and construction of new buildings and structures, alterations
to existing buildings and structures, and demolition of buildings
and structures shall be completed in a manner consistent with the
preservation of the character of a village and shall meet the following
requirements.
(a)
Principal buildings shall be located to have their front facade
facing towards a public street. A principal building shall not be
oriented to front toward a parking lot.
(b)
No drive-through service or drive-in facilities shall be permitted.
(c)
Outdoor lighting:
[1]
Lighting on pole fixtures shall not exceed 16 feet in height.
[2]
The maximum maintained illumination average shall not exceed
5.0 footcandles for nonresidential sites and 2.0 footcandles for residential
sites. The minimum maintained illumination average shall not be less
than 2.0 footcandles for nonresidential sites and 0.5 footcandle for
residential sites.
[3]
The maximum permitted illumination at the property line for
nonresidential uses that are located adjacent to other nonresidential
uses shall not exceed 0.5 footcandle. All other uses, including nonresidential
uses adjacent to residential uses, shall not exceed 0.2 footcandle
as measured at ground level.
[5]
Lighting from all fixtures, including internally illuminated
signs that are to remain illuminated during nonoperating hours shall
be reduced by at least 75% of the lighting level used during hours
of operation; provided that such reduction shall not apply to residential
uses.
(d)
Outdoor storage and display:
[1]
Outdoor storage and display area, when accessory to a permitted
use, shall be regulated as follows:
[a]
Outdoor storage or display shall not occupy any
part of the street right-of-way and no other area intended or designed
for pedestrian use or required parking area;
[b]
Outdoor storage, excluding display, shall be shielded
from view from the public streets and adjacent residential uses, and
shall not be located in the required front yard; and
[c]
Outdoor display shall only be permitted during
business hours of operation. There shall be no overnight outdoor display
of goods or services.
(e)
Restaurant outdoor seating area: outdoor customer seating areas
shall be permitted as additional restaurant seating, provided the
following standards are met:
(f)
Fences, walls and hedges: All fences, walls, and continuous hedges shall conform to the following standards in addition to § 203-403.
[1]
Chain-link and solid fences are prohibited between a street
and the front wall of the principal building;
[2]
Fences, walls, and continuous hedges within the area between
the street frontage right-of-way and the building or structure may
not exceed 42 inches in height; and
[3]
Fences, walls, and hedges within clear sight triangles shall
not exceed 36 inches in height.
(g)
Note: See also provisions of the International Construction
Codes that provide flexibility in certain standards to encourage the
reuse and renovation of historic buildings.
F.
Additional requirements for new principal buildings.
(2)
The architectural features, materials, and the articulation
of a facade of a building shall be continued on all sides visible
from a public street and be consistent in character with the village.
(3)
Porches, pent roofs, roof overhangs, hooded front doors or other
similar architectural elements shall define the front entrance to
all residences.
(4)
For commercial or mixed use buildings with commercial uses on
the first floor, no less than 20% of the front facade facing onto
a public street on the ground floor shall consist of window or door
openings of glass, plexiglass or similar transparent materials. No
more than 60% of the front facade of a building facing onto a public
street shall consist of glass, plexiglass or similar surfaces.
(5)
All roofs shall have a minimum pitch of 4/12 pitch.
(6)
Guidelines. The following advisory guidelines should be considered
in the design of new construction. Some of these features may be required
by other sections of this chapter in specific cases.
(a)
Exterior building materials facing onto a public street should
be brick, stone, or wood, vinyl or aluminum siding or materials with
a closely similar appearance, in keeping with the character of existing
village development.
(b)
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.
(c)
See § 203-318B(5).
(d)
Modern additions and features should be placed towards the rear
of the property.
(e)
New construction should have rooflines that are similar to adjacent
older buildings. 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.
(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 shall not be allowed facing onto a public
street.
(7)
Review of new construction. If a new principal building is proposed
to be constructed or expanded, the applicant shall submit a plan elevation
or sketch that shows the appearance of the building, as viewed from
a public street. The applicant shall also submit a description of
the exterior building materials that will be used on sides of the
building that face a public street. This information shall be submitted
to the Zoning Officer, who may distribute it to other Township officials
for their review and advisory comment.
[Amended 11-20-2007 by Ord. No. 07-01; 4-1-2008 by Ord. No. 08-03; 9-19-2017 by Ord. No. 17-08; 2-20-2018 by Ord. No. 17-18]
A.
General provision. Residential retirement development shall be allowed as an optional type of development in districts where authorized by § 203-306. Where an applicant chooses to use this residential retirement development option, the provision of this § 203-319 shall apply in place of the zoning district provisions.
B.
Purposes. The RRD option is designed to accommodate nursing care,
assisted living and independent retirement living primarily for persons
age 55 and over. Such development may provide residents with a series
of compatible uses and services ranging from lodging, housekeeping,
meal preparation and service, laundry service, transportation, recreation,
health care, pharmacy and banking services, and other uses as applicable.
C.
Residential retirement development. Any developer who desires to
utilize the RRD option shall submit to the Planning Commission and
the Board of Supervisors through the Planning and Zoning Officer the
following supplemental information as part of a preliminary subdivision
and/or land development plan for any portion of an RRD:
(1)
Location map showing the project in relation to the surrounding
area;
(2)
Master concept plan of the overall RRD showing:
(a)
Property lines and easements with dimensions and area;
(b)
Approximate location, size, spacing, setbacks and dimensions
of all existing and proposed buildings and structures;
(c)
The general building types and floor plans to clearly define
the character of the project;
(d)
Topographic information showing existing features and conditions
and proposed grading;
(e)
Landscaping plans showing open spaces, planting, existing and
proposed trees and recreational area and facilities;
(f)
Existing streets, showing access to the project, proposed roads
and parking layout with dimensions; and
(g)
Pedestrian circulation plan, providing for effective pedestrian
travel on-site between facilities.
(3)
Written information regarding land use designations, surrounding
land uses, project design team, development schedule, type, size,
number and estimated selling price of units and density calculations;
and
(4)
Written information regarding the following:
(a)
The nature and extent of the common open space in the project,
the proposals for maintenance and conservation of the common open
space, and the adequacy of the amount and function of the open space
in terms of the densities and dwelling types proposed in the plan;
(b)
The manner in which such plan does make adequate provision for
public services, provide adequate control over vehicular traffic and
further the amenities of light and air, recreation and visual enjoyment;
(c)
The relationship, beneficial or adverse, of the proposed development
upon the physical environment and the neighborhood in which it is
proposed to be established;
(d)
Whenever applicable, aspects of the RRD requiring compliance
and approval of mandated State statutes or other laws shall be identified;
(e)
The manner in which such plan addresses the community need or
demand for the type of housing and services proposed; and
(f)
Architectural guidelines for buildings. It is not the intent of the Board of Supervisors to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to for the buildings of the RRD. Standards selected shall be consistent with the architectural design objectives under this Subsection C(4)(f).
D.
Permitted by right uses. Only the following uses shall be permitted
by right in an RRD:
(1)
Nursing home;
(2)
Assisted living facility or personal care center;
(3)
Independent retirement living apartment units;
(4)
Single-family detached dwellings;
(5)
Twin dwellings;
(6)
Townhouses;
(7)
Apartments; and
(8)
Meeting and recreation center that primarily serves residents
of the development and their guests, and which may include a temporary
sales office while the development is under construction and management
offices for the development after construction is completed.
(9)
The following nonresidential uses where an RRD abuts an arterial
street:
(a)
Offices;
(b)
Individual and family social services, adult day-care centers,
and places of worship;
(c)
Retail stores;
(d)
Restaurants, cafeterias and coffee shops;
(e)
Drug stores and pharmacies;
(f)
Financial institutions;
(g)
Beauty and barber shops;
(h)
State-licensed brew pubs and limited distilleries;
(i)
Personal services;
(j)
Hospitals, hospices or surgery centers;
(k)
Publicly owned or operated recreation areas and parks or required
open space; and
(l)
Commercial indoor recreation and commercial outdoor recreation.
(m)
Conveyorized car wash.
[Added 5-18-2022 by Ord. No. 22-03]
E.
Conditional uses. In an RRD that does not abut an arterial street,
the following uses shall be conditional uses as long as they are ancillary
to a permitted use:
(1)
Office of physicians dentists, osteopathic physicians, and other
health practitioners;
(2)
Individual and family social services, including adult day-care
centers;
(3)
Stores selling food, gifts, and household items;
(4)
Restaurants, cafeterias and coffee shops without a separate
exterior entrance;
(5)
Drug stores and pharmacies;
(6)
Financial institutions; and
(7)
Beauty and barber shops.
F.
Overall requirements.
(1)
An RRD shall be limited to residential and mixed use development
that serves the needs of persons age 55 and older and persons with
significant disabilities. RRD promotes a continuum of care. A minimum
of 75% of the overall tract area of an RRD shall be used for residential,
assisted living facility, personal care center, nursing home, common
open space, and/or park uses (inclusive of streets providing access
to such uses and stormwater management facilities serving such uses).
(2)
Subject to § 203-319G, to promote visibility and universal design, a minimum of 80% of all single-family detached, twin, and townhome dwellings shall meet the design standards set forth in § 203-319F(7) and 100% of apartment units shall meet the design standards set forth in § 203-319F(8).
(3)
A minimum of 50% of all single-family detached, twin, and townhouse
dwellings shall be occupied by at least one person 55 years of age
or older in accordance with federal law and there shall be a permanent
legally binding restriction placed of record in accordance with federal
law. A note shall be placed on the plan stating the age residency
requirement.
(4)
A plan for the entire tract of an RRD shall be approved and
recorded as an entity. However, lots may be subdivided and sold as
part of the overall land development plan. The overall land development
plan may take place in phases.
(5)
All nursing care and assisted living facilities are subject
to all relevant federal and state regulations, and a condition of
the land development approval process shall be that a statement be
provided indicating that such requirements will be met. Proof shall
be provided that all applicable state, county and Township licenses
have been obtained following their receipt from the appropriate regulatory
authority.
(6)
Standards for retail stores, restaurants, cafeterias, conveyorized
car washes, and coffee shops.
[Amended 5-18-2022 by Ord. No. 22-03]
(a)
Where an RRD abuts an arterial street:
[1]
Only one grocery store shall be permitted, which shall not exceed
40,000 square feet of gross floor area.
[2]
Only one drug store or pharmacy shall be permitted, which shall
not exceed 15,000 square feet of gross floor area.
[3]
Places of worship, financial institutions, beauty and barbershops,
personal services, and retail stores, other than grocery stores and
drug stores and pharmacies, shall not exceed 10,000 square feet of
gross floor area.
[4]
Offices and commercial indoor recreation, and commercial outdoor
recreation shall not exceed 30,000 square feet of gross floor area.
[5]
Hospitals, hospices and surgery centers exceeding 30,000 square
feet of gross floor area shall be permitted only by conditional use.
[6]
Drive-through service facilities. Drive-throuth service facilities shall be permitted only for drug store, pharmacy, coffee shop, financial institution, and conveyorized car wash uses. In addition to the specific use standards of Article IV of this chapter for drive-through service facilities, drive-through windows and menu boards/boxes shall not be located between the arterial streetscape buffer yard [as required under § 203-319F(23)] and the building to which they are attached or serve.
[7]
Parking lots that are located between a building used and the arterial streetscape buffer yard [as required under § 203-319F(23)] shall be limited to not more than four rows of parking spaces. Such parking lots shall be screened from the arterial streetscape buffer yard by a masonry wall, decorative fence or evergreen hedge or combination of wall, fence and hedge.
[8]
Conveyorized car washes.
[a]
Only one conveyorized car wash shall be permitted
in each RRD;
[b]
The maximum lot size for a conveyorized car wash
shall not exceed 55,000 square feet;
[c]
The maximum number of vacuum stalls provided at
a conveyorized car wash shall not exceed 20;
[d]
The conveyorized car wash shall only be open for
operation between the hours of 7:00 a.m. and 8:00 p.m.; and
[e]
The conveyorized car wash must have a minimum of
one employee on site during all hours of operation.
(7)
Single-family detached dwellings, twin dwellings and townhouses qualifying under § 203-319F(2) shall incorporate the following design elements:
(a)
Each dwelling unit shall have a master bedroom and accessible
bathroom located on an accessible ground floor level;
(b)
Each dwelling unit shall be located on a lot that does not exceed
a lot or unit area of 9,000 square feet;
(c)
Each dwelling unit shall be incorporated in a declaration of
planned community or condominium that provides for some level of exterior
maintenance (e.g., lawn and landscaping maintenance, snow removal,
etc.);
(d)
Each dwelling unit shall have at least one stepless entrance;
(e)
Each dwelling unit shall have at least 36 inches of clear passage
through all exterior doors and at least 32 inches of clear passage
through all interior doors, including bathroom doors; and
(f)
Each dwelling unit shall have at least five additional universal
design features for housing set forth in the most recently published
version of universal design in housing standards developed by the
Center of Universal Design, School of Design, North Carolina State
University at Raleigh, or successor organization.
(8)
A maximum of 40 apartment dwellings may be located within a
single building. A maximum of 40% of all of the dwelling units within
an RDD may be apartment dwellings. Apartment buildings shall incorporate
the following design elements:
(a)
Elevator access shall be provided to all floors;
(b)
The apartment building complex shall include common area amenities
such as a library, entertainment area, or other similar feature;
(c)
The apartment building complex shall include a fitness center
or provide access to a fitness center within the RRD;
(d)
Each apartment building shall have at least 36 inches of clear
passage through all exterior doors and at least 32 inches of clear
passage through all interior doors that are open to residents of the
building. Each apartment dwelling shall have at least 32 inches of
clear passage through all doors, including bathroom doors; and
(e)
At least five additional universal design features for housing
set forth in the most recently published version of universal design
in housing standards developed by the Center of Universal Design,
School of Design, North Carolina State University at Raleigh, or successor
organization.
(9)
The maximum height of any structure on a tract in an RRD shall be no more than 40 feet measured from the average level of the grade at the building perimeter to the average height between the eave and the ridge of the roof. See height exceptions in § 203-802. However, if the RRD is within the IN District, then the maximum building height may be increased to 60 feet (or to 70 feet for apartment buildings where the RRD abuts an arterial street), provided that the minimum yard setback to the lot line shall be increased by two feet for each foot that the height of the building exceeds 40 feet, except along lot lines abutting a lot in common ownership, a street right-of way, or a lot used as a single-family detached or townhome dwelling unit.
(10)
Off-street parking shall be provided in accordance with the
following:
(a)
Off-street parking shall be provided at the rate of two parking
spaces for each dwelling unit. In addition, one additional parking
space for each four apartment dwelling units or townhouse dwelling
units shall be provided for guest parking.
(b)
One visitor parking space shall be provided for every four patient
beds located in an assisted living or nursing care facility, plus
at least one additional space for each full-time staff member per
maximum shift. In addition, space shall be provided for service vehicle
parking and for automobile passenger pick-up and discharge near buildings.
(11)
A mobile/manufactured home park shall not be developed within
the RRD regulations.
(12)
The maximum impervious coverage for the overall tract of an
RRD is as follows: maximum impervious coverage for the entire development
after completion: 60%
(13)
The minimum setbacks for nursing homes and personal care/assisted
living facilities and all nonresidential uses are as follows:
(14)
For single-family detached and twin dwelling units, the following
minimum lot areas and minimum lot widths shall apply:
|
Bedrooms
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
|---|---|---|
|
1
|
2,750
|
35
|
|
2
|
3,700
|
35
|
|
3
|
4,200
|
40
|
(15)
For townhouses, the following requirements shall apply:
|
Bedrooms
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
|---|---|---|
|
1
|
1,600
|
18
|
|
2
|
1,800
|
20
|
|
3
|
2,000
|
22
|
(16)
(17)
All required front, side and rear yard areas shall be landscaped
with trees and shrubs and/or other ground cover. When a nursing home
or assisted living/personal care center or nonresidential use is contiguous
to an adjacent existing residential development, rear and side yard
setbacks and buffer zones shall be increased by 100%. Minimum buffer
distances are as follows:
|
Not Adjacent to an Existing Residential Development
|
Adjacent to an Existing Residential Development
| |
|---|---|---|
|
Front
|
15
|
30
|
|
Side
|
10
|
20
|
|
Rear
|
25
|
50
|
(a)
Parking areas serving an assisted living/personal care or nursing
home facility or shall not intrude upon minimum landscape requirements;
however, entrance and/or exit drives may be located within the required
front yard landscaped area if perpendicular to the street. Where adjacent
to existing residential development, required landscaping shall be
of a type that shall provide at maturity a visual screen or barrier
between the residential zone and the RRD. Such landscaping shall include
at least 50% evergreen species of trees and shrubs which are no less
than four feet in height at the time of planting and 20 feet apart.
