[Ord. No. 1049, 11/18/2019]
1. 
Site Requirements.
A. 
Site Location. The location of all mobile home parks shall comply with the following minimum requirements:
(1) 
Free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.
(2) 
Not subject to flooding.
(3) 
Not subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
B. 
Site Drainage Requirements. Stormwater management controls as set forth in Chapter 26, Stormwater Management
C. 
Soil and Ground Cover Requirements.
(1) 
Exposed surfaces in all parts of every park shall be paved or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
D. 
Areas for Nonresidential Uses.
(1) 
No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park.
2. 
Design Standards.
A. 
Required Setbacks, Buffer Strips and Screening.
(1) 
All mobile homes shall be located at least 30 feet from any park property boundary line abutting upon a public street or highway right-of-way and at least 15 feet from other park property boundary lines, except mobile home space boundaries, which shall be minimum six feet.
(2) 
There shall be a minimum distance of 15 feet between an individual mobile home, including accessory structures attached thereto and adjoining pavement of a park street, or common parking area or other common areas.
(3) 
All mobile home parks may be required, at the discretion of the Board of Supervisors, to provide a planted visual screen.
B. 
Required Separation Between Mobile Homes.
(1) 
Mobile homes shall be separated from each other and from service buildings and other structures by at least 30 feet and shall be located not less than six feet from the mobile home lot boundary. Mobile home lots shall have minimum width of 50 feet and minimum length of 100 feet.
(2) 
An accessory structure which has a horizontal area exceeding 25 square feet, is attached to a mobile home and/or located within 10 feet of its window and has an opaque or translucent top or roof that is higher than such window shall, for purposes of this separation requirement, be considered to be part of the mobile home.
C. 
Street System.
(1) 
All streets to be offered for public dedication will conform to Chapter 22, Subdivision and Land Development, regulations.
(2) 
All streets not to be offered for public dedication shall conform to the following standards:
(a) 
General Requirements. A safe and convenient vehicular access shall be provided from abutting public streets or roads.
(b) 
Access. The entrance road connecting the park streets with a public street or road shall have a minimum cartway width of 20 feet with six-foot crushed stone shoulders.
(c) 
Internal Streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, in any case, shall meet the following minimum requirements:
1) 
Internal streets shall have a minimum cartway width of 20 feet with six-foot crushed stone shoulders, except one-way streets, which shall have a minimum cartway width of 10 feet with six-foot crushed stone shoulders.
2) 
Dead-end streets shall be provided at the closed end with a turnaround having an outside cartway diameter of at least 40 feet.
(d) 
Street Construction and Design Standards.
1) 
Streets. All streets intended to be dedicated for public use shall conform to Chapter 22, Subdivision and Land Development.
2) 
Streets. All streets not to be dedicated for public use shall be provided with a smooth, hard and dust-free surface which shall be durable and well-drained under normal use and weather conditions.
3) 
Grades. Grades of all streets shall be sufficient to insure adequate surface drainage, but shall be not more than 8%. Short runs, not exceeding 500 feet, with a maximum grade of 10% may be permitted, provided traffic safety is assured by appropriate surfacing, adequate leveling areas and avoidance of lateral curves.
4) 
Intersections. Within of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
D. 
Parking Areas.
(1) 
Areas shall be provided for the parking of motor vehicles. Such areas shall accommodate at least two parking spaces for each mobile home lot provided.
(2) 
Off-street parking areas may be provided in all mobile home parks for the use of park occupants and guests.
(3) 
Required car parking spaces shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of 100 feet from the mobile home that it is intended to serve. Said parking and related drives, when located within the confines of the mobile home lot, shall not occupy more than 20% of the area of the mobile home lot.
E. 
Mobile Home Stands; Construction. The area of the mobile home lot shall be improved to provide an adequate foundation for the placement of the mobile home. The mobile home lot shall be designed so as not to heave, shift or settle unevenly under the weight of the mobile home because of frost action, inadequate drainage, vibration or other forces acting on the superstructure.
F. 
Open Space Requirements.
(1) 
All mobile home parks shall provide and so indicate on the plan of the mobile home park suitable areas for recreation and open space uses by using the standard of 20% of the total area of the mobile home park of which 1/2 of the area shall be in one piece. The remainder may be used to provide pedestrian connecting links to the recreation areas.
(2) 
The recreation and open space shall be located as centrally as possible within the mobile home park in order to be easily accessible to the residents of the mobile home park.
(a) 
The open space shall be landscaped with a water-absorbent surface except for recreational facilities and walkways utilizing a hard surface.
(b) 
The open space must be maintained by the mobile home park operator or the open space can be dedicated to the Township, provided the Township is willing to accept and maintain the open space.
(3) 
The maximum impervious surface coverage shall be 60%.
3. 
Plan Requirements. In addition to the land development plan requirements of this chapter, the plan of proposed development shall show:
A. 
Location and width of all streets and rights-of-way, with a statement of any conditions governing their use.
B. 
Suggested street names and utility easement locations.
C. 
Proposed building setback lines along each street.
D. 
Lot lines with dimensions.
E. 
A statement of the intended use of all nonresidential lots and parcels.
F. 
Lot numbers and a statement of the total number of lots and parcels.
G. 
Sanitary and/or storm sewers (and other drainage facilities), with the size and material of each indicated, and any proposed connections with existing facilities.
H. 
Parks, playgrounds, streets and other areas dedicated or reserved for public use, with any conditions governing such use.
4. 
Water Supply.
A. 
General Requirements. An adequate supply of water shall be provided for mobile homes, service buildings and other accessory facilities as required by this chapter. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply shall be used exclusively. Where a satisfactory public water supply system is not available, the development of a private water supply system shall be approved by the Pennsylvania Department of Environmental Protection or other authorities having jurisdiction.
B. 
Fire Hydrants. Where a public supply of water is provided, fire hydrants shall be installed as agreed upon by the Board of Supervisors and the agency responsible for supplying water.
C. 
Individual Water-Riser Pipes and Connections.
(1) 
Individual water-riser pipes shall be located within the confined area of the mobile home stand a point where the water connection will approximate a vertical position, thereby insuring the shortest water connection possible and decreasing susceptibility to water pipe freezing.
(2) 
The water-riser pipe shall have a minimum inside diameter of 3/4 inches and terminate at least four inches above the ground surface. The water outlet shall be provided with a cap when a mobile home does not occupy the lot.
(3) 
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipe and to protect risers from heaving and shoving actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.
(4) 
A shutoff valve below the frost line shall be provided near the water-riser pipe in each mobile home lot. Underground stop-and-waste valves are prohibited unless their types of manufacture and their method of installation are approved by the Board of Supervisors.
5. 
Sewage Disposal.
A. 
General Requirements. An adequate and safe sewerage system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Such system shall be designed, constructed and maintained in accordance with the Pennsylvania Department of Environmental Protection and Township ordinances.
B. 
Individual Sewer Connections.
(1) 
Each mobile home stand shall be provided with at least a four-inch-diameter sewer-riser pipe. This sewer-riser pipe shall be imbedded in poured concrete, minimum twelve-inch diameter and a minimum eighteen-inch depth. The rim of the riser pipe shall extend at least 1/2 inch above ground elevation. The sewer-riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.
(2) 
The sewer connection shall have a nominal inside diameter of not less than three inches and the slope of any portion thereof shall be at least 1/4 inch per foot. All joints shall be watertight.
(3) 
All materials used for sewer connection shall be semirigid, corrosive-resistant, nonabsorbent and durable. The inner surface shall be smooth.
(4) 
Provision shall be made for plugging the sewer-riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser.
6. 
Electrical Distribution System.
A. 
General Requirements. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with Township ordinances regulating such systems.
B. 
Power Distribution Lines. Main power lines not located underground shall be suspended at least 18 feet above the ground, and shall have a minimum vertical clearance of eight feet above any mobile home, service building or other structure.
7. 
Service Buildings and Other Community Service Facilities.
A. 
The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities when constructed, such as management offices, repair shops and storage areas, laundry facilities, indoor recreation areas.
B. 