Any trees or shrubs that fail to grow shall be replaced by the property
owner within 12 months of planting.
(18)
If nonresidential uses are developed within an RRD, such facilities
shall be designed and integrated into the RRD to serve the occupants.
Delivery facilities to such nonresidential facilities shall be concealed
or screened from the normal pedestrian circulation routes of the RRD.
(19)
An assisted living/personal care center and any apartment dwellings
shall be designed to accommodate the elderly by incorporating necessary
safety and convenience features. At least one looped portion of a
pathway system shall have slopes and a surface that are intended for
use by older persons, with slopes consistent with the Americans with
Disabilities Act (ADA) or no more than 5%, whichever is less.
(20)
Maximum overall density. The maximum overall density of the
residential retirement development shall be determined as follows,
as calculated in acres (and decimals):
(a)
Start with the total land area of the development tract, after
deleting existing rights-of-way of existing streets, and
(b)
Delete 75% of all areas of land with a slope exceeding 25% and delete 50% of the area of lands with a slope over 15 to 25% from Subsection F(20)(a) above, and
(d)
Multiply the resulting acreage by six dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection F(21) below.
|
Note: This method of calculating density does not require the
deletion of stormwater detention basins, shared parking areas, new
streets, new preserved/common open space, new alleys or similar features.
Therefore, the actual density that could be achieved on a "net" piece
of land would be higher than the above numbers.
|
(e)
Each three beds in a nursing home or personal care center shall
be counted the same as one dwelling unit for the purposes of controlling
density.
(21)
Density bonuses:
(a)
As an option to the applicant, the applicant may apply for conditional use approval from the Board of Supervisors to approve the following increases in the maximum density provided in Subsection F(20) above. In such case, only the increase in density shall need conditional use approval.
[1]
If the applicant proves that the architectural standards required by § 203-314D(13) of the traditional neighborhood development are met or exceeded, the density may be increased by a maximum of 0.5 additional dwelling unit per acre.
[2]
The maximum density may be increased by a maximum
of 0.5 additional dwelling unit per acre if the applicant commits
to provide a minimum of 30% of the total tract area in common open
space.
[3]
The maximum density may be increased by a maximum
of 0.5 additional dwelling unit per acre if the applicant commits
to construct substantial recreation improvements and landscaping beyond
the amounts of landscaping and improvements that would otherwise be
required. The market value of the additional recreational improvements
and landscaping shall exceed a minimum of $15,000 per each additional
dwelling unit that is allowed.
(22)
Required open space and recreation land.
(a)
For RRDs, open space and recreation land shall be provided in
the amount of 3,150 square feet (0.0723 acres) per dwelling unit.
To the extent feasible, such open space and recreation land shall
consist of one contiguous area. A minimum of 50% of such land shall
be suitable for active recreation.
(b)
Notwithstanding any other provision of the Subdivision and Land
Development Ordinance or this Zoning Ordinance to the contrary, the
required open space and recreation land shall satisfy all of the open
space and recreation requirements of such ordinances.
(c)
The open space and recreation land shall be permanently preserved
for open space and recreational use through deed restrictions or other
appropriate restriction of record.
(23)
Vehicular and Pedestrian Connectivity.
(a)
The existing street system shall be extended into a new RRD
to the extent feasible. Streets, other than cul-de-sac streets, and
sidewalks or trails shall be interconnected throughout the RRD. The
RRD shall have a focal point, such as a commons, park, or commercial
area that is interconnected with the residential areas of the RRD
via streets and sidewalks or other Township-approved pedestrian pathways.
(b)
Sidewalks or other Township-approved pedestrian pathways shall
be provided along both sides of each street, excluding arterial streets,
unless a modification or waiver is granted in writing by the Board
of Supervisors under the Subdivision and Land Development Ordinance.
The width of sidewalks shall be a minimum of five feet.
(c)
Pedestrian crosswalks shall be provided in the commercial area
using materials and colors that visually distinguish the crosswalk
from the street surface.
(24)
Arterial streetscape buffer yard.
(a)
A minimum 35 feet wide streetscape buffer yard with screen plantings
shall be required along arterial streets.
(25)
Architectural design objectives. The developer shall establish
legally enforceable provisions controlling the guidelines of architectural
design of nonresidential buildings and shall adhere to the following
objectives:
(a)
Building facades.
[1]
Use of preferred materials is required on the sides
of any building that: contains the building's main entrance, and is
oriented toward any street that adjoins the lot on which such building
is located. Preferred materials include brick, stone, cast stone,
precast, stucco, dryvit, textured split-faced block, fiber cement
siding, wood siding and materials of similar quality; provided, however,
no preferred materials shall include metal siding or nontextured split-faced
block.
[2]
The wall of a building containing the main entrance
shall be architecturally emphasized through fenestration, entrance
treatment, columns, colonnades, pilasters, piers, recesses, projections,
bays, offsets, or other architectural details.
[3]
In order to scale down the horizontality of a building
having a gross floor area exceeding 20,000 square feet, any pilasters,
piers or columns that are used shall be regularly spaced at intervals
of no less than 20 feet on center and no more than 40 feet on center.
[4]
Any portico, colonnade, porch or other building
projection that is supported by the above mentioned pilasters, piers
or columns shall extend at least eight feet from the building.
[5]
The wall of a building that is oriented toward
a street adjoining the lot on which such building is located shall
be architecturally emphasized through fenestration, entrance treatment,
columns, colonnades, pilasters, piers, recesses, projections, bays,
offsets or other architectural details that breaks up the wall so
as not to provide the appearance of a blank wall. The materials and
colors of such side, and the base of the building, shall be consistent
with the materials and colors of the wall of the building that contains
the main entrance.
(b)
Roofs.
[1]
Use of preferred materials also is required on
all pitched roofs. Preferred materials include slate shingles, standing
seam metal roofs, architectural grade fiberglass shingles and materials
of similar quality.
[2]
Flat roofs shall be provided with a thirty-inch
or taller parapet along any edge of a building facing a street right-of-way,
Township-approved public pedestrian pathway, residential zoning district
or occupied residential dwelling that adjoins the lot on which such
building is located.
[3]
For any buildings occupied by more than one principal
use, roof line offsets of a minimum of two feet shall be provided
in order to provide architectural interest and variety to the massing
of a building and relieve the effect of a single roof line.
G.
Combination of Age-Restricted and Non-Age-Restricted Development
Areas.
(1)
Within the IN District, two adjacent residential development
areas may be submitted for approval of their zoning densities in one
subdivision and/or land development plan application, provided the
two adjacent development areas are in common ownership at the time
of such zoning density determination by the Township and a concept
plan is submitted to the Township showing how the street access and
open space of the two development areas will be coordinated. Such
development areas may subsequently be developed by independent entities,
provided there is compliance with the overall density determination
under this Section and any conditions placed upon such determination
by the Township.
(2)
One of the two development areas shall meet all of the requirements of this § 203-319. The second development area shall meet the requirements of this § 203-319, except that the second development area shall not be required to meet the requirements of § 203-319F(2) and (3) above. If approved under this § 203-319G then the maximum density of the two adjacent development areas may be calculated as an average for the two development areas as if they were a single development area. At that time, a maximum density shall be assigned to each of the two development areas, provided the requirements of this chapter are met.
(3)
This § 203-319G shall only be allowed to be used if: a minimum of 60% of the total single-family detached, twin, and townhouse dwelling units in the two development areas together would qualify under the requirements of § 203-319F(2) above; and a minimum of 50% of the total single-family detached, twin, and townhouse dwelling units would meet the age restriction requirements of § 203-319F(3), including a restriction on occupancy by at least one person age 55 or older. In such case, the maximum average density of the two development areas, when calculated together, shall not exceed five dwelling units per acre.
(a)
An applicant may choose a second option of having: a minimum
of 70% of the total single-family detached, twin, and townhouse dwelling
units in the two development areas together meeting the requirements
of § 203-319f(2) above; and a minimum of 50% of the total
single-family detached, twin, and townhouse dwelling units meeting
the age restriction requirements of § 203-319f(3), including
a restriction on occupancy by at least one person age 55 or older.
In such case, the maximum average density of the two development areas,
when calculated together, shall not exceed six dwelling units per
acre.
A.
Purposes.
(1)
To allow the developer more choices of housing types, and enable
development of lots smaller than those specified in other residential
zoning districts, provided the land saved is reserved for permanent
common use, usually in the form of open space.
(2)
To permit a procedure for development which shall:
(a)
Improve living and working environments;
(b)
Promote more economic subdivision layout;
(c)
Encourage a variety of types of residential dwellings;
(d)
Encourage ingenuity and originality in total subdivision and
individual site design; and
(e)
Preserve open space to serve recreational, scenic and public
service purposes.
(3)
In the R-C District, the maximum gross density of the zoning
district it replaced shall not be exceeded.
(4)
This district is intended to recognize land areas that were
specifically rezoned by the Township in the past for residential-cluster
development, in order to maintain a certain amount of consistency
in regulations applying to ongoing developments. This district is
not intended to be applied to land areas where the R-C District was
not previously established. Instead, the intent is to promote use
of the open space development provisions in other areas of land.
B.
Submission requirements. In addition to submission requirements under
the Subdivision and Land Development Ordinance, the following shall
be submitted with development plans for an R-C development:
(1)
Landscaping plans showing open spaces, planting, existing and
proposed trees and recreational area and facilities.
(2)
Existing streets, showing access to the project, proposed roads
and parking layout with dimensions.
(3)
Written information regarding land use designations, surrounding
land uses, project design team, development schedule, type, size,
number and estimated selling price of units and density calculations.
(4)
Written information regarding the following:
(a)
The nature and extent of the common open space in the project,
the proposals for maintenance and conservation of the common open
space, and the adequacy of the amount and function of the open space
in terms of the densities and dwelling types proposed in the plan;
(b)
The manner in which such plan does make adequate provision for
public services, provide adequate control over vehicular traffic and
further the amenities of light and air, recreation and visual enjoyment;
and
(c)
The relationship, beneficial or adverse, of the proposed development
upon the physical environment and the neighborhood in which it is
proposed to be established.
C.
Criteria for approval. A cluster development shall only be approved
if the applicant proves to the satisfaction of the Board of Supervisors,
based upon review by the Planning Commission, that the following conditions
will be met:
(1)
That the cluster development would clearly serve a valid public
purpose that would result in a development that would be superior
to what would result if the land would be developed as a conventional
development. Such valid public purposes include but are not limited
to the following:
(a)
The permanent preservation of dense forests, steep slopes, wetlands,
creek valleys, highly scenic areas or other sensitive natural features.
(b)
The permanent preservation of a substantial area of land in
agricultural uses, in a tract of proper size and configuration that
allows for efficient agricultural use and that properly considers
the issue of compatibility between the agricultural uses and homes.
In such case, new dwellings shall be clustered adjacent to existing
dwellings and residential zoning districts.
(c)
The dedication of recreation land at a site deemed appropriate
by the Board of Supervisors and that involves land that is clearly
suitable for active and/or passive recreation.
(d)
The provision of common open space in a location that will allow
homes to be buffered from highly noxious nuisance-generating uses,
such as a heavily traveled street or industrial uses. In such case,
intensive landscaping and/or planting for eventual reforestation should
be provided.
(2)
That the proposed cluster development has been designed in full
consideration of important natural features, including mature woodlands,
creek valleys, steep slopes and wetlands.
(a)
At a minimum, that areas along perennial creeks shall be preserved in their natural state, except for planting of trees and shrubs, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult. See § 203-312.
(b)
The natural features of the site shall be a major factor in
determining the siting of dwelling units and streets.
(3)
The proposed cluster development shall not have substantial
or undue adverse effects, as compared to a standard development permitted
by the existing zone, upon adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities and
other matters affecting the public health, safety and general welfare.
(4)
The proposed cluster development shall be constructed, arranged
and operated so as not to interfere with the development and use of
neighboring property.
(5)
The proposed cluster development shall be served adequately
by streets.
(6)
The proposed cluster development shall not result in the destruction,
loss or damage of any natural, scenic or historic feature of significant
importance.
E.
Qualifications for a residential-cluster development.
(1)
Tract size. Minimum developable tract size shall be 10 contiguous
acres for development where the replaced zoning district was R-1 or
R-2, and 20 contiguous acres for development where the replaced zoning
district was A-1 or P-1. Excluded from the determination of developable
tract size are the following:
(2)
Density. The maximum number of dwelling units on the tract shall
be determined based upon an existing features map and a yield plan.
(a)
An existing features map shall be required to be submitted as
part of the application for a cluster development. This existing features
map shall accurately show the locations of the following at a minimum:
wetlands, 100-year floodplains, areas of woodland, existing topography,
existing buildings with a description of any buildings over 70 years
old, highlighting of 15 to 25% slopes and 25% and greater slopes,
and any major scenic views from within the tract or from outside of
the tract.
(b)
A yield plan shall be submitted to the Township by the applicant.
The yield plan shall accurately show the maximum number of dwelling
units that would be possible under Township ordinances in effect as
of June 1, 2005, under the regulations of the zoning district that
applied immediately prior to the rezoning to the R-C District. The
yield plan shall be completed to an accurate scale, including accurately
showing the existing features map information described above. The
yield plan shall show potential lots, streets and retention/detention
pond locations. However, the yield plan shall not serve as, and is
not required to contain, the engineering detail requirements of a
preliminary subdivision plan.
(c)
Such yield plan shall be reviewed by the Zoning Officer, with
advice by the Township Engineer, to determine whether each represents
a reasonably accurate estimate of the number of dwelling units that
were possible on the site, both physically and legally. If such estimates
are determined to not be accurate, the applicant shall be required
by the Zoning Officer to revise such yield plan until it is accurate.
(d)
Density. The maximum number of dwelling units allowed on the
tract through cluster development shall be equal to the number of
dwelling units that is determined by the Township to have been possible
under the Township-accepted yield plan. However, for land that was
formerly in the A-1 District prior to rezoning to the R-C District,
the yield plan may be based upon one-acre minimum lots.
(3)
Mix of dwelling units.
(a)
Where the replaced zone was either a R-1 or P-1 District, a
minimum of 45% of the total number of units shall be single-family
detached dwellings.
(b)
Where the replaced zone was a R-2 District, a minimum of 25%
of the total number of dwelling units shall be single-family detached
dwellings.
(c)
Where the replaced zone was an A-1 District, all proposed units
shall be single-family detached. However, if a tract includes more
than 100 acres, then a minimum of 45% of the dwelling units shall
be single-family detached, provided that no housing type other than
single-family detached houses shall be constructed within 150 feet
from a lot of a single-family detached dwelling that existed prior
to the adoption of this chapter.
(4)
Permitted lot reductions.
[Amended 11-20-2007 by Ord. No. 07-01]
(a)
For a cluster development in any zoning district, both public
sewage service and central water service shall be provided.
(b)
For a cluster development in any zoning district, the minimum
yard requirements of the R-2 District shall apply, unless otherwise
specified.
(c)
For a cluster development where the replaced district was the
AR or CO District, the minimum lot area shall be reduced to 20,000
square feet and the minimum lot width shall be reduced to 90 feet,
with minimum yard requirements meeting the R-1 District. However,
if a tract includes more than 100 acres and the dwellings will be
served by public sewer and water, then the minimum lot area may be
reduced to 7,500 square feet for single-family detached dwellings
with a minimum lot width of 60 feet.