Structural Requirements for Building. All structural requirements shall be in accordance with Chapter 5, Part 1, Uniform Construction Code.
8. 
Refuse Disposal. The storage, collection and disposal of refuse in the mobile home park shall be so managed as to create no health hazards, rodent harborage, insect-breeding areas, accident or fire hazards or air pollution and shall be in accordance with Township ordinances.
9. 
Fire Protection. Fire protection provisions shall be in accordance with Chapter 7, Part 3, Fire Company.
10. 
Fuel. All piping from outside storage tanks or cylinders to mobile homes shall be copper or other acceptable metallic tubing and shall be permanently installed and securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit. Secondary containment shall be provided as necessary.
11. 
Supervision.
A. 
Responsibilities of the Park Management.
(1) 
The person to whom a permit for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition.
(2) 
The park management shall supervise the placement of each mobile home on its mobile home stand which includes securing its stability and installing all utility connections.
(3) 
The park management shall give the Board of Supervisors or its representative free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspection.
(4) 
The management shall maintain a register containing the names and addresses of all park occupants. Such register shall be available to any authorized person inspecting the park.
(5) 
The management shall notify the Pennsylvania Department of Environmental Protection immediately of any suspected communicable or contagious disease within the park.
[Ord. No. 1049, 11/18/2019]
1. 
Procedure for Establishing a Planned Residential Development. An applicant wishing to receive approval of a planned residential development within the Township of Ferguson shall submit plans in accordance with procedures provided for under this subsection.
A. 
Preapplication Conference. Before submitting an application for a planned residential development, an applicant is encouraged to confer with the Planning Commission, Township staff and Centre Regional Planning Agency to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.
B. 
Application for Tentative Approval of a Planned Residential Development.
(1) 
An applicant desiring to establish a planned residential development shall provide the Planning Commission with 10 full-size format and 10 11-inch-by-17-inch formatted copies of a development plan indicating the following:
(a) 
A key map at a scale of one inch equals 400 feet showing the location of the site in relation to adjacent properties and the larger neighborhood, adjacent zoning and road system connections with existing and proposed roads within 1,000 feet.
(b) 
Existing man-made features, including utilities, adjacent roadways and adjacent land uses and owners.
(c) 
Existing natural features, including, but not limited to, soil types, unique vegetation, all tree masses greater than 10 feet in height, all other trees in excess of four inches in caliper, rock outcroppings, closed depressions, sinkholes, watercourses, floodplains, steep slopes, wetlands and topography of the site.
(d) 
A conceptual landscaping plan showing the treatment of materials and design concepts used for private and common open space.
(e) 
A plan showing the proposed general lot layout; the location of the various types of land uses; the approximate location, use, height and bulk of building(s); the proposed density of population and housing in each distinct residential area; the location and size of recreational spaces, parks, schools and other facilities which are intended for public use with off-street parking; the provisions for automobile parking and the size and floor space of commercial or industrial uses.
(f) 
A public utility plan for sanitary sewer, water and stormwater management controls and their easements, and a general grading plan showing any major alterations that affect the tract topography by five vertical feet or more.
(g) 
A plan showing the width and location of proposed streets and public ways.
(h) 
The approximate locations of public transit amenities, bicycle paths, sidewalks and relevant recreational amenities including adjacent bikeways, sidewalks, parkland and open space.
(i) 
Signature block for Township Planning Commission and Board of Supervisors.
(2) 
The applicant shall also submit 10 copies of a written statement containing the following information:
(a) 
An explanation of the character of the planned residential development and the reasons why a planned residential development would be in the public interest and would be consistent with the Centre Region Comprehensive Plan and the Township's Parks, Recreation and Open Space Plan, when adopted. Discussion of other criteria used in site planning; such as natural features, consideration of adjacent land uses, circulation and community facilities is required with the explanation.
(b) 
Covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements or grants for public utilities.
(c) 
A statement of the present ownership of all the land included within the planned residential development and the applicant's interest in the land proposed for development. By definition, the PRD is required to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses. Therefore, if multiple owners wish to form a partnership in order to pursue tentative approval of a PRD, a lot consolidation plan will be required as a condition of approval and must be completed prior to submission of the pre-final design.
(d) 
The form of organization proposed to own and maintain the common open space and whether public or private ownership is proposed.
(e) 
A statement describing the proposed surface drainage of the tract, proposed erosion and sediment control plan and proposed sanitary sewage treatment system and water service. Documentation shall be provided to support the feasibility of the proposal for water supply, control of stormwater, erosion and sediment control and for the sanitary sewage treatment, including sewer authority and public water authority ability and capacity to serve the PRD.
(f) 
A traffic impact study as per the adopted Township standards.
(3) 
For the purpose of reviewing the proposed development plan at the Planning Commission and Board of Supervisors meetings, the applicant shall provide a digital version (.pdf or Township-approved equivalent) of the submission.
(4) 
A phasing plan indicating:
(a) 
The date when construction of the project can be expected to begin.
(b) 
The phases in which the project will be built and the date when construction of each phase can be expected to begin and end. The number and type of units to be developed in each phase shall also be included. This schedule will be updated every January.
(c) 
The development plan shall illustrate all items described in § 27-302, Subsection 1B(1)(a) through (i) above and include the phasing of all sections. In addition, the phasing of all on-site and off-site improvements such as roadways, storm drains and stormwater management shall be illustrated.
(d) 
The area and location of common open space that will be provided in each phase.
(e) 
The type and location of both active and passive recreation areas that will be provided in each phase.
(5) 
Public Hearings.
(a) 
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this Part 3, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors for the enactment of an amendment to this chapter. The Chairman, or, in his/her absence, the Vice Chairman, of the Board of Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(b) 
Prior to the public hearing by the Board of Supervisors, the Planning Commission shall consider the application without the requirement of public notice and shall make its recommendation to the Board of Supervisors. In the event that the Planning Commission shall not have a complete recommendation prior to the public hearing of the Board of Supervisors referred to herein, the Board of Supervisors may continue the public hearing as provided in this chapter.
(c) 
A verbatim record of the public hearing shall be caused to be made by the Board of Supervisors whenever such a record is requested by any party to the proceedings, but the cost of making and transcribing such a record and the expense of the copies shall be borne by the party requesting it. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for exclusion clearly noted in the record.
(d) 
The Board of Supervisors may continue the hearing from time to time and may refer the matter back to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(e) 
Owners of all adjacent and adjoining properties including any properties on the opposite side of any public right-of-way which is adjacent to the property in question shall individually receive written notice of the public hearing at least two weeks prior to the date of the meeting.
(6) 
Findings of Fact.
(a) 
The Board of Supervisors, within 60 days following the conclusion of the public hearing(s) provided for in this section, shall by official written communication to the landowner either:
1) 
Grant tentative approval of the development plan as submitted.
2) 
Grant tentative approval subject to specified conditions not included in the development plan as submitted.
3) 
Deny tentative approval of the development plan. Failure to do so within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner shall, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify the Board of Supervisors of his/her intent to accept or reject all said conditions. In the event the landowner refuses to accept the conditions, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan.
(b) 
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial and said communication shall set forth with particular emphasis in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
1) 
In those respects in which the development plan is or is not consistent with the Centre Region Comprehensive Plan for the development of the Township and the Township's Park, Recreation and Open Space Plan, when adopted.
2) 
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
3) 
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
4) 
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, vehicular traffic control, and for amenities including light and air, recreation and visual enjoyment.
5) 
The relationship, beneficial or adverse, of the proposed planned residential development to the larger neighborhood in which it is proposed to be established.
6) 
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
7) 
Whether the PRD removes from the former zoning district an amount of area that would result in the reduction in inventory of that district, thereby decreasing the Township's ability to provide its fair share in relation to the Zoning Map.
(c) 
In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed, or, in case a development plan provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.
(7) 
Status of Plan After Tentative Approval.
(a) 
The official written communication provided for in this section shall be certified by the Township Secretary and shall be filed in his/her office and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(b) 
Tentative approval of a development plan shall not qualify the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval with conditions of the tentative approval as submitted or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed, or in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.