(d)
For a cluster development where the replaced zone was NOT the
AR or CO District, for single-family detached dwellings, a reduction
in minimum lot area to 10,000 square feet shall be allowed with a
minimum lot width of 75 feet. If a cluster development includes a
tract of more than 100 total acres, then such minimum lot area may
be reduced to 7,500 square feet with a minimum lot width of 60 feet.
For all other types of allowed housing, up to 20% reduction is allowed
from the minimum amount of land area required per dwelling unit.
(e)
No specific minimum lot area shall apply for townhouses, provided
the overall density requirement is met for the tract. Individual dwellings
may be held in a condominium arrangement.
(5)
Yard dimensions. Yard dimensions shall be as recommended by
the Planning Commission and approved by the Board of Supervisors as
part of the preliminary plan approval, except that each lot in a cluster
development which abuts property in a residential district shall have
a side or rear yard of not less than the required side or rear yard
of the abutting district, and that the yard setback for all lots fronting
on public streets shall not be less than the front yard setback requirements
of the respective zoning districts in which they were formerly located.
(6)
Buffer areas. Buffer areas shall be required along exterior
property lines where units in a proposed cluster development abut
noncluster residential development. Buffers shall consist primarily
of six feet or higher evergreen trees spaced 10 feet apart in staggered
double rows. Additional plant materials and earthen mounding are encouraged
to soften the linear appearance of the rows of evergreen trees. Where
buffers are required, a planting plan shall be required which shows
the location, size, species and number of plant materials to be used.
F.
Housing.
(1)
In addition to the other allowed housing types, the following
housing types may be constructed as part of a cluster development:
(a)
Atrium house. The atrium house is a single-family attached dwelling
unit with individual outside access. The lot shall be fully enclosed
by a wall at least seven feet high. A private yard, herein called
an "atrium," shall be included on each lot. All living spaces, such
as living rooms, dens and bedrooms, shall open onto the atrium.
(b)
Lot line house. A lot line house is a single-family detached
residence on an individual lot, with the building set on one of the
side property lines. An easement for maintenance on the adjoining
lot is required.
(2)
Not more than eight townhouses shall be attached in a single
group, and no more than two contiguous townhouses in any group may
be constructed in line.
(3)
Spacing of buildings. Minimum distances between principal buildings
shall be as follows:
(a)
Single-family detached: 30 feet in former A-1 or P-1 zoned areas;
20 feet in former R-1 or R-2 zoned areas.
(b)
Twin dwelling: 30 feet between buildings in all areas.
(c)
Apartments: 40 feet between buildings in all areas.
(d)
Townhouse: 40 feet between buildings in all areas.
(e)
Atrium house: 30 feet between buildings in all areas.
(f)
Lot line house: 30 feet in former A-1 or P-1 zoned areas, 20
feet in former R-1 or R-2 zoned areas.
G.
Garages and accessory buildings. Garages and accessory buildings
may be located in any rear yard, provided that they do not violate
the coverage regulation herein set forth and that side yards of not
less than two feet are provided, and that a rear yard setback from
the rear property line of not less than three feet is provided.
H.
Impervious coverage regulations. The maximum permitted impervious
coverage shall be 30% and shall apply to the developable tract area
total, rather than to individual lots.
I.
Height regulations. Single-family residences shall not exceed 35
feet in height, and other permitted uses shall not exceed 40 feet
in height.
J.
Utilities. Both public water and public sewage shall be provided
in any cluster development.
K.
Open space requirements.
(1)
Open space areas shall be developed to complement and enhance
the manmade environment. In the selection of the location of such
areas, consideration shall be given to the preservation of natural
and manmade features which will enhance the attractiveness and value
of the remainder of the property to be subdivided or developed, such
as floodplains, including streams and ponds, slopes equal to or greater
than 15%, natural permanent vegetation, historical amenities and other
community assets.
(a)
A minimum of 40% of the total tract area shall be permanently
preserved as "common open space," with a method of ownership and maintenance
that is acceptable to the Board of Supervisors, after review by the
Township Planning Commission. A minimum of 50% of the required common
open space shall be in one contiguous tract, which may be separated
only by creeks or by a maximum of one street. Common open space may
also be traversed by an accessway limited to emergency vehicles.
(2)
The area shall be so located and designed that it is easily
accessible to all people including the handicapped. Safe and easy
access to common open space areas shall be provided either by adjoining
road frontage, easements or paths.
(3)
Whenever possible, common open space areas shall be designed
as a continuous system of usable areas, which are interspersed among
groupings of residential buildings, provided, however, in those instances
in which the total minimum required open space is less than two acres
in size, such acres shall be located in one parcel; and shall only
be broken up if the development site or its physical constraints dictate
otherwise with the concurrence of the Planning Commission and Board
of Supervisors.
(4)
Such areas specifically designed for open space shall be fully
usable and suitable for that purpose and shall be set aside by deed
restriction.
(5)
Accessways to the site shall be sufficiently wide so that maintenance
equipment shall have reasonable convenient access to such areas. In
all instances, such open space areas shall be maintained in a careful
and prudent manner.
(6)
Common open space may be dedicated partially or entirely to
public use. The Township Parks and Recreation Commission may recommend
and the Board of Supervisors may approve the dedication of any common
open space land for public use. However, the Board of Supervisors
shall also have the right to not accept any dedication of open space
if it finds that the size, location, type of development or cost of
development or maintenance of such common open space or the availability
of other public open space nearby would make public use undesirable
or unnecessary.
(7)
Private ownership. When common open space is not dedicated and
accepted to public use, it shall be protected by legal arrangements,
satisfactory to the Township, sufficient to assure its maintenance
and preservation for whatever purpose it is intended. Covenants or
other legal arrangements shall:
(a)
Obligate purchasers to participate in a homeowners association
and to support maintenance of the open areas by paying to the association
assessments sufficient for such maintenance and subjecting their properties
to a lien for enforcement of payment of the respective assessments.
(b)
Obligate such an association to maintain the open areas and
private streets and utilities.
(c)
Empower the Township to enforce the covenants in the event of
failure of compliance.
[Amended 11-20-2007 by Ord. No. 07-01]
(d)
Provide for agreement that, if the Township is required to perform
any maintenance work pursuant to the item above, such purchasers would
pay the cost thereof and that the same shall be a lien upon their
properties until such cost has been paid; provided that the developer
shall be responsible for the formation of the homeowners' association
of which the developer, or if the developer is not the owner of the
development, then such owner, shall be a member until all of the lots
of record are sold. Other equivalent provisions to assure adequate
perpetual maintenance may be permitted if approved by the Board of
Supervisors. Assurance that such covenants or equivalent provisions
will be included in the deeds or other instruments of conveyance shall
be evidenced by the recordation in the office of Recorder of Deeds,
of a perpetual maintenance of facilities as prescribed herein above
and identifying the tract and each lot therein. The declaration shall
be included in the deed or other instrument of conveyance of each
lot of record and shall be made binding on all purchasers, provided
that such declaration may, as to subsequent conveyances other than
the initial conveyance of each lot of record, be incorporated by reference
in the instrument of conveyance.
(e)
Guarantee that any association formed to own and maintain common
open space will not be dissolved without the consent of the Board
of Supervisors and any other specifications deemed necessary by the
Board of Supervisors.
(f)
Such covenants or equivalent legal arrangements shall be submitted
for preliminary review with the preliminary plan and shall be reviewed
and approved by the Board of Supervisors prior to the granting of
final plan approval.
(8)
The common open space shall be limited to uses or a range of
uses approved by the Board of Supervisors at the time of subdivision,
land development and/or conditional use approval. Any future change
to the allowed uses in the common open space shall require conditional
use approval.
(9)
The Board of Supervisors may require that the majority of the
required common open space be placed:
(a)
Adjacent to an existing or planned public or homeowner association-owned
recreation area,
(b)
Adjacent to existing farmland,
(c)
At the edge of a neighboring undeveloped lot, where the common
open space could be connected in the future to open space on that
neighboring lot, or
(d)
Adjacent to an arterial street where the open space will serve
to buffer homes from the street.
[Added 7-21-2020 by Ord.
No. 20-07]
A.
Intent. The primary purpose of the Towne Centre (TC) Zone is to create
walkable, livable, and attractive mixed-use development centers of
a sustainable density to create a sense of place. Specifically, the
Towne Centre Zone is intended to blend residential, commercial, cultural,
institutional, and/or entertainment uses, where those functions are
physically and functionally integrated and:
(1)
Allow market-driven growth in places that are most conducive
to accommodating additional activity.
(2)
Encourage economic development through the creation of a mix
of uses within existing commercial centers.
(3)
Provide housing development.
(4)
Promote a walkable community with pedestrian-oriented buildings
and open space.
(5)
Promote street-level activity with attractive first-floor retail,
dining and personal service and other compatible uses to support the
needs of local employees and residents.
(6)
Create and support lively, human-scaled activity areas and gathering
places for the community by encouraging civic uses, plazas, and a
mix of uses.
(7)
Ensure that new development is consistent with and enhances
the internal and external streetscapes.
(8)
Promote the adaptive reuse of existing buildings.
(9)
Encourage the redevelopment of underutilized or obsolete industrial
or commercial property.
(10)
Encourage a high level of architectural detail, aesthetically
pleasing signage and functional site design through the utilization
of design guidelines.
B.
Uses.
(1)
Permitted uses. A lot and/or building may be used for one or
more of the following by-right permitted uses:
(a)
Office, entertainment, institutional and related uses, as listed
below:
[1]
Professional, administrative, and business offices.
[2]
Financial institutions, excluding drive-through facilities.
[3]
Hotels, provided the building or part of a building so used
is a minimum of five stories in height, convention centers, meeting
space, and banquet facilities.
[4]
Galleries and museums.
[5]
Theaters.
[6]
Schools and day-care centers.
[7]
Government administrative uses, post offices, community centers,
and libraries.
(b)
Retail, restaurant, and related uses, as listed below:
[1]
Retail commercial sales, excluding drive-through facilities.
[2]
Personal service businesses.
[3]
Restaurants and other food or beverage establishments, including
those that offer entertainment experiences, but excluding drive-through
facilities.
[4]
Studios for dance, music, fitness, art, or photography.
[5]
Indoor sports facilities, racquet sports, and health clubs.
(c)
Apartment and condominium units, provided all dwelling units are located on the second floor and above except as conditionally permitted in Subsection B(2), and further provided that the building or part of a building so used is a minimum of four stories in height.
(d)
Parks, open space uses, and plazas.
(e)
Structured parking, in accordance with Subsection E(3)(b). Multistory parking decks are encouraged.
(f)
Accessory uses to a principal use, including surface parking
lots.
(2)
Conditional uses. A lot and/or building may be used for one or more of the following conditional uses, in conjunction with a permitted use, provided conditional use approval is received in accordance with the requirements of § 203-117 of this chapter and all standards of the TC District are met:
(3)
Prohibited uses. The following uses, as well as any use not
specifically permitted, are prohibited:
(a)
Drive-through window or facilities.
(b)
Automobile or other vehicle sales, service, or repair establishments.
(c)
Gasoline service station and filling station.
(d)
Self-service storage facilities.
(e)
Adult entertainment uses.
(f)
Single-family detached homes.
(g)
Tattoo parlors.
(h)
Medical marijuana facilities.
(i)
Bowling alleys unless a part of an adult amusement arcade.
C.
Mixed use, Master Plan, and general requirements.
(1)
Mix requirements.
(a)
Developments shall meet the following mix of use requirements,
depending on the size of the property at the time the property was
zoned TC:
|
Land Use Group
|
Tracts Greater than 10 Acres in Size
|
Tracts of 1 to 10 Acres in Size
|
Tracts of Less than 1 Acre in Size
| |
|---|---|---|---|---|
|
Minimum Percent of Building Floor Area
|
Maximum Percent of Building Floor Area
| |||
|
Group 1: Office, entertainment, institutional, and related uses, as listed in Subsection B(1)(a)
|
5%
|
70%
|
Developments shall include at least 2 of the land use groups
listed in the first column of this table, with each of the required
groups comprising at least 10% of the development's total building
floor area. In addition, retail, restaurant, and related uses (Group
2 uses) may not comprise more than 35% of the development's total
building floor area.
|
No mixing requirement. Developments can consist of one or many
uses.
|
|
Group 2: Retail, restaurant, and related uses, as listed in Subsection B(1)(b)
|
5%
|
70%
| ||
|
20%
|
70%
| |||
(b)
Usable open space and plaza uses shall comprise at least 5%
of the net tract area of all TC developments.
|
Illustration of Mix of Uses
 |
(2)
Master Plan. Before any use is approved or any lot is subdivided,
all properties proposed for TC development shall be developed in accordance
with an overall single Master Plan that has been approved by the Township
Board of Supervisors after review and recommendation of the Township
Planning Commission. Master Plans shall be submitted as part of or
prior to a preliminary plan submission for a TC development. Consistent
with final plan approvals, individual portions of the TC may be owned
and constructed by different entities, provided there is compliance
with the overall Master Plan and any phasing plan.
(a)
Master Plans shall meet the following requirements:
[1]
Master Plans shall be prepared when any property, existing at
the time of adoption of this section, is initially proposed for subdivision
or land development. Subdivided properties that are intended to be
developed at a later date shall be subject to this initial Master
Plan.
[2]
Master Plans shall show land uses, proposed buildings, existing
buildings that will remain post-development, proposed streets, existing
streets that will remain post-development, cartway widths, approximate
lot lines and dimensions, common open spaces, plaza areas, major pedestrian
and bicycle pathways, parking areas, major detention basins and proposed
types of housing and commercial uses. Master Plans are not required
to include the same level of engineering detail as a preliminary subdivision
plan.
[3]
Master Plans must show coordinated vehicle access from all adjacent
land owned, equitably owned or otherwise controlled by the applicant
and be fully coordinated with any existing, proposed or approved development
on adjacent land, including providing for pedestrian and bicycle access
to adjacent tracts.
[4]
Landscaped open space and plaza areas shall be strategically
placed within the TC.
[5]
Pedestrian and motor vehicle routes shall be laid out to create
a sense of place and a main streetscape.
(b)
The municipal governing body may require changes in the Master
Plan in order to meet the legislative intent and other standards of
the TC District. Development of property may be done in phases; however,
any proposed subdivision or land development of a property or portion
of a property must be consistent with the Master Plan. If a proposed
subdivision or land development is not consistent with the Master
Plan, the Master Plan as a whole may be revised, provided the following
requirements are met:
[1]
The Master Plan complies with all TC requirements, including the mix requirements of Subsection C(1)(a).
[2]
All owners of land within the original Master Plan development
area, whose property is affected by the revised Master Plan, approve
the revisions to the Master Plan that affect their properties.
[3]
The revised Master Plan is approved by the Township Board of
Supervisors after review and recommendation of the Township Planning
Commission.
(c)
After any modifications, the Master Plan shall become part of
the approved preliminary plan under the Subdivision and Land Development
Ordinance.[1] Once preliminary plan approval is granted for the TC development,
then submission may be made for final plan approval under the Subdivision
and Land Development Ordinance, and uses allowed by this section may
occur as permitted-by-right uses. Changes to the Master Plan may occur,
provided there is compliance with Township ordinances. The Township
may require that a revised preliminary subdivision or land development
plan be submitted and approved if there are substantial changes from
the previously approved preliminary plan.
(d)
Stormwater calculations, construction details, erosion and sedimentation
control plans, profiles and similar engineering details are not required
at the Master Plan stage.
(3)
Other plan requirements. Applicants submitting preliminary and
final plans shall also submit architectural drawings, such as elevations,
perspective drawings, axonometrics, and cross sections, that demonstrate
compliance with the standards in the TC District.
(4)
Utilities. All development in the TC District shall be served
by public sewer and public water. All utilities, including cable,
telephone, and FIOS, unless separate regulation by the Pennsylvania
Public Utility requires otherwise, shall be underground.
(5)
Ownership. Any land area proposed for development shall be in
one ownership or shall be subject to a joint application filed by
every owner of the land area proposed for development, under single
direction, using one overall Master Plan and complying with all requirements
of the TC District.