(c) 
Revisions to a Development Plan After Tentative Approval. Any changes to the tentatively approved development plan which are proposed prior to the pre-final or final plan submittal shall be submitted to the Board of Supervisors for consideration and determination as to whether or not the changes are substantial enough to require a public hearing prior to approval. If the Board of Supervisors determines a public hearing is not required, the plan may move to the final approval stage. If the Board of Supervisors determines a public hearing is necessary, the process outlined in § 27-302, Subsection 1B(5) and (6) ("Public Hearings" and "Findings of Fact") shall be followed. If a public hearing is required to review the revised plan, the applicant shall be responsible for payment of the fee for the legal advertising notice. Upon tentative approval, the applicant shall provide the Township with three copies of the revised master plan.
(8) 
Pre-Final Design Submission. A development plan which has been given tentative approval shall submit street, sanitary, water and stormwater management site plans for the entire development to be approved by the Township Engineer. The plans shall include information sufficient for review and approval of a pre-final design as required by the Township ordinances for a preliminary subdivision plan. Approval of this submission is required prior to any final plan submissions for separate section(s) or the complete development. Review shall be within 90 days of the submission or resubmission date. Pre-final design submission must be reviewed and approved by the Planner, Zoning Administrator, Fire Chief, water and sewer provider and Township Engineer. The applicant must submit evidence of approval from all other entities to the Township prior to approval of this submission.
(9) 
Application for Final Design Approval.
(a) 
An application for final design approval may be for all of the land included in the development plan or, for a specific phase as set forth in the tentative development plan. Application shall be made to the Board of Supervisors within the time or times specified by the official written communication granting tentative approval but not until after the pre-final design submission has been approved. Application for final design approval shall be accompanied by:
1) 
Ten copies of the final plan, prepared or certified by a registered engineer or surveyor in accordance with Chapter 22, Subdivision and Land Development, and this chapter showing the final location and widths of all streets, the location of all buildings, parking areas, pedestrianways, utilities, utility easements, lot lines, the location and size of all open space not devoted to parking lots, streets or driveways, the proposed use of all lands and buildings and the metes and bounds of all proposed dedicated areas and lots.
2) 
Restrictive covenants executed by all owners of the premises within the section covered by the final plan which, if approved, shall be recorded with the Recorder of Deeds of Centre County. The restrictive covenants shall be effective for a period of at least 35 years, except that covenants relating to stormwater management facilities, parks, recreation and other open space areas shall provide that the same remain as such perpetually.
3) 
Any additional conditions set forth at the time of tentative approval.
(b) 
A public hearing on an application for final approval of the development plan, or part thereof, shall not be required provided that the development, or part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
(c) 
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by this section and the official written communication of tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval. At the time of approval, the Board of Supervisors shall pass a resolution to change the zoning of the final plan portion of the property from its underlying zoning district to planned residential development (PRD).
(d) 
In the event the final development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner, in writing, of said refusal, setting forth in said notice the reasons why one or more said variations are not in the public interest. In the event of such refusal, the landowner may either:
1) 
Refile his/her application for final approval without the variations objected to.
2) 
File a written request with the Board of Supervisors that it hold a public hearing on his/her application for final approval.
(e) 
If the landowner wishes to take either such alternate action he/she may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he/she shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this section for public hearings on applications for tentative approval. The applicant shall be responsible for payment of the fee for placement of the legal notice to advertise the public hearing. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval of the development plan or deny final approval. The granting or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this section.
(f) 
Once all of the final plan approval conditions are met, with the exception of posting financial surety, construction may commence in accordance with Township road standards. However, no lots or parcels may be transferred or sold until financial surety is posted and the plan is recorded.
(g) 
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed on record forthwith in the office of the Recorder of Deeds of Centre County, in accordance with the provisions of Sections 509 and 513(a) of the Pennsylvania Municipalities Planning Code,[1] together with any restrictive covenants and agreements or other provisions which govern the use, maintenance and continued protection of the planned residential development and its common open space. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, Section 508 of the Pennsylvania Municipalities Planning Code[2] and the Township final subdivision regulations shall apply to said planned residential development or that part thereof, as the case may be, that has been finally approved. No modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
[1]
Editor's Note: See 53 P.S. §§ 10509 and 10513(a).