(6)
Ownership and perpetual maintenance of common open space, plaza
areas, and other facilities. The proposed ownership and perpetual
maintenance of common open space, plaza areas and other common facilities
shall be described in the final land development plan and approved
by the Township Board of Supervisors.
D.
Dimensional requirements. All lots within TC developments shall meet
the following dimensional requirements:
(3)
Building setback from the edge-of-street curblines:
(a)
(b)
Where a plaza is between the building and the street, the minimum
and maximum building setback from street curblines shall be the depth
of the plaza.
|
Illustration of Building Setbacks
 |
(6)
Minimum building and parking setback from abutting residential
properties that are not part of the proposed Towne Center: 40 feet.
(7)
Minimum surface parking area setback from street ultimate right-of-way
lines and property lines: 10 feet.
(8)
Maximum building height: 125 feet or 10 stories, whichever is
less.
(9)
Maximum impervious coverage: 85%, unless the TC development
is a redevelopment of an existing tract, in which case the impervious
coverage maximum shall be no greater than exists pre-development.
E.
Design standards. All development within the TC District shall comply
with the following design standards:
(1)
General layout and street pattern. The following general layout
and street pattern requirements shall be shown on the Master Plan:
(a)
Various land uses shall be laid out and spaced to make walking
from one land use to any other land uses as easy as possible.
(b)
Retail uses shall be located as physically close to as many
of the following on- and off-site features as possible: existing retail
areas, transit stops, existing collector or higher classification
streets, and proposed plaza areas.
(c)
Single-use residential buildings, when proposed, shall be located
and designed to provide a transition between abutting off-site residential
zoning districts, when they exist, and the nonresidential uses in
the TC District.
(d)
TC developments shall be laid out with streets, in accordance
with the following standards:
[1]
Streets shall be laid out to create blocks, and blocks shall
not exceed 1,000 feet in length before being interrupted by a street
intersection, unless the reuse of existing buildings longer than 1,000
feet or the presence of unique barriers, such as a creek or a grade-separated
highway, preclude the creation of a street intersection. In such cases,
blocks shall be as small as feasible. Alley and driveway intersections
shall not be used to meet the block length requirement.
[2]
All proposed buildings, except structured parking garages, must be located within a certain distance of a street, as shown in Subsection D(3), Building setback from the edge-of-street curblines. Buildings do not have to meet these standards from alleys or driveways.
[3]
Streets shall be interconnected with each other and with streets
on abutting properties in a grid or modified grid pattern.
[4]
Streets shall be extended to abutting properties in logical
locations, as determined by the municipal governing body. When warranted
by unique circumstances, the municipal governing body may allow driveways
to be used instead of streets for these connections, provided access
for the driveway is guaranteed to the abutting property.
[5]
On tracts of 10 acres or more, new streets within a TC development
shall have a street connectivity index of 1.40 or more. The street
connectivity index shall be computed by dividing the number of new
street links (defined as street segments between intersections and/or
cul-de-sac heads) by the number of new street intersections/permanent
cul-de-sac heads.
(e)
At least every 500 linear feet, blocks shall include public
pedestrian connections through the block between generally parallel
streets, unless the reuse of existing buildings longer than 500 feet
or the presence of unique barriers, such as a creek or grade-separated
highway, preclude the creation of a pedestrian connection.
(f)
Developments shall be designed to support existing and/or future
public transportation service through the provision of transit shelters,
public transportation pickup areas, roads and driveways designed to
handle the weight and length of a forty-foot bus, and other similar
features.
(g)
On tracts next to public transportation stations and/or on tracts
of 20 acres or more, the layout of uses and buildings shall be designed
to encourage pedestrian access to the existing or future public transportation
service.
(2)
Building design standards.
(a)
Building orientation and entrances.
[1]
Front facades of buildings shall be oriented towards existing
and proposed streets, with an everyday entrance in the front facade.
Buildings with multiple front facades shall have entrances in each
front facade, corner entrances, or, if permitted by the municipal
governing body, entrances in only some of the front facades.
[2]
All primary building entrances shall be accentuated. Permitted
entrance accents may include: recessed, protruding, canopy, portico,
or overhang.
[3]
Loading doors, service doors, and loading docks shall not be
located in any facade facing a street or any portion of a facade within
35 feet of a street.
(b)
Walls and windows.
[1]
Blank walls shall not be permitted along any exterior wall facing
a street or passenger train station. Walls in these locations shall
comprise a minimum of 35% window area and a maximum of 75% window
area, with windows interspersed across the facade.
[2]
Ground floor facades of retail, restaurant, and related uses
facing a street or passenger train station shall comprise a minimum
of 50% clear window area, with windows providing views of display
areas or the inside of the building. These ground floor windows shall
begin between 12 to 24 inches above ground level and shall end above
86 inches above ground level.
[3]
Smoked, reflective, or black glass in windows is prohibited.
[4]
Walls or portions of walls where windows are not provided shall
have architectural treatments designed to break up the bulk of the
wall, including at least four of the following treatments: masonry,
but not flat concrete block; concrete or masonry plinth at the base
of the wall; belt courses of a different texture or color; projecting
cornice; projecting metal canopy; decorative tilework; trellis containing
planting; medallions; opaque or translucent glass; artwork; vertical/horizontal
articulation; lighting fixtures; or a similar architectural element
not listed above, as approved by the municipal governing body.
|
Illustration of Facade Requirements
 |
[5]
Rear and side facades shall have colors and materials that are
similar to the front facade and shall blend with structures within
the development. Any development with more than one building on the
site shall have a common and coherent architectural theme throughout
the development.
(c)
Roofs.
[1]
Building ridgelines or roof planes facing a street, parking
area, or walking area must be interrupted at least once every 100
feet by the inclusion of at least two of the following: a gable, a
dormer, a vertical change of five feet or more, a tower, a dome, a
barrel vault, a projecting cornice, an articulated parapet of five
feet or more, or the inclusion of a similar architectural feature.
[2]
Buildings shall use parapets or mansard-type roof styles to
conceal flat roofs, elevator and stair shafts, large vents, and rooftop
equipment such as HVAC units along all roof edges.
(d)
Building massing.
[1]
Buildings shall be designed to achieve a fine-grained texture
by dividing large facades into the appearance of several sections
or smaller buildings to avoid the appearance of a large, monotonous
building mass.
[2]
Buildings must have at least a three-foot break in depth in
all front facades for every 100 feet of continuous facade. Such breaks
may be met through the use of bay windows, porches, porticos, building
extensions, building recesses, balconies, towers, and other architectural
treatments.
[3]
In addition to the required three-foot break, building facades
of 200 feet or more facing a street, surface parking lot, passenger
train station, or walking area shall include design elements that
will break up the facade, such as awnings, porches, canopies, towers,
balconies, bays, gables, changes in materials, changes in facade treatments,
etc.
(3)
Parking design standards.
(a)
Surface parking.
[1]
Surface parking lots shall be located to the rear of principal
buildings or to the side. Surface parking shall not be located between
a building and a street.
[2]
Surface parking shall not extend more than 70 feet in width
along any street without being interrupted with a principal building.
[3]
Parking lots visible from a street shall be continuously screened
by a three-foot-high wall/fence or hedge. Parking lots adjacent to
a residential use shall be continuously screened by a six-foot-high
wall/fence or hedge. Screening shall also include street trees.
[4]
Surface parking lots within a block in a TC development shall
be interconnected by access driveways.
[5]
Each lot created within a TC development shall provide cross-access
easements for its parking areas and access driveways guaranteeing
access to adjacent lots within the same block that are zoned TC. Interconnections
shall be logically placed and easily identifiable to ensure convenient
traffic flow.
(b)
Structured parking.
[1]
Except for their pedestrian and vehicular entrances, structured
parking garages, or structured parking within a principal building
that is located within 50 feet of a street curbline at street level,
shall have office, entertainment, institutional, apartment lobby,
retail, restaurant, or a related use in occupied space along 70% of
the first floor of the structured parking that faces the street.
[2]
Structured parking shall have design treatments such as colonnades,
arcades, awnings, landscaping, street furniture, and other public
amenities to create the appearance of an occupied building. Blank
walls are not permitted.
[3]
Cars shall be generally visually screened from the street through
features such as grills, lattices, mock windows, louvers, false facades,
etc. Such screening shall be in keeping with the rest of the building's
architectural style and materials.
|
Illustration of Parking Requirements
 |
(c)
Access to off-street parking. When feasible, vehicular access
to off-street parking facilities shall be from a street, alley, or
driveway that has no retail or related uses facing this street or
alley. When this is not feasible, access shall be located as far from
retail or related uses' front facades as possible.
(4)
Pedestrian design standards.
(a)
Sidewalks, with a minimum unimpeded width of eight feet, are
required along all street frontages with retail, restaurant, and related
uses. Sidewalks with a minimum width of six feet are required along
all street frontages with other uses.
(b)
Sidewalks are required to connect the street frontage to all
front building entrances, parking areas, plazas, and any other destination
that generates pedestrian traffic. Sidewalks shall connect to existing
sidewalks on abutting tracts and other nearby pedestrian destination
points and transit stops.
(5)
Open space and plaza design standards.
(a)
Required open space areas shall only consist of plazas, central
greens, playing fields, playing courts, playgrounds, trails, greenways
with trails, pedestrian malls, promenades, picnic areas, and other
similar types of usable public space, designed in accordance with
the Lower Paxton Township Subdivision and Land Development Ordinance.[2]
(b)
Required open space areas shall be designed as focal points
within the development and shall make public access as easy and straightforward
as possible. Public access shall be guaranteed to all required open
space through a deed restriction or other means acceptable to the
municipal governing body.
(c)
Plazas shall meet the following requirements:
[1]
TC developments shall provide one square foot of plaza area
for every 40 square feet of gross building floor area; however, TC
developments with less than 100,000 square feet of gross floor area
are not required to provide any plaza area. Because of limits on the
maximum size of plazas, more than one plaza area may be required in
larger developments.
[2]
Individual plazas shall be no smaller than 2,500 square feet
and no larger than 40,000 square feet.
[3]
Plazas shall be surrounded on all sides by either streets or
the front facades of buildings. Perpendicular or angled parking spaces
shall not abut plazas. When streets abut a plaza, the opposite side
of the street from the plaza shall have building front facades rather
than parking lots or open space facing the plaza.
[4]
At least 25%, but no more than 80%, of the plaza shall be landscaped
with trees, shrubs, and mixed plantings with year-round interest.
[5]
Plazas shall be centrally located within the TC development
and easily and conveniently accessible from all residential and nonresidential
buildings. Plazas shall be integral to the development and designed
as a focal point for the TC development.
|
Illustration of Plaza Designs
 |
[6]
The plaza shall not be used for parking, loading, or vehicular
access, except emergency and maintenance vehicular access.
[7]
Plazas shall include a defining central element, such as a large
fountain, sculpture, gazebo, pond, or similar feature. They shall
also be improved with a variety of other amenities, such as small
fountains, public art, shade trees, trash containers, benches, decorative
pedestrian lights, trellises, and/or other similar features. These
improvements shall be provided in locations and amounts that are acceptable
to the municipal governing body.
(6)
Lighting standards.
(a)
Adequate lighting for pedestrians and vehicles shall be provided
in all areas open to the public.
(b)
Lighting shall be shielded to meet the following requirements:
[1]
No light shall shine directly from a light source onto the ground,
into the windows, or onto improvements of an abutting property, although
incidental light may be permitted to fall on abutting property. Such
incidental lighting shall not exceed 1/2 an ISO footcandle at ground
level on the abutting property.
[2]
No light, except streetlights, shall shine directly onto public
roads.
(c)
Where the abutting property is residentially zoned and used,
lighting shall meet the following requirements:
[1]
Light fixtures shall be directed towards the proposed development
and away from the abutting property.
[2]
The light source itself must not be visible from the abutting
residential property.
[3]
Light fixtures shall be set back at least 20 feet from the property
line.
[4]
Light fixtures located within the building setback area that
adjoins a residentially zoned and used property shall be no more than
10 feet in height.
(d)
No parking lot lighting standard or building fixture designed
to illuminate the ground shall exceed 18 feet in height from grade
level, and no pedestrian lighting standard shall exceed 14 feet in
height from grade level.
(7)
Refuse area design standards.
(a)
The storage of refuse shall be provided inside the building(s)
or within an outdoor area enclosed by either walls or opaque fencing
at least six feet in height. Any refuse area outside of the building
shall be designed to be architecturally compatible with the building(s)
and shall not be located in the front of the building.
(8)
Screening design standards.
(a)
All wall-mounted or ground-mounted mechanical, electrical, communication,
and service equipment, including satellite dishes and vent pipes,
shall be screened from public view by parapets, walls, fences, landscaping,
or other approved means.
(b)
Service and loading areas must be visually screened from streets
and pedestrianways and must be located to the side or rear of buildings.
(10)
Outdoor storage. Outdoor storage is not permitted.
F.
Bonus provisions.
(1)
TC developments with at least 15% of the development's commercial
building floor area providing experiential commerce shall receive
a FAR bonus of 0.5.
(2)
TC developments which contain a regional attraction shall receive
a FAR bonus of 1.
(3)
TC developments which construct a structured parking facility
containing parking for 100 or more vehicles shall receive a FAR bonus
of 1.25.
(4)
TC developments with 80% green buildings, in accordance with
one of the following definitions, shall receive a FAR bonus of 0.5:
(a)
Green buildings shall include buildings that meet the silver
or higher designation in the Leadership in Energy and Environmental
Design (LEED) program, as determined by the Green Building Certification
Institute.
(b)
Green buildings shall include buildings that meet any national,
generally accepted certification that is equivalent to the LEED silver
or higher designation.
G.
Parking standards.
(1)
Parking ratios. Any building or structure erected, altered,
or used, and any lot used or occupied for any of the following purposes,
shall be provided with the maximum or minimum (specific to the use)
number of parking spaces set forth below, except as adjusted for shared
parking or on-street parking.
|
Use
|
Minimum Requirement
|
Maximum Requirement
|
|---|---|---|
|
Retail commercial sales, excluding drive-through facilities
|
2 spaces/1,000 square feet (SF) gross floor area (GFA)
| |
|
Restaurants and other food or beverage establishments, excluding
drive-through facilities
|
1 per 2 seats, or 5 spaces for a use without customer seats,
plus 1 for each 1.1 employees
| |
|
Professional, administrative, and/or business offices
|
2 spaces/1,000 SF GFA
| |
|
Convention centers, meeting facilities, banquet halls
|
1 space per every 4 persons of seating capacity
| |
|
Banks or financial institutions, excluding drive-through facilities
|
2 spaces/1,000 SF GFA
| |
|
Hotels
|
1 space/room (plus 50% of restaurant requirement if applicable)
| |
|
Bed-and-breakfast facilities
|
1 space/room (plus 50% of restaurant requirement if applicable)
| |
|
Museums
|
1 space per 450 square feet of gross floor area
| |
|
Theaters
|
1 space/4 seats maximum occupancy
| |
|
Schools
|
1/7 students design capacity
| |
|
Day-care centers
|
1/5 students design capacity
| |
|
Post offices
|
1 space per 450 square feet of gross floor area
| |
|
Community centers
|
1 space/4 seats maximum occupancy
| |
|
Libraries
|
1 space/4 seats maximum occupancy
| |
|
Personal service businesses
|
2 spaces/1,000 SF GFA
| |
|
Studios or galleries for dance, music, fitness, art, or photography
|
1 per 4 persons of maximum capacity of all facilities
| |
|
Bowling alley/racquet sports/health club
|
1 per 4 persons of maximum capacity of all facilities
| |
|
Transit facilities
|
1 space per 3 employees on the largest shift
| |
|
Apartment units
|
1.5 spaces per unit
| |
|
Townhouses
|
1.25 spaces per unit
|
(2)
Exception for parking spaces located above or below ground.
Any parking located in a facility (parking structure) which is located
above or below grade is not subject to restrictions or provisions
identified in the minimum or maximum parking ratio requirements.