[2]
Editor's Note: See 53 P.S. § 10508.
(h) 
Approval of a final plan may be subject to posting a performance bond covering up to 110% of the cost of developing common open spaces, planting plans, public improvements and other improvements deemed appropriate by the Board of Supervisors.
2. 
Use Regulations.
A. 
The following residential uses may be permitted in a planned residential development: single-family, two-family, multifamily detached, semidetached and attached dwellings, nursing homes, personal care boarding homes, assisted living facilities, retirement communities, other convalescent homes, community gardens, as well as mixed-use buildings as defined herein. The appropriate integration of these uses throughout the PRD will be considered in determining the acceptable type and amount of units as well as the maximum square footage of units and/or development with a health care element. Mixed-use structures are subject to the square footage restrictions as provided below for all nonresidential uses. They may include employment opportunities such as professional office(s) or those related to the service industry as well as civic uses in addition to a residential component.
B. 
The additional uses set forth in the following subsections may be permitted where the Board of Supervisors deems that one or more of them is appropriate to the neighborhood in which the planned residential development is located. The definition of neighborhood shall be agreed upon by the applicant and the Board of Supervisors prior to the Board of Supervisors' action and shall be voted upon considering planning principles based upon, but not limited to, the following: 1) the proposed PRD area, 2) any adjacent, existing, proposed, potential or tentatively approved PRD area(s), 3) utilities, 4) building complexes, 5) topographic and natural features, 6) population projections, 7) infrastructure capacity and planned improvements, and 8) existing and proposed elements of connectivity.
(1) 
Building gross floor areas (square feet) for nonresidential uses shall not exceed 2% of the total acreage of the PRD. This includes the total gross floor area of a neighborhood shopping center and the gross floor area for the other nonresidential uses within the proposed PRD combined. The nonresidential square footage of a mixed-use building shall be calculated by using the ground floor footprint only. Residential uses in such structures shall not count toward the permitted density of the PRD.
(2) 
Neighborhood Shopping Center.
(a) 
A neighborhood shopping center shall not exceed the total gross floor area for the market area population of the neighborhood as defined above. The market area population is determined to be the daytime employment and residential population of the neighborhood as defined above. The neighborhood shopping center shall be planned and operated as a single unit, in the context of the PRD.
(b) 
For every 500 square feet of nonresidential floor area proposed, 20 square feet of public space (not including standard sidewalk dimensions) shall be provided. This public space shall serve as a focal point and shall be comprised of areas such as plazas, courtyards, walkways, market squares, civic spaces and other such gathering spaces. Although expected to be landscaped, these areas may contain a substantial hardscape design element.
(c) 
Ground floor commercial uses shall provide the opportunity for upper-story housing or office space over a minimum of 30% of the square footage. Mixed-use buildings shall not exceed three stories except through conditional use approval which would permit up to five stories in appropriate locations.
(d) 
The following uses are permitted within the aforementioned neighborhood shopping center: greenways; trails; arts and artisan studios; music, dance, martial arts, or exercise studios; health clubs; fire/police/emergency services facilities; transit facilities; eating and licensed drinking establishments; bakery; butcher shop; cafe; catering; coffee shop; delicatessen; neighborhood grocer; neighborhood convenience store; ice cream and confections; eating and drinking establishment (not including drive-through service); diner; neighborhood market/farm market; sale, service or rental of a limited range of goods such as bookstore; florist; antique or gift shop; apothecary/pharmacy (not including drive-through service); jewelry; hardware; dry goods; clothing, toy, or home accessories store; lighting; music store including instruments and recordings; bikes; skateboards; skis; exercise equipment; personal service shops; business and professional offices such as barber; beautician; day care; hair/nails salon or spa; home occupations and no-impact home-based business; dry cleaning services; administrative or financial offices (not including drive-through service); medical/dental offices; frame shop; laundromat; shoe repair; tailor; phone store; accountant; architect; attorney; or place of assembly.
(e) 
None of these uses shall, by reason of their location, construction, manner or timing of operation, signs, lighting, parking arrangements or other characteristics, be permitted to have adverse effects on residential uses within or adjoining the district or create traffic congestion or hazards to vehicular or pedestrian traffic. Mixed-use buildings, which contain any combination of the above permitted uses, shall also be permitted within a neighborhood shopping center. However, mixing of uses is desired between and among individual lots within the PRD as well as within structures. Mixed-use buildings that are located in a predominantly residential context may be setback in a manner that maintains general alignment with the facades of other structures in the block.
(f) 
The sale of aircraft, boats, cars, heavy equipment, lumber yard, maintenance equipment, and vehicles, together with the servicing of vehicles is prohibited. Retail operations that rely on a market area exceeding the larger neighborhood of which the PRD is a part are prohibited as is any form of drive-through service.
(g) 
Buildings which are designed for nonresidential or mixed-use purposes shall have a minimum front setback of zero feet and a maximum front setback of 20 feet. However, such structures shall maintain a minimum of 65% of their frontage along the sidewalk's edge (zero setback) and the main pedestrian entrance shall be from this facade.
(h) 
The setback of these structures may be increased where plazas, courts, or outdoor seating areas are proposed, as long as sufficient pedestrian walkway width is retained. Setbacks which provide for public space shall be usable and shall include special amenities such as benches, fountains, or sitting areas. Fabric awnings on commercial or mixed use structures may encroach within the setback or into the pedestrianway in instances where such feature enhances the human scale of the pedestrian environment or public space. All such extensions shall, however, be set back a minimum of two feet from the face of curb. In no instance shall the setback be extended to accommodate parking.
(i) 
For all nonresidential structures, a minimum of 50% of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior. Blank walls along pedestrian routes are discouraged. Where blank walls are established, a landscaped border shall be provided between the wall and the walkway. This border shall be between six feet and eight feet in width and shall be designed to provide visual interest and to screen the blank wall.
(j) 
In nonresidential, mixed-use, or multifamily areas, well-lit walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Walkways shall be a minimum of five feet in width. Lighting shall be pedestrian-oriented and provided at a level between 0.5 and 2.0 footcandles, dependent on the volume of both pedestrian and vehicular traffic and the location of the walkway in relation to intersections.
(k) 
Year-round screening of any utility apparatus appearing above the surface of the ground shall be required unless such apparatus is placed in a lane or alley. As a result, the placement of aboveground utility structures should be coordinated with the proposed landscape plans to ensure that they are positioned away from key focal areas. The visual impact of all rooftop mechanical equipment such as vents, exhaust hoods, and antennas (including satellite dishes and telecommunication facilities) shall be minimized by integrating or screening such appurtenances with the building design.
(l) 
Multiple nonresidential structures may be provided on a single parcel, provided that each structure is separated by a minimum of 20 feet and site amenities such as plazas, courtyards, park space, greens, or other such facility are incorporated to break up the massing of the structures. Such amenities shall also feature benches, plantings, fountains, or other element(s) that typically define a public space.
(m) 
All dwelling units located within mixed-use buildings shall be situated within 1,000 feet of a commons, square, greenway, park or playground.
(n) 
All neighborhood shopping centers shall accommodate transit service through provision of a stop or pull-off area convenient to the pedestrian access for the stores or offices or a universally accessible route to transit service if located adjacent to the neighborhood shopping center. If said service facility is on the lot, a shelter and seating with lighting shall be provided.
(o) 
Bicycle parking is required to be provided for all nonresidential, mixed-use, or multifamily land uses. Bicycle parking spaces are to be located so as to be convenient to the structure or use for which they are provided and to be visible from at least one entrance. Lighting shall be provided for all such bicycle parking areas.
(3) 
Any area devoted to an industrial use shall not exceed 1% of the total land area within the proposed PRD. Only the following uses in this industrial context shall be permitted: research and development, bakery, assembly of electrical appliances, scientific and technical equipment, office buildings, limited warehousing and storage. All storage of parts, equipment, etc., shall be located entirely within the main or accessory structures. Industrial uses in a PRD shall be located adjacent to an arterial or collector street. The range of uses listed above are permitted only when:
(a) 
The underlying zone was nonresidential (C, I, IRD).