(3)
The Township Supervisors may allow installation of additional
parking spaces when there is evidence of a continued overflow of parking
as installed by the applicant. Evidence may consist of, and not be
limited to, the following: provide information that the employees
and/or patrons will utilize public transportation services or other
modes of transportation which are not related to the use of an automobile,
documentation of observations or surveys of actual parking situations
of same uses at similar locations, etc.
(4)
Shared parking.
(a)
The parking spaces required in the above standards may be reduced
when two or more establishments share the same parking area, whether
on the same lot or on abutting lots, subject to the following conditions:
[1]
That some portion of the shared off-street parking area lies
within 1,000 feet of an entrance, regularly used by patrons, into
the buildings served by the shared parking facilities.
[2]
That access and parking easements are prepared and recorded
for each property affected by the shared parking.
[3]
All shared parking shall consider safety, accessibility and
convenience for the pedestrian traveling between the points of destinations.
(5)
On-street parking. On-street parking spaces within a development
may be counted towards the amount of required parking.
H.
Streetscaping standards.
(1)
Sidewalks and crosswalks.
(a)
Sidewalks are required along all street frontages, alleys, and
internal driveways. Sidewalks along alleys may be waived if an applicant
can demonstrate that these areas are not anticipated to have pedestrians.
Sidewalks shall meet the following width requirements:
(b)
Sidewalks shall be constructed of durable, attractive materials
like brick, stone, or high-quality concrete accented with pavers.
Sidewalk materials shall be continued across curb cuts when possible.
(c)
Arterial streets shall be separated from sidewalks by a six-foot-wide
landscaped strip, decorative verge area, or expanded sidewalk area,
so as to allow for street trees and to buffer pedestrians from automobile
traffic. All other streets shall be separated from sidewalks by a
four-foot-wide landscaped strip, decorative verge area, or expanded
sidewalk area.
(d)
Sidewalks shall be required to connect the street frontage to
all front building entrances, parking areas, plazas, other usable
open space areas, and any other destination that generates pedestrian
traffic. Sidewalks shall connect to existing sidewalks on abutting
tracts and other nearby pedestrian destinations and/or transit facilities.
(e)
All sidewalks shall have accessibility ramps and shall comply
with the regulations of the Americans with Disabilities Act.
(f)
Crosswalks not more than 10 feet and not less than six feet
wide shall be required at all street intersections and wherever necessary
to provide safe pedestrian access to buildings, open space areas,
and public transit facilities.
(g)
Crosswalks shall be constructed of inlaid thermal plastic, patterned
surface dressing, or stone/brick/concrete pavers that make them easy
to view and distinguish from the rest of the roadway. Crosswalk borders
shall be highlighted with white lines at least six inches in width.
Minor streets within the development may have painted white crosswalks.
(2)
Traffic calming devices.
(a)
Curb extensions/bulb-outs.
[1]
Curb extensions/bulb-outs narrow the street cartway at intersections
and midblock locations to make pedestrian crossings shorter and/or
reduce the perceived width of long, straight streets.
[2]
Curb extensions/bump-outs shall extend at least six feet from
the rest of the curbline into the street.
[3]
Curb extensions/bump-outs shall be at least 15 feet in length.
[4]
Curb extensions/bump-outs must leave at least 20 feet of cartway
for travel lanes on arterial streets, and 18 feet of cartway on all
other streets.
(b)
Raised median islands.
[1]
Raised median islands are narrow islands between travel lanes
that are designed with breaks in landscaping and curbing for pedestrians.
[2]
Raised median islands shall be at least six feet wide; however,
the municipal governing body may allow this width to be reduced to
four feet when existing street cartway and sidewalk widths warrant
a narrower width.
[3]
Raised median islands shall be a minimum of 20 feet in length;
however, the municipal governing body may allow this length to be
reduced to 12 feet when a longer length would interfere with a driveway.
[4]
Portions of raised median islands not used for sidewalk area
shall be landscaped.
(c)
Traffic circles.
[1]
Traffic circles are raised islands located in the center of
an unsignalized intersection.
[2]
Traffic circles shall be designed to give vehicles adequate
turning radii within the intersection, with all traffic negotiating
the circle and circulating in a counterclockwise direction.
[3]
The diameter of traffic circles may not be less than 13 feet.
[4]
At least 16 feet of street width must be located between the
traffic circle and the closest curbline.
[5]
Traffic circles shall be designed with mountable curbs.
[6]
Traffic circles shall be landscaped.
[7]
A plaza may be contained within a traffic circle.
(d)
Speed humps.
[1]
Speed humps are raised, elongated surfaces on the roadway designed
to slow traffic.
[2]
Speed humps shall be three to four inches in height.
[3]
Speed humps shall be at least 14 feet in length.
[4]
Speed humps shall be constructed across the cartway, from curb
to curb.
[5]
Speed humps shall have a parabolic cross section.
[6]
Speed humps are only allowed on local streets with a grade of
less than 8%. They are not permitted on collector or arterial streets.
(e)
Speed tables.
[1]
Speed tables are raised, flat-topped surfaces on roadways, often
built with brick or other textured materials on the flat section.
[2]
Speed tables shall be three to four inches in height.
[3]
Speed tables shall have a total length of 22 feet, with six-foot
ramps on each end and a flat ten-foot section in the middle.
[4]
Speed tables shall be built from curb to curb.
[5]
Speed tables shall not be installed on arterial streets.
(f)
Raised crosswalks.
[1]
Raised crosswalks are marked and elevated pedestrian areas that
are an extension of the sidewalk at midblock locations or intersections.
[2]
Raised crosswalks shall be three to six inches in height.
[3]
The ramps on each side of the crosswalk shall have a grade of
4% to 8%.
[4]
The flat area of the crosswalk shall be at least 10 feet in
width.
[5]
Raised crosswalks shall be installed curb to curb.
[6]
Raised crosswalks shall not be installed on arterial streets.
(g)
Raised intersections.
[1]
Raised intersections are intersections, including crosswalks,
that are raised above the street cartway level.
[2]
Raised intersections shall be three to six inches in height.
[3]
The ramps on each side of the raised intersection shall have
a grade of 4% to 8%.
[4]
Raised intersections shall cover the whole intersection, including
crosswalk areas.
[5]
Raised intersections shall not be installed on arterial streets.
(3)
Street furniture and streetscape elements.
(a)
Street furniture shall be provided and include (though not be
limited to) benches, trash and recycling receptacles, planters, and
bike racks. Street furniture shall be decorative, functional, and
properly scaled to the space.
(b)
Street furniture shall be provided to the municipal governing
body's specifications on style and/or color, and shall be given final
approval by the municipal governing body.
(c)
Street furniture shall be properly maintained by the property
owner and be constructed of durable materials such as cast iron, aluminum,
stainless steel, or similar materials.
(d)
All furniture and streetscape items shall be offset from the
curb by a minimum of 1.5 feet to avoid car door obstruction. Furniture
intended for seating shall be set back from the curb by a minimum
of five feet from arterial roads without on-street parking.
(e)
A minimum of five linear feet of seating, such as a bench or
a cluster of chairs, shall be provided for every 1,000 square feet
of plaza area on public or private land. Areas seating at least four
people at a time shall be provided at the rate of one per block face,
outside of plaza areas.
(f)
Between two and four paired trash and recycling receptacles
shall be placed along each block face with more than 40,000 square
feet of commercial uses, one pair at each end of the block and additional
receptacles spaced evenly between. A minimum of one additional trash
receptacle shall be provided for each 5,000 square feet of public
open space.
(g)
Sidewalk-mounted trash receptacles shall have at least three
feet clear on all sides from any standing object, including, but not
limited to, parking meters, lights, and sign posts.
(h)
One drinking fountain shall be provided for each 10,000 square
feet of usable public open space.
(i)
Freestanding planters and protective devices, such as bollards,
shall be installed between sidewalks and adjacent vehicular traffic
to help shape the pedestrian environment.
(j)
All new retail and office development shall provide a minimum
of one bicycle parking rack per 20,000 square feet of gross floor
area or fraction thereof. A minimum of one bicycle parking rack shall
be provided for every 10,000 square feet of public open space.
(k)
Bicycle racks shall be located in highly visible, well-lit areas
near building entrances; bicycle parking areas shall not obstruct
walkways. Bicycle parking may be provided within a building, but the
location must be easily accessible for bicyclists. Establishments
that provide internal bicycle parking may also want to consider providing
lockers and shower facilities to encourage employees to bike to work.
(4)
Site and streetscape lighting.
(a)
Applications for development in the TC District shall include
a lighting plan.
(b)
Lighting that is oriented for vehicles shall be generally spaced
at 100 to 120 feet on center in a staggered pattern.
(c)
Pedestrian-oriented streetlights shall be provided and spaced
at 40 to 60 feet on center, paired across the street or, 80 to 120
feet on center in a staggered pattern. They should be centered on
a line 20 inches from the face of curb.
(d)
With approval from the Board of Supervisors, these spacing guidelines
may be modified to meet minimum safety standards and provide a logical
rhythm or cadence. Minor adjustments may be necessary to avoid utilities,
vaults, and other conditions.
(e)
Public areas and open spaces shall be lit for safety and ease
of visibility.
(f)
Lighting fixtures and luminaires, both pole-mounted and building-mounted,
shall be consistent and/or compatible with any existing light fixtures,
and the Board of Supervisors shall have final approval over the style
and placement of all lighting fixtures.
(g)
Light fixtures shall be constructed of durable, attractive materials
and be easy to maintain. Light poles be constructed of durable materials
such as cast iron, aluminum, stainless steel, or similar materials.
(h)
Where the abutting property is residentially zoned or used,
nonresidential uses shall direct light fixtures toward the proposed
development and shield the residential properties from direct lighting
or glare. The light source itself must not be visible from the abutting
residential property.
(i)
No streamers or festoon lighting, comprising a group of incandescent
light bulbs, shall be hung or strung on a building or any other structure.
(j)
No flashing or intermittent or moving lights, including lights
on signs, shall be permitted.
I.
Usable open space standards. The following requirements apply to
all proposed usable open space in Towne Centre developments.
(1)
General usable open space standards.
(a)
Usable open space areas shall be focal points of the community
and key public assets. These areas must be visible and accessible
from a public walkway or sidewalk, and shall not be in utility areas,
stormwater management areas, or behind buildings.
(b)
At the discretion of the Township, stormwater management ponds
may be used as usable open space areas when these ponds (when permanently
containing water) function as a focal point such as by installation
of a fountain centered in the pond and equal in height to 1/2 the
diameter of the pond or greater.
(c)
Usable open space areas shall be located within 200 feet of
an adequate parking area for the open space area or within 200 feet
of a public street.
(d)
Usable open space areas shall connect to outdoor cafes, restaurants
or building entrances and have maximum direct sunlight. Necessary
shade shall be provided by trees, canopies, trellises, building walls
or tables with umbrellas.
(e)
Usable open space areas shall be generally flat and unconstrained,
and at grade with sidewalks whenever possible. At most, a three-foot
differential between the sidewalk and the space may be allowed for
physical definition of space.
(f)
Trails, paths, and sidewalks shall be clearly marked and separated
from vehicular travel ways and shall connect to the sidewalk system.
(g)
No parking, loading or vehicular access is allowed in or on
the open space, other than for emergency or maintenance vehicles.
(h)
The applicant must submit a maintenance plan describing how
improvements will be managed and maintained. The responsibility for
maintenance shall rest with the owner of the property.
(i)
Usable open space areas shall be deed restricted to permanently
preserve the area and to guarantee permanent public access.
(2)
Specific open space standards.
(a)
Central greens.
[1]
Buildings abutting central greens shall have entrances facing
the central greens.
[2]
Central greens shall be surrounded on all sides by either streets
or the front facades of buildings, with at least 45% of their perimeter
surrounded by public streets.
[3]
Central greens shall contain both open grassed areas and more
formally landscaped areas, as well as pedestrian facilities, such
as sidewalks, paths, benches, or gazebos. At least 60% of any central
green shall be landscaped with trees, vines, shrubs and seasonal flowers,
as well as lawn area around these features.
[4]
Central greens shall also include central public amenities,
such as (but not limited to) a water feature, fountain, gazebo, band
shell, sculpture, play sculpture, etc.
[5]
Central greens shall be at least 10,000 square feet in size
but no greater than 40,000 square feet.
(3)
Trails or greenways with trails.
(a)
To the maximum extent feasible, trails and greenways with trails
shall be installed in areas where significant natural and scenic resources
exist on a site.
(b)
Trails shall be located in prominent areas with visual interest.
The primary portion of trails and area of greenways shall not be constructed
along private yards (unless separated by a fence and/or safety buffer),
public or private streets or rights-of-way, parking areas and driveways,
or stormwater detention facilities.
(c)
Trails or greenways with trails must be at least 1/2 mile in
length, must directly connect with an existing trail that is at least
1/2 mile in length, or must provide a critical link in a future trail
shown in the municipality's open space plan. Trails or greenways shall
also directly connect with the development's retail area via a sidewalk
connection or pathway.
(d)
Trails that are multiuse shall be at least 10 feet wide with
an aggregate six-foot-wide shoulder and shall be constructed of macadam
or a similar quality material. Pathways shall be at least five feet
wide. The entire trail corridor shall be a minimum of 30 feet in width.
(e)
A corridor up to 30 feet wide containing the trail or greenway
with trail shall be considered usable open space and shall count toward
fulfilling the requirements of the TC District.
(4)
Picnic areas.
(a)
Picnic areas shall be located adjacent to playground areas,
trails, greenways with trails, playing fields, playing courts, and
scenic resources at appropriate and convenient spots.
(b)
Picnic areas shall be used only during daylight hours; no lighting
shall be installed.
(c)
At least two picnic tables shall be provided for each picnic
area.
(d)
Adequate refuse and recycling containers shall be provided.
(e)
Shelters and/or shade trees and other landscaping shall be provided
at all picnic areas.
(f)
Two trees of at least two-inch caliper shall be provided for
every 1,000 square feet of picnic area.
(g)
Gazebo or picnic-type shelters may be used in addition to, but
not in exchange for, any landscaping requirements.
(h)
Picnic areas shall be at least 3,000 square feet in size, and
at least 30 feet wide.
(i)
Picnic tables shall be set back at least 10 feet from lot lines,
10 feet from the ultimate right-of-way of local access streets, and
25 feet from the ultimate right-of-way of collector or arterial streets.
(5)
Playgrounds.
(a)
Playgrounds shall include structured play equipment designed
for the use and enjoyment of children.
(b)
Playgrounds shall be used only during daylight hours; no lighting
shall be installed.
(c)
Sitting areas, including benches, shall be provided for the
convenience of persons supervising children.
(d)
Two trees of at least two-inch caliper shall be provided for
every 1,000 square feet of playground area; gazebo or picnic-type
shelters may be used instead of half the required shade trees.
(e)
When a playground is placed adjacent to playing fields, practical
measures, such as fencing and orientation of facilities, shall be
used to reduce hazards, especially from balls, frisbees, or other
flying objects.
(f)
Playgrounds shall be at least 2,500 square feet in size (within
any fenced areas) and 35 feet wide.
(g)
Playground equipment shall be set back at least 10 feet from
lot lines, 10 feet from the ultimate right-of-way of local access
streets, and 100 feet from the ultimate right-of-way of collector
or arterial streets.
(h)
Playgrounds shall be located within residential areas, and shall
be easily visible from the street.
(6)
Playing fields.
(a)
Playing fields shall be used only during daylight hours; no
lighting shall be installed.
(b)
Playing fields shall consist of a lawn area, unobstructed by
trees, shrubs, benches, and other playground equipment. Applicants
shall locate trees and shrubs at the perimeter of playing fields to
define their limits, enhance their appearance, and filter noise that
may be generated by any activities.
(c)
Playing fields shall be gently sloped, not less than 1% nor
more than 3% grade, and shall be well drained so as to be suitable
for use in good weather.
(d)
Playing fields may be fenced, and sitting areas may be provided
along the perimeter if desired by the applicant.
(e)
Playing fields shall be at least 8,000 square feet in size with
a minimum width of 80 feet.
(f)
The minimum setbacks to the edge of a playing field shall be
at least 50 feet from any dwelling unit. The minimum setback from
the ultimate right-of-way of streets shall be 25 feet from local access
streets, and 50 feet from collector or arterial streets.
(g)
Playing fields shall be located in residential areas or near
the edges of a TC development.
(7)
Playing courts.
(a)
Playing courts shall be constructed in accordance with specifications
approved by the Municipal Engineer and shall be oriented in a north-south
direction.
(b)
(c)
Tennis courts shall be fenced around the entire perimeter with
minimum ten-foot-high fencing.
(d)
Basketball courts shall be fenced with minimum six-foot-high
fencing under the following conditions:
(e)
Lighting may be provided for nighttime use of courts, so arranged
that no glare affects abutting residences on nearby streets, on a
demand-activated basis, until no later than 10:00 p.m.
(f)
Landscaping shall be provided along the exterior perimeter of
the playing courts, outside of the fenced-in area if applicable. Up
to 50% of the landscaped area may be planted with shrubs, and one
tree of at least two-inch caliper shall be planted for every 200 square
feet of planting area. In addition to any required trees and shrubs,
all of the landscaped area shall be covered with grass, organic mulch,
or live ground cover.
(g)
Playing courts shall be placed at covenient locations within
residential and/or retail areas, and may be used as a transitional
use between more naturalized open space areas.
(8)
Pedestrian malls or promenades.
(a)
Pedestrian malls or promenades shall be developed within the
equivalent of a street right-of-way, with a minimum fifty-foot right-of-way
width. Buildings shall be set back from the right-of-way area the
same distance as from a street. The pedestrian mall shall intersect
a public street in the same manner that a street would.
(b)
Except for landscaping, pedestrian paving shall cover the entire
right-of-way. Paving shall be enhanced, decorative paving and not
asphalt.
(c)
Paving sections shall be designed to accommodate emergency as
well as delivery vehicles. Necessary clear zones shall also be kept
so that vehicles may access the buildings. Deliveries shall be restricted
to hours when the pedestrian mall is not open to the public.
(d)
Loading dock entries shall not face onto pedestrian malls.
(e)
Seating areas, which may include benches or seats grouped around
or attached to a table, must be provided along each block face at
a rate of five linear feet of seating for each 300 linear feet of
pedestrian mall.
(f)
Landscaping shall be provided throughout pedestrian malls or
promenades and shall comprise at least 25% of the pedestrian area.
Up to 50% of the landscaped area may be planted with shrubs or flowers
in planters and pots. Additionally, one tree of at least two-inch
caliper shall be planted for every 500 square feet of planting area.
In addition to any required trees and shrubs, the landscaped area
shall be covered with grass, organic mulch, or live ground cover where
appropriate.
(g)
Between two and four paired trash and recycling receptacles
shall be placed along each block face with more than 40,000 square
feet of building area.
J.
ACCESSORY BUILDING
ALLEY
ARCADE
AWNING
BALCONY
BARREL VAULT
BAY
BLOCK
BUILDING
CANOPY
CENTRAL GREEN
COLONNADE
DORMER
DRIVEWAY
EXPERIENTIAL COMMERCE
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
FLOOR AREA RATIO
FRONT FACADE
GABLE
GREENWAY
GROUND FLOOR FACADE
MANSARD
MASTER PLAN
MULTIUSE TRAIL
PARAPET
PARTY WALL
PATH
PEDESTRIAN MALL
PEDESTRIAN-ORIENTED
PICNIC AREA
PLAYGROUND
PLAYING COURT
PLAYING FIELD
PLAZA
PORCH
PORTICO
PRINCIPAL BUILDING
STORY
STREET
STREET CONNECTIVITY INDEX
STREETSCAPING
STRUCTURED PARKING
STRUCTURED PARKING GARAGE
SURFACE PARKING
SURFACE PARKING LOT
TOTAL BUILDING FLOOR AREA
TRAIL
TRANSIT FACILITY
USABLE OPEN SPACE
WORKFORCE HOUSING UNITS
Definitions. As used in this § 203-321, the following words shall have the following meanings:
A subordinate structure, the use of which is incidental to
that of the principal building, but is located on the same site as
the principal building.
A narrow pedestrian or automobile lane that provides access
to the rear of lots and/or buildings, and may provide access to structured
parking.
An area contiguous to a street or plaza that is open and
unobstructed to a height of not less than 12 feet and that is accessible
to the public at all times. Any portion of an arcade occupied by building
columns, landscaping, statuary, pools, or fountains shall be considered
part of the arcade for the purpose of computing floor area.
A roof-like cover, often of fabric, metal, or glass, designed
and intended for protection from the weather or as a decorative embellishment,
and which projects from a wall or roof of a structure over a window,
walk, door, or the like.
A projecting platform that is open, roofless, surrounded
by a railing, and which is suspended or cantilevered from, or supported
solely by, the principal structure.
A semicylindrical roof shape which extends an arch over a
space.
A compartment projecting outward from the wall of a building
and containing a window or windows.
A unit of land surrounded on all sides by streets or other
transportation or utility rights-of-way, or by physical barriers to
continued development, such as bodies of water or public open spaces.
A structure that has a roof and walls, including structured
parking, and stands permanently in one place.
A roof-like structure, including an awning, that projects
from a wall of a building over a door, entrance, or window; or a freestanding
or projecting cover above an outdoor service area, such as at a gasoline
service station.
A centrally located open space area available for unstructured
recreation, its landscaping consisting of grassy areas and trees.
A sequence of architectural columns.
A window vertical in a roof or the roofed structure containing
such a window.
A privately maintained vehicular accessway on residential
or commercial properties.
The use of ambience, emotion, sound, and/or hands-on activity
to combine shopping and entertainment opportunities as an anchor for
customers to produce a perceived or actual added value from their
use of the product or service and time in the retail space;
The bringing together of retailing, entertainment, music and/or
leisure in a combination of physical, functional, operational and
psychological elements to produce physical and emotional sensations
during their time in the space; or
Offering consumers a chance to buy an experience that is personally
encountered, undergone, or lived through, rather than just an object
or service (the consumer buys a memory).
Industry-specific examples may include, but are not limited
to:
Arts and crafts and hobby shops that offer more than occasional
classes in activities such as quilting, knitting, model-making, paper
art, etc.
Home improvement stores that offer "do-it-yourself" classes
and/or have interactive displays where consumers can personally test
tools in real-world applications prior to purchase.
Appliance stores that offer cooking classes or allow shoppers
to try out a cooktop, dishwasher or washing machine in the store prior
to purchase.
Grocery stores that have incorporated food courts, buffets and
wine bars where consumers can enjoy a meal or a drink and a social
experience during shopping.
Sporting goods stores that incorporate golf and tennis simulators,
etc., that enable shoppers to "test drive" equipment.
Outdoor outfitters that offer climbing walls, lectures, classes
and travel adventures.
Clothing retailers with high-tech fitting rooms that enable
shoppers to see what an item of clothing would look like in different
sizes, colors, styles.
The total building square footage (building area), excluding
any structured parking facilities, divided by the site size square
footage (site area).
Those portions of a building's exterior elevation which face
and are most closely parallel to any abutting street.
The generally triangular portion of a wall between the edges
of a sloping roof.
An open space conservation area that provides passive recreational
opportunities and may have pedestrian and/or bicycle trails.
Those portions of a facade which face and are most closely
parallel to the floor that is most closely above or on the same plane
as the sidewalk.
A roof with two angles of slope, the lower portion of which
is steeper, has an angle greater than 45°, and derives part of
its support from the building wall.
A zoning plan to demonstrate use and design compliance for
a tract as a whole, to be used as subareas of the tract are developed.
A trail that permits more than one type of user group at
a time, creating a two-way shared use area. The trail is constructed
of a hard paved surface or hard compacted cinder to facilitate wheeled
and pedestrian trail traffic.
That portion of a wall which extends above the roofline.
A wall common to but dividing contiguous buildings; such
a wall contains no openings and extends from its footing below the
finished ground grade to the height of the exterior surface of the
roof.
A temporary or permanent area that is normally dirt or cinder,
although some paths are asphalt or concrete. A path typically indicates
the common route taken by pedestrians between two locations.
An area of street-like proportions given over entirely to
pedestrian traffic, where the need for a vehicular right-of-way is
not great and vehicular traffic can be routed elsewhere.
An area designed with an emphasis primarily on sidewalks
and other passageways to allow for ease of walking, rather than on
auto access and parking areas.
A centrally located space sufficient for two or more picnic
tables with the option of a roofed overhead shelter.
A publicly accessible area developed with structured play
apparatuses for active play and recreation.
A recreational area with one or more structured playing fields
or courts for competitive sports, such as basketball or tennis.
A grassy recreational area for recreational activity.
An open space that may be landscaped, or paved, typically
surrounded by buildings or streets and used for passive recreation
and relaxation.
A covered but unenclosed projection from a front, rear, or
side wall of a building that may or may not use columns or other ground
supports for structural purposes.
A porch that leads to the entrance of a building, or extends
as a colonnade, with a roofed structure over a walkway, supported
by columns or enclosed by walls.
A building, or buildings, in which the principal use of the
lot is situated.
A complete horizontal section of a building, having one continuous
or practically continuous floor.
A publicly accessible thoroughfare that provides the principal
means of access for vehicular traffic to abutting property.
A numerical measurement used to quantify how well a roadway
network connects destinations.
Improvements that may either abut or be contained within
a public or private street right-of-way or accessway that may contain
sidewalks, street furniture, landscaping, streetlighting, trees, and
similar features.
A structure or portion thereof composed of one or more levels
or floors used primarily for the parking or storage of motor vehicles.
Structured parking may be totally below grade (as in an underground
parking garage) or either partially or entirely above grade with those
levels being either open or enclosed.
A partially or entirely above-grade structure of two or more
floors with the primary purpose of providing parking for motor vehicles.
This term encompasses both commercial parking facilities as well as
private parking structures. Structured parking garages may be designed
to have commercial space on the ground floor.
Parking or storage areas for motor vehicles that are entirely
at street grade and not enclosed by a building. This includes both
on-street and off-street parking.
A specific off-street area, at street grade, for the parking
or storage of motor vehicles.
The total square footage of all habitable area of a building,
not including covered outdoor space, as measured from the outside
of all exterior walls and supporting columns.
A pathway that is open to the public and is designed for
and used by pedestrians and bicyclists.
An area designated as a waiting, pickup, or dropoff area
for bus and/or train riders.
Land or water areas that are suitable and retained for use
as active or passive recreation areas.
Housing, both for-sale and rental units, built to be afforded
by households making no more than 100% of the area median income.
K.
Repealer. In the event of a conflict or discrepancy between any provision in this § 203-321 and any other provision of any other Lower Paxton Township ordinance, including but not limited to the Lower Paxton Township Zoning Ordinance or Lower Paxton Township Subdivision and Land Development Ordinance, then the provisions of this § 203-321 shall govern.
[Added 10-19-2021 by Ord. No. 21-07]
A.
Purpose and intent. This zone is established pursuant to the authority granted to Lower Paxton Township by Article VII-A of the Pennsylvania Municipalities Code (MPC), 53 P.S. § 10701-A, et. seq., and provides for a Traditional Neighborhood Development with no commercial or mixed uses. This zone seeks to promote conventional neighborhood planning and design principles for new residential communities. The primary goal of this section shall be to make permitted densities attainable in order to ensure the residential "highest and best use" of Lower Paxton Township's valuable and diminishing commodity of developable land, as well as to permit and provide for appropriate conventional neighborhood planning and design. The provisions of this section seek to balance the benefit and attraction of being able to achieve permitted densities with an increased emphasis on outstanding architectural design; creation of neighborhoods with a unique identity and a "sense of place" with green open space public "squares;" and establishment of scale, massing and architecturally consistent streetscapes which are of appropriate conventional neighborhood design proportions. Any property developed within the parameters of this section must be designed in accordance with the design guidelines contained in § 203-322O, hereinafter referred to as the "Neighborhood Design Guidelines (NDG)." Some of the specific development objectives of this section include the design and construction of neighborhoods that:
(1)
Reflect, preserve and enhance one selected consistent traditional
building style currently existing within the region.
(2)
Provide for an architecturally consistent and seamless diversity
of housing sizes appropriate for a mix of market segments of Lower
Paxton Township's population, and do so by intermixing the range
of housing choices together (as opposed to grouping similar housing
types together and separating from other housing types).
(3)
Make efficient use of local infrastructure and services, provide
for convenient vehicular access to the neighborhood's edges,
but also place an emphasis on pedestrian-friendly movements within
the neighborhood's boundaries.
(4)
Incorporate an efficient pattern of streets modified to produce
outstanding and attractive streetscapes.
(5)
Reserve and feature upkept green open spaces as community focal
points.
(6)
Provide safe, efficient and compatible linkages with existing
nearby land uses, by providing appropriate linkage of streets, sidewalks,
walking/bicycle trails and open spaces.
(7)
Foster social interaction among the neighborhood's residents
accomplished by targeting the spatial relationship between open spaces,
walking/bicycle trails, sidewalks, streets, front porches, and the
residential buildings.
(8)
Blend these above-described features in a manner that promotes
community identification, a "sense of belonging" and a "sense of place"
for the neighborhood's residents.
B.
Relationship to other ordinances and sections of Zoning Ordinance
- repealer. The provisions of this section create a zone consisting
of unique residential land use and design requirements from those
contained in other parts of the Lower Paxton Township Zoning Ordinance
as well as other Lower Paxton Township ordinances. To the extent the
provisions within this section differ (are more or less restrictive)
from others, those within this section shall govern. However, all
other provisions of the Lower Paxton Township Zoning Ordinance in
this chapter, as amended, and all other ordinances of Lower Paxton
Township shall remain in full force.
C.
Severability. Should any part of this section be declared invalid
by a court, be held in violation of any applicable law, or be determined
to be unenforceable for any reason, the invalidity or unenforceability
of such part shall not invalidate or render unenforceable any other
part of this section, which shall remain in full force and effect.
D.
Permit procedures. All proposed ND communities under the provisions
of this section shall be considered and governed by the Lower Paxton
Township zoning permit procedures, as amended. The Township shall
provide and use a zoning permit application exclusively for the ND
Zone which shall include, among other things, a matrix, by phase and
in total, of all specific ND Zone architectural, dimensional, ratio,
and percentage requirements as set forth in the approved Final Plan,
Architectural Design Book, and Master Plan. No zoning permit shall
issue if an applicant fails to supply all required zoning permit application
information. The remaining requirements of this section shall be used
as the specific criteria for evaluating the approval of proposed ND
communities.
E.
ATTACHED GARAGE
CARRIAGE HOUSE
FLEX FLAT
(1)
(2)
ND COMMUNITY
NO-IMPACT HOME-BASED BUSINESS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
TREE LAWN
Definitions. For the purposes of this section, certain words and
phrases are herein defined as follows:
A garage that is attached to the principal structure including
a built-in garage that has living space above.
A garage that is not attached to the main home and has self-contained
living space above or space for a home-based business above. A carriage
house shall be considered detached as long as walking from inside
the carriage house to inside the principal structure requires being
outside. Being attached by nominal structures such as roof-covered
walkways shall not constitute being attached to the principal structure.
A carriage house may be constructed either as a totally freestanding
detached structure, or it may be constructed in combination with other
carriage house (one or two) for other adjacent property(ies) in a
fashion which mimics a duplex in a side-by-side configuration (common
party wall with minimum one-hour fire rating).
Upon proper installation of a flex flat, the Lower Paxton Township
Zoning Officer shall issue a certificate of occupancy. Prior to the
Lower Paxton Township Zoning Officer issuing a certificate of occupancy,
the property owner shall present evidence of recording of a document,
in a form acceptable to Lower Paxton Township, which sets forth that
the use and occupancy of the flex flat is limited as set forth in
this section.
A proposed development project to be built under the requirements
of this section.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
The space within the public street right-of-way which is
defined as being from the back of the curb at the edge of the cartway
to the first edge of the street sidewalk. The tree lawn shall be seeded
with grass and maintained as grass and shall also contain street shade
trees (within the street right-of-way). The minimum width of the tree
lawn shall be five feet.
F.
Permitted uses.
(1)
Public or private parks, open spaces, playgrounds and recreational
areas, but not including amusement parks or similar uses which detract
from the character of the district or are operated for profit.
(2)
Single-family detached dwellings.
(3)
Duplexes.
(4)
Townhouses.
(5)
Multiple-family dwellings.
(6)
Flex flats.
(7)
Carriage houses.
(8)
Attached private garages.
(9)
Accessory uses customarily incidental to the above permitted
uses.
(10)
No-impact home-based business within a dwelling or a home-based
business within a carriage house.
G.
Minimum area requirements. Applications for development of new ND
Communities under this section shall require that the subject property
contain no less than 20 contiguous acres, whether comprised of one
parcel or multiple contiguous parcels. However, applications that
expand a previously approved development under this section shall
have no minimum area requirements.
H.
Required ratios of housing type mix based on percentage of open space.
(1)
The following table sets forth permitted residential structure
types and densities within ND communities based upon the extent of
proposed common open space. No ND Community may have less than 20%
of gross buildable acreage as common open space.
|
Dwelling Unit Type2
| ||||
|---|---|---|---|---|
|
Proposed Common Open Space (as a percentage of gross buildable
area1)
|
Single-Family Detached Dwelling Units
|
Duplex Dwelling Units
|
Multifamily Dwelling Units
|
Townhouse Dwelling Units
|
|
More than 20%, but less than 30%
|
More than 65%, but less than 75%
|
Less than 20%
|
Less than 20%
|
Less than 20%
|
|
30% or more, but less than 40%
|
More than 55%, but less than 65%
|
Less than 25%
|
Less than 25%
|
Less than 25%
|
|
40% or more, but less than 55%
|
More than 45%, but less than 55%
|
Less than 30%
|
Less than 30%
|
Less than 30%
|
|
55% or more
|
More than 25%, but less than 45%
|
More than 25%, but less than 30%
|
More than 25%, but less than 30%
|
More than 25%, but less than 30%
|
|
1
|
Gross buildable area shall be calculated from the required Master
Plan existing features map.
|
|
2
|
Residential structure types must vary throughout the ND Community.
|
(2)
Stormwater detention basins and drainage channels shall not
be used to meet the minimum common open space requirements, except
for areas that the applicant proves to the satisfaction of Township
Board of Supervisors would be able to be attractively maintained and
be usable for passive recreation during the vast majority of weather
conditions or that would have the appearance of a natural scenic pond.
(3)
Ownership and maintenance of common open space. The ownership
and maintenance of common open space shall be by a legally binding
homeowners association or lawful owner if no homeowners' association
is yet created. Lower Paxton Township shall not be responsible for
any expense associated with owning or maintaining the common open
space.
(4)
SALDO. This open space requirement shall be in place of any
recreation land or fee requirements in the Subdivision and Land Development
Ordinance.
I.
Lot standards. ND communities shall have a maximum permitted density
of five units per buildable acre. The following table and its footnotes
set forth applicable lot size, lot width and lot coverage standards
to be applied to the various dwelling types and their respective lots:
|
Use
|
Minimum Lot Area
(square feet)
|
Maximum Lot Area1
(square feet)
|
Minimum Lot Width at Building Setback Line
(frontage)(feet)
|
Maximum Lot Coverage2
|
|---|---|---|---|---|
|
Single-family detached dwelling lot with attached garage
|
6,000
|
10,000
|
55(45)
|
65%
|
|
Single-family detached dwelling lot with carriage house
|
4,500
|
8,000
|
40(35)
|
65%
|
|
Duplex dwelling lot with attached garage
|
4,500
|
7,500
|
40(35)
|
70%
|
|
Duplex dwelling lot with carriage house
|
3,500
|
6,500
|
30(25)
|
70%
|
|
Townhouse dwelling with attached garage (or front yard parking)
|
2,000 per unit
|
3,500
|
22(22)
|
75%
|
|
Townhouse dwelling with carriage house (or rear yard parking)
|
1,750 per unit
|
3,000
|
22(22)
|
75%
|
|
Multifamily dwellings
|
1,500 per unit
|
2,500
|
22 linear feet/unit
|
75%
|
|
1
|
Five percent of the total number of lots may exceed their respective
maximum lot size provisions.
|
|
2
|
Maximum-lot-coverage percentage refers to the area of the lot
covered by impervious surfaces or structures as a percentage of the
total building lot area.
|
J.
Minimum yard setbacks for principal structures. The following table
sets forth permitted minimum yard setbacks for principal structures.
|
Required Yard Setbacks for Principal Structures
| |||||
|---|---|---|---|---|---|
|
Use
|
Minimum Front
(feet)
|
Maximum Front
(feet)
|
Minimum Side
(feet)
|
Minimum Total Sides
(feet)
|
Minimum Rear1
(feet)
|
|
Single-family detached dwelling lot
|
10
|
25
|
5
|
10
|
25
|
|
Duplex dwelling lot
|
10
|
25
|
5
|
N/A
|
25
|
|
Townhouse dwelling lot
|
10
|
25
|
5 (end units)
|
N/A
|
25
|
|
Multifamily dwelling lot
|
10
|
25
|
5
|
10
|
25
|
|
Single-family detached dwelling lot fronting a community green
|
5
|
10
|
5
|
10
|
25
|
|
1
|
Minimum rear yard setback can be less than 25 feet for the purposes of locating attached garages, carriage houses or other accessory structures (as set forth in § 203-322K following).
|
K.
Minimum yard setback requirements for attached garages and carriage
houses. The following table sets forth permitted minimum yard setbacks
for attached garages and carriage houses.
|
Required Attached Garage or Carriage House Yard Setbacks4
| |||||
|---|---|---|---|---|---|
|
Garage Type
|
Type of Street Driveway Accesses From
|
Minimum Front
(feet)
|
Minimum1 Side5
(feet)
|
Minimum2 Sides
(feet)
|
Minimum Rear
(feet)
|
|
Attached garage (front load1)
|
Public right-of-way
|
20
|
5
|
10
|
25
|
|
Attached garage (side load2)
|
Public right-of-way
|
20
|
5
|
10
|
25
|
|
Carriage house (front load1)
|
Public right-of-way
|
50
|
3
|
8
|
5
|
|
Carriage house (side load2)
|
Public right-of-way
|
50
|
3
|
10
|
5
|
|
Carriage house (alley load3)
|
Private alley
|
50
|
5
|
10
|
5
|
|
Attached garage (alley load)
|
Private alley
|
25
|
5
|
10
|
10
|
|
1
|
A front-load garage is defined to be a garage which has door
facing the public right-of-way (street).
|
|
2
|
A side-load garage is defined to be a garage which has doors
not facing the public right-of-way (street) but not facing a private
alley.
|
|
3
|
An alley-load garage is defined to be a garage which has doors
facing a private alley.
|
|
4
|
Yard setbacks shall always be oriented based on the front, side
and rear yards as defined by the principal structure.
|
|
5
|
The "minimum one side setback" may be decreased to zero in the
instance of constructing attached carriage houses. Also, the "minimum
one side setback" automatically shall increase to 20 feet in instances
where a lot is a corner lot and the garage is either a side-load or
alley-load garage
|
M.
Structure heights.
(1)
Principal buildings and structures shall have a maximum height
of 40 feet.
(2)
Carriage houses shall have a maximum height of 30 feet.
(3)
All other accessory buildings and structures shall have a maximum
height of 25 feet.
(4)
A minimum of 75% of all principal residential dwelling units
shall be a minimum of two stories above ground and a minimum of 90%
of all principal residential dwelling units that front a community
green shall be two stories above ground.
N.
Public utility and service requirements. All ND communities must
comply with the following:
(1)
Mail delivery. Mail and boxes shall either be attached to each
unit's front facade, be located on posts on the street in front
of each respective unit or be cluster mail boxes. All mail box posts
and mailboxes shall be the same product throughout the ND Community.
All cluster mailboxes shall be within an open-air pavilion type structure
constructed in the same architectural style as set forth in the housing
Architectural Design Book. Different types of mail delivery may be
utilized for different housing types within any given single ND community
project. The mail delivery plan is subject to approval by the local
postmaster.
(2)
Water and sewer. All proposed dwellings shall be connected to
and served by both public water and public sewer utilities.
(3)
Underground utilities. All utility lines within ND communities
shall be located underground and within public streets or other public
rights-of-way or, preferably, private alleys. Existing utility lines
(including extensions, upgrades or improvements to utility lines)
which are located on the border/perimeter of the ND communities shall
not be required to be located underground. Any required utility structures,
buildings, pump stations or other similar devices shall be screened
from adjoining properties and roads as appropriate.
(4)
Utility meters. Utility meters larger than 100 square inches
each shall not be attached to the front of a dwelling in a manner
that makes them visible from a street. If utility meters are attached
to the front of the dwelling, they should have colors similar to adjacent
building materials and/or should be screened by landscaping.
(5)
Public transportation. Bus stops, if available, shall be placed
at appropriate location(s) along major roads serving the proposed
development as coordinated with local mass transit providers. Bus
stops shall include amenities such as those identified in the Stop
and Station Design chapter of the Harrisburg Bus Stop Optimization
Study. All bus tops shall be constructed in the same architectural
style as set forth in the housing Architectural Design Book. All proposed
bus stop locations shall be shown on the Master Plan.
(6)
Snow removal. Applicants must develop and map and plan for the
removal of snow from private streets (alleys), sidewalks and common
pedestrian paths and courtyards. Such plan must identify snowplow
drop locations during snow emergency periods.
O.
Neighborhood design guidelines (NDG). The following design guidelines
are hereby promulgated pursuant to the authority granted to Lower
Paxton Township by Section 708-A of the Pennsylvania Municipalities
Planning Code (MPC), 53 P.S. § 10708-A.
Infrastructure
(1)
Streets. All streets shall be designed in accordance with the
following requirements:
(a)
Any street within the ND District, whether public or private,
shall meet the same minimum construction material requirements and
construction specifications as any new street intended to be dedicated
to the Township under Township ordinances.
(b)
A street within the ND District, whether public or private,
shall be two-way and have a cartway width of 30 feet.
(c)
All streets within the ND District shall have a minimum right-of-way
width extending 10 feet on either side of the curb line.
(d)
Cul-de-sacs are prohibited in the ND District.
(e)
Dead-end streets are prohibited unless designed for future access
to adjoining properties that are likely to be developed within five
years as evidenced by a separate land development plan or a letter
of intent from the adjoining property owner. If such a temporary dead-end
street is permitted then a sufficiently large temporary turn-around
shall be constructed at the end of said street to allow for the largest
Township fire apparatus to properly egress the street.
(f)
All streets within the ND District shall have vertical curbing.
(g)
The applicant shall prove that the ND Community involves a fully
coordinated interior traffic access system that minimizes the number
of streets and driveways entering onto a state highway.
(2)
Alleys. All alleys shall be designed in accordance with the
following requirements:
(a)
Any alley within the ND District, whether public or private,
shall meet the same minimum construction material requirements and
construction specifications as any new street intended to be dedicated
to the Township under Township ordinances.
(b)
Alleys shall be designed to discourage through traffic.
(c)
Alleys shall have a minimum paved width of 14 feet if limited
to one-way traffic and 18 feet if allowing two-way traffic. Additional
width shall be required if any parallel parking is provided. The right-of-way
for an alley shall be at least four feet wider than the cartway (two
feet on each side of the cartway).
(d)
All alleys shall have adequate sight distance at all corners
and intersections with streets or other alleys.
(e)
All alleys shall be maintained by a legally binding homeowners
association, at no expense to the Township.
(f)
Alleys are not required to have curbing. If curbing is installed
in an alley, it shall be horizontal curbing.
(g)
All alleys shall be designed to provide adequate snow storage
areas.
(3)
Intersections. All street intersections shall be designed in
accordance with the following requirements:
(a)
No more than two streets shall intersect at the same point.
(b)
Street intersections should be designed in a manner so the intersecting
roads are directly opposite from each other.
(c)
The centerlines of streets shall intersect at right angles unless
existing conditions dictate otherwise. No street shall intersect another
street at an angle of less than 70° nor more than 120°.
(d)
The minimum separation distance between street intersections
shall be based upon the functional classification of the road to which
the proposed street intersection is planned. When in the best interest
of the health, safety or general welfare of the community, Lower Paxton
Township may require greater isolation distances and curb radii in
order to overcome obstacles such as, but not limited to, centerline
street grades, street alignments, functional speed limits, existing
land uses and proposed land development activities.
(e)
Clear sight triangles shall be provided at all street intersections.
Within such triangles, nothing, except permitted street signs, traffic
lights or signs, and mail boxes, which impedes vision between a height
of 2 1/2 feet and 10 feet above the center line grades of the
intersecting streets shall be erected, placed, planted or allowed
to grow.
(f)
All proposed intersections shall have sufficient horizontal
and vertical sight distance in order to provide a safe and convenient
point of ingress and egress.
(g)
All proposed four-way intersections shall have a four-foot bulb-out
on each side of each intersecting street extending back each street
to a point that is 50 feet from the intersection centerpoint. The
transition from full cartway width into each bulb-out shall be an
arc.
 |
(h)
All proposed three-way or "T" intersections shall have a four-foot
bulb-out on each side of the terminating street extending back the
terminating street to a point that is 50 feet from the intersection
centerpoint and a four-foot bulb-out 100 feet long on the opposite
side of the through street centered on the midpoint of the intersection.
The transition from full cartway width into each bulb-out and back
again shall be an arc.
 |
(4)
SALDO and street standards. As authorized by the traditional
neighborhood provisions of the State Municipalities Planning Code,
the Township Board of Supervisors shall have the authority to modify
specific street and other requirements of the Subdivision and Land
Development Ordinance, without proof of hardship, in order to result
in a development that is pedestrian-oriented and that promotes low-speed
traffic.
(5)
Street trees.
(a)
A minimum of one deciduous tree shall be required for every
50 feet of street frontage on each side of each existing or proposed
street. The street trees shall be located within the tree lawn except
for the side of a street segment enclosing a community green (see
design guidelines for community green). Tree wells may be used.
(b)
A uniform separation is required between street trees unless
a given placement would interfere with a driveway or walkway placement.
In which case the separation shall be calculated to result in the
most uniform separation possible on that street while still producing
a total number of street trees equal to one tree per 50 feet of the
length of the street.
(c)
Street trees, except for trees of a community green (see design
guidelines for community green) shall have a minimum trunk width when
planted of two inches, measured five inches above the ground level.
The species shall be approved by the Township Shade Tree Commission.
(d)
The site design of a ND Community shall carefully consider and
maximize the preservation of existing healthy attractive trees with
a trunk width of six inches or more, measured at a height of 3.5 feet
above the ground level.
(e)
Dead or destroyed street trees shall be replaced.
(6)
Landscaping.
(a)
Areas that are between the dwelling and the street curb and
that are not used for approved sidewalks or Tree Lawn shall be maintained
in a vegetative ground cover and landscaping.
(b)
A landscape planting plan shall be prepared by a registered
landscape architect. Such plan may specify a range of species in various
locations and may include typical planting locations without specifying
the exact location of each plant. Such plan shall state the minimum
initial sizes of landscaping. Such landscaping plan shall be offered
for review by the Township Planning Commission and Shade Tree Commission
and shall be approved by the Supervisors as part of the subdivision
plan.
(7)
Sidewalks.
(a)
Five-foot wide sidewalks shall be provided along both sides
of each street. The sidewalk shall begin five feet from the curb to
allow for the tree lawn.
(b)
Pedestrian crosswalks shall be provided at each intersection
internal to the ND development using materials and colors that visually
distinguish the crosswalk from the street surface and that include
some form of texture. The use of pavers, patterned concrete or stamped
textured asphalt is encouraged.
(c)
The materials, depths and cross sections of the sidewalks and
crosswalks shall be subject to approval by the Township, after review
by the Township Engineer.
(8)
Walking/bicycle paths.
(a)
All walking/bicycle paths shall be all-weather materials, hard
durable surface and be a minimum of eight feet wide as recommended
by FHWA and AAASTO. Where such paths intersect streets, they shall
include aprons for access by disabled persons according to standards
contained in the latest version of the Pennsylvania Universal Accessibility
Standards.
(b)
The path crossing the cartway shall be of distinct materials
(e.g., cobblestone, pressed concrete or macadam) and color to present
a visual and tire rumble indication that the pathway is present.
(c)
The majority of the pathways shall be ADA-accessible.
(d)
Every ND Community is encouraged to provide a minimum of 50
linear feet of walking path per buildable acre.
(9)
Street lighting.
(a)
All intersections shall have at least one decorative street
light placed within the Tree Lawn next to the curb.
(b)
Street lights shall be on either a fluted or straight pole no
more than 20 feet high and be either black or Brunswick green in color.
(c)
Street light fixtures shall be either frosted glass globe, "coach"
or "gaslight" style and allow access to the light source for maintenance.
If the coach or gaslight style fixture is used then its color should
match that of the pole. All fixtures shall be "full-cutoff" to keep
the light from exiting the fixture greater than parallel to the ground.
(d)
A minimum of 25% of the residential units shall have lamppost
lighting placed between the sidewalk and the residential unit. Lampposts
shall be white in color. Lamppost lighting shall be switchable from
within the residential unit. Lamppost fixtures shall be architecturally
compatible with the street light fixtures.
(e)
The entire ND development shall use the same street lights,
street light fixtures, lampposts and lamppost fixtures.
(f)
In all other respects, ND District lighting shall comply with
the Lower Paxton Township lighting ordinance.
(g)
Lighting plan. A lighting plan shall be prepared and shall specify
the locations, types, and styles of all street lights and lamp post
lights in addition to all other required specifications required by
the Lower Paxton Township Lighting Ordinance. Such lighting plan shall
be offered for review by the Township Planning Commission and shall
be approved by the Lower Paxton Township Supervisors as part of the
subdivision plan.
(10)
Common open space - community greens.
(a)
A minimum of 60% of the required open space shall be in the
form of a community green(s).
(b)
The minimum size of a community green is 1.25 acres with a minimum
length or width of 150 feet. The maximum size of a community green
shall be 2.5 acres.
(c)
A community green shall be internal to the ND development and
shall comprise its own block (i.e., bordered on all four sides by
a street) with residential units across each street fronting the community
green.
(d)
Community greens shall be of level topography to the greatest
extent possible.
(e)
Community greens may be used for subsurface stormwater management.
(f)
Community greens shall consist of upkept lawn with perimeter
trees and perimeter bench seating as specified infra.
(g)
Community greens shall be enclosed with sidewalk [as defined in § 203-322O(6)] set back five feet from the curb.
(h)
Community greens shall be planted with perimeter trees every
50 feet, set back 20 feet from the curb. The perimeter trees shall
be of the same deciduous large hardwood variety such as Sycamore,
White Oak, or Sugar Maple.
(i)
Community greens shall have benches of durable construction
and hard surface access a minimum of every 100 feet around the perimeter
of the community green set back between 10 feet and 15 feet from the
curb; however, each side of a community green shall have a minimum
of two benches. Benches shall be secured to a concrete pad or concrete
foundation/pilings for durability. The benches shall face into the
community green.
(11)
Playground(s).
(a)
When an ND plan proposes 50% or more of open space, a playground
or recreational area for children is encouraged. Such a playground
or recreational area, regardless of surface, will continue to be classified
as open space in satisfaction of the required open space requirement.
(b)
The playground or recreational area may, but does not have to,
be located within a community green provided it is located in one
corner of the community green so as to maximize unobstructed community
green open space and shall not exceed 3% of the total community green
area in which it is situated.
(c)
If the playground or recreational area is not situated in the
community green, it must be easily accessible from a sidewalk or walking
path.
(d)
The playground equipment, and surface area thereunder, shall
comply with all applicable safety and usability guidelines.
(e)
The perimeter of the playground or recreational area shall be
screened by shrubbery or fencing that is architecturally consistent
with the ND development.
(f)
The playground equipment must be esthetically appealing, and
shall be consistent with the chosen architectural design.
(12)
Ponds or other nonmoving bodies of water.
(a)
Any ponds or other nonmoving bodies of water within an ND community,
whether used for stormwater management or not, shall contain a fountain
that jets water to a minimum height of the apothem of the waterbody
as measured to the furthest shore or 50 feet, whichever is lower.
Housing Units
(13)
Architecture.
(a)
As a component part of any preliminary plan submission to the
Township an applicant for ND land development approval shall also
submit an "Architectural Design Book" showing, in sufficient irrevocable
detail so as to allow the Township Planning Commission and Board of
Supervisors to adjudge the final look and feel of the ND development,
the exteriors, elevations and lot placement of all residential units
and carriage houses in the development are of a consistent, recognized,
architectural style that will honor the intent of this section to
have a unified and consistent architectural style. British Colonial
Georgian and Mid-Atlantic, Neoclassical, Federal, and Modern Farmhouse
styles are preferred. The Architectural Design Book shall be subject
to approval by the Lower Paxton Township Board of Supervisors, after
review by the Lower Paxton Township Planning Commission, as a condition
of final subdivision and land development approval. A preliminary
plan submission without an Architectural Design Book shall be deemed
deficient and rejected.
(b)
The applicant shall establish legally enforceable provisions
controlling the style of architecture, porches, the general types
of exterior materials, and other architectural items as set forth
in the Architectural Design Book.
(c)
Upon final land development plan approval, the Architectural
Design Book shall become enforceable by Lower Paxton Township. Additionally,
the Township may require that some or all of the architectural provisions
be recorded and/or be included in a development agreement with the
Township. The Township shall have the authority to ensure that a system
continues to be in place to enforce the architectural provisions that
were required by the Township. However, the Township shall accept
no responsibility to directly enforce private deed restrictions upon
individual properties.
(14)
Unit height design. A minimum of 90% of the residential units within a ND community shall be at least two stories above grade, subject to the overall height requirements of § 203-322M.
(15)
Porches.
(a)
A minimum of 95% of the principal dwelling units in a ND Community
shall be constructed with an unenclosed front porch with a covered
roof structure that shall be a visual extension of the architectural
style of the dwelling.
(b)
A maximum of 5% of the nonsingle-family dwelling units may have
a covered front stoop. The stoop shall be constructed of brick, stone,
concrete or a synthetic composite.
(c)
A maximum of 10% of single-family dwelling units may be constructed
with a double gallery porch that encompasses both the first and second
stories and each shall be limited in length to 1/2 the front facade.
(d)
Every porch shall have three or more steps from grade to porch.
Steps shall not be less than 36 inches in width at all points, but
not more than 10 feet in width. Steps shall be centered on the front
door. Porch steps shall be composite wood with white colored risers,
brick tread with natural stone facade on front of the risers, or brick
tread with brick risers.
(e)
Porch floor surfaces may be standard or stamped concrete flooring
with brick inlay trim around the sides, all brick, composite wood,
flagstone, travertine, granite, or bluestone.
(f)
Porch columns.
[1]
Porch columns or posts shall be clad in a synthetic
material, white in color, and be round, square or rectangular in shape.
[2]
A minimum of 15% of single-family dwelling units
shall be constructed with tapered white columns/posts as the upper
section set on a brick or natural stone pier as the bottom of the
structure. This shall be utilized only with a minimum porch length
of at least 25 feet.
[3]
Column bases shall be aligned slightly inside of
the face of the porch foundation walls or piers.
[4]
Columns shall not be placed directly in front of
windows.
[5]
A minimum of 85% of SFD dwelling units shall be
constructed incorporating white columns or posts on both the front
and the wrap-around porches (if any).
(g)
Piers or chain walls beneath the porch, if present, shall be,
or appear to have, a brick, natural stone, dark colored stucco, or
tan/beige synthetic fiber cement facade.
(h)
Porch roofing shall be either the same as the principal dwelling
or metal.
(i)
All porches shall have a minimum ceiling height of 8 1/2
feet and a minimum roof overhang of one foot.
(j)
Minimum porch specifications.
|
Percent of Units
|
Dwelling Type
|
Minimum Depth
|
Minimum Length
|
|---|---|---|---|
|
90%
|
Single family
|
6 feet
|
8 feet
|
|
55%
|
Single family
|
8 feet
|
20 feet or 1/2 the width of the front facade, whichever is greater
|
|
90%
|
Duplex
|
4 feet
|
6 feet
|
|
90%
|
Townhouse
|
4 feet
|
6 feet
|
|
50%
|
Townhouse
|
6 feet
|
8 feet
|
|
80%
|
Multifamily
|
4 feet
|
6 feet
|
|
*
|
Higher unit percentages incorporate the lesser unit percentages
for the same dwelling type.
|
|
**
|
The percentages listed in this table does not decrease the overall porch percentage set forth in Subsection O(15)(a).
|
|
***
|
See additional specifications for wrap-around porches.
|
(k)
Wrap-around porches.
[1]
A minimum of 50% of single-family dwelling units
at the intersection of two streets shall be constructed with a wrap-around
porch that extends from the front to the second street side of the
dwelling.
[2]
A minimum of 75% of the duplex or multifamily dwelling
units at the intersection of two streets shall have a wrap-around
porch that extends from the front to the second street side of the
dwelling.
[3]
A minimum of 35% of the duplex dwelling units shall
have an extended wrap-around porch with a minimum depth of six feet
and a minimum length of eight feet.
[4]
A minimum of 80% of the townhouse dwelling end
units at the intersection of two streets shall have a wrap-around
porch with a minimum depth of six feet and a minimum length of eight
feet.
[5]
If a wrap-around porch is present, then the entire
porch shall be contiguous and visually flow from front to side and
be constructed of the same materials.
[6]
Where a wrap-around porch is used, the side porch
square foot area shall be a minimum of 50% of the square foot area
of the front section or 16 feet long at the same depth as the front
section, whichever is smaller.
(l)
Prohibitions. Exterior roll-down sunscreens, roller shades or
similar elements shall not be permitted on front porches. Raised planters
shall not block the front porch. Space beneath the porch may not be
occupied for any purpose. Porches shall not be enclosed.
(16)
Garages.
(a)
It is the intent of this subsection that ND developments shall
minimize the visual presentation of garages of each dwelling unit
to the principal street and be of sufficient capacity to minimize
on-street parking.
(b)
Of the total number of dwelling units in an ND development,
more dwelling units shall have garages that alley load than side load,
and more garages that side load than front load.
(c)
Every garage shall be able to accommodate a minimum of two vehicles.
(d)
All garages, whether attached or detached, shall be of the same
architecture as the principal structure. The architecture of detached
garages and Carriage Houses with garages shall be detailed in the
Architectural Design Book required by this section.
(17)
Driveways.
(a)
It is the intent of this subsection that ND developments shall
minimize the visual presentation of driveways of each dwelling unit
to the principal street.
(b)
Driveways may be constructed of asphalt, concrete, pavers, pervious
pavers, or brick. Brick driveways shall be of the same brick as on
the principal structure, if any.
(c)
Each duplex and multi-family building shall have driveways constructed
of the same material.
(d)
The material of each driveway shall be detailed in the Architectural
Design Book required by this section.
(e)
Driveways shall be 10 feet wide until such location as needed
to allow for passable ingress and egress of a two or more car garage.
(18)
Solar panels. Solar panels may only be installed on the roof
of principal dwellings so as to either not be visible from the street
(or streets if a corner lot) upon which the principal dwelling fronts,
or be of an architectural grade indistinguishable from traditional
roof shingles. Ground-based solar panels are prohibited in the ND
District.
P.
Modification of neighborhood design standards. The Lower Paxton Township Board of Supervisors may permit the modification of the provisions of this § 203-322 in order to encourage the use of innovative design as long as the proposed modification(s) is/are in keeping with the spirit of the purpose and intent (§ 203-322A). A landowner/developer desiring to obtain such approval shall, when making application for approval for a development under this section, also make application for modification. The Lower Paxton Township Board of Supervisors shall consider both the by-right development application under this section and the modification of design standards simultaneously. Any modification of the design guidelines shall be subject to the following standards:
(1)
Such modifications of design guidelines better serve the intended purposes of this section as expressed in the purpose and intent (§ 203-322A).
(2)
Such modifications of design guidelines would not result in
adverse impact to adjoining properties nor to future inhabitants of
the ND community.
(3)
Such modifications will not result in an increase in residential
densities permitted for the site.
(4)
The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria § 203-322P(1) through (4).
Q.
Master Plan.
(1)
Before any use is approved or lot is subdivided for a ND, the
applicant shall submit and have approved an overall "Master Plan."
Such Master Plan shall be submitted as part of or prior to a preliminary
plan submission for a ND development.
(2)
The Master Plan shall address coordinated vehicle access from
all adjacent land owned, equitably owned or otherwise controlled by
the applicant. If the applicant's land extends into an adjacent
municipality or zoning district, then the Master Plan shall also show
such area to plan for a coordinated road and infrastructure system.
(3)
The Master Plan shall be fully coordinated with any existing,
proposed or approved development on adjacent land, including providing
for pedestrian and bicycle access to adjacent tracts.
(4)
The Master Plan shall contain an existing features map that
accurately shows the locations of wetlands, 100-year floodplains,
areas of woodland, existing topography, existing buildings with a
description of any buildings over 70 years old, highlighting of 15%
to 25% slopes and 25% and greater slopes, and any major scenic views
from within the tract. The existing features map shall be reviewed
by the Township Zoning Officer and Township Engineer, and then determined
by the Planning Commission as to whether it represents a reasonably
accurate estimate of the number of dwelling units possible on the
site for purposes of establishing the buildable area of the site.
If such estimates are determined to not be accurate, the applicant
shall be required by the Zoning Officer to revise the existing features
map until it is accurate.
(5)
The overall Master Plan shall show proposed streets, alleys,
cartway widths, approximate lot lines and dimensions, common open
spaces, recreation areas, major pedestrian and bicycle pathways, parking
areas, major detention basins and proposed types of housing and nonresidential
uses.
(6)
The Master Plan and application for the ND development shall
be reviewed by the Township Planning Commission and the Board of Supervisors.
After any modifications, the Master Plan shall become part of the
approved preliminary plan under the Subdivision and Land Development
Ordinance. Once preliminary plan approval is granted for the ND development,
then individual lots may be submitted for final plan approval under
the Subdivision and Land Development Ordinance, and uses allowed by
this section may occur as permitted by right uses.
(7)
The Master Plan is not required to include the same level of
engineering detail as a preliminary subdivision plan. Stormwater calculations,
construction details, erosion and sedimentation control plans, profiles
and similar engineering details are not required at the Master Plan
stage. The Master Plan shall include sufficient information to accurately
show existing conditions and the proposed layout of the homes, lots,
open space, streets and alleys.
(8)
Changes to the Master Plan may occur, provided there is compliance
with Township ordinances. The Township may require that a revised
preliminary subdivision or land development plan be submitted and
approved if there are substantial changes from the previously approved
preliminary plan.
(9)
Consistent with final plan approvals, individual portions of
the ND development may be owned and constructed by different entities,
provided there is compliance with the overall Master Plan.
R.
Additional requirements and miscellaneous provisions.
(1)
Deed restrictions/covenants. The applicant shall submit a written
statement of the proposed substance of deed restrictions or similar
controls that would affect matters addressed in this chapter.
(2)
Association provisions. A draft set of homeowner association
or condominium association provisions shall be submitted for legal
acceptance by the Township Solicitor prior to recording of the final
subdivision plan.
(3)
Emergency vehicles and equipment. The ND development shall be
subject to review by Township public safety and fire officials to
assist the Township in determining whether sufficient access points,
cartway widths and turning radii will be provided for access by emergency
vehicles and equipment.
(4)
Phasing. If the ND development will be constructed in phases
then a phasing plan shall be submitted with the preliminary plan and
be shown on the Master Plan. The applicant shall demonstrate by clear
and convincing evidence that each phase of the ND development would
be able to function properly and meet Township requirements if later
phases of the ND development are not completed.