(b) 
The PRD is adjacent to a commercial, industrial or similar nonresidential use that relates to the adjacent area. Where applicable, the proposed location of the nonresidential use shall be adjacent to neighboring nonresidential uses.
(4) 
The Board of Supervisors may also permit community civic- and faith-based or community-business-based places of assembly to be developed within the PRD but outside of a neighborhood shopping center, provided they are designed to serve primarily the residents of the PRD and the larger neighborhood and are compatibly and harmoniously incorporated into the design of the planned residential development. Such additional nonresidential uses shall not, by reason of their location, construction, manner or timing of operation, signs, lighting, parking arrangements or other characteristics, have adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards to vehicular or pedestrian traffic.
3. 
Area and Bulk Regulations.
A. 
In this Part 3, where the word "former" is used, said word shall refer to the zoning classification of a parcel of land prior to its having been zoned PRD (planned residential development) under the provisions of this section.
B. 
The Board of Supervisors may permit reductions in the setback requirements if it finds that, through the use of topography, siting on the lot, or design, such building or buildings do not infringe upon the privacy of adjacent, existing or potential structures, provided that:
(1) 
Spacing shall be provided between buildings to ensure privacy and sufficient light and air. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers and landscaping shall be used as appropriate, for protection and aesthetic enhancement of property, the privacy of its occupants, the screening of objectionable views or uses and the reduction of noise within the PRD tract, PRD sections and off site.
C. 
The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
D. 
Utilities.
(1) 
Sanitary Sewage Disposal. PRDs. shall only be permitted in areas designated for sewer service as identified in the Centre Region Act 537 Plan, as amended. All requirements of the Pennsylvania Department of Environmental Protection (PA DEP) shall be complied with.
(2) 
Water Supply. All PRDs shall connect to public water authority/company mains. All water mains and laterals shall meet the design and installation specifications of said water authority/company.
E. 
Impervious surface information shall be provided per section/phase such that the total ground floor area of all buildings and structures shall not exceed 30% of the total area of the PRD. Maximum impervious surfaces shall not exceed 50% of the total area of the PRD.
4. 
Residential Density.
A. 
In this section, where the word "former" is used, said word shall refer to the zoning classification of a parcel of land prior to its having been rezoned PRD (planned residential development) under the provisions of this Part 3.
B. 
The Board of Supervisors may permit up to and including the densities listed below, provided that the development exhibits continuity of land use and transportation connectivity in overall site design, provides maximum open space and encourages safe and connected pedestrian movement throughout. Each PRD shall consist of an appropriate mix of dwelling types.
District
PRD Density
(units per acre)
R-1B
5
R-1
5
R-2
10
R-3
15
R-4
20
Commercial Districts
20
Light Industrial
20
Research and Development
20
C. 
The minimum common open space to be provided within the PRD shall be in accordance with the following chart. Common open space (COS) is the portion of the gross tract area of the PRD which is specifically dedicated to passive and/or active recreational activities and is freely accessible to residents, property owners and tenants of the PRD. Up to 75% of the on-site stormwater management facilities may be included in the common open space calculation.
Residential Dwelling Units Per Acre
Required Common Open Space Percentage
1 to 4.9
10%
5 to 9.9
12%
10 to 14.9
15%
15 to 19.9
20%
>20
20%
D. 
The computation of overall residential dwelling units per acre of land of a planned residential development shall be rounded to the nearest 0.1 and shall not include the area of lands intended for commercial or industrial purposes, churches or other public or nonresidential uses within the planned residential district. Common open space shall be included in the computation.
E. 
The total acreage and percentage of acreage to remain as common open space throughout the entire development and in each phase shall be provided on the plan.
5. 
Common Open Space.
A. 
The Board of Supervisors may not approve a planned residential development unless the common open space meets the following standards:
(1) 
The location, size, shape and character of the common open space shall be provided in a manner to meet the needs of the planned residential development and the criteria of Chapter 22, Subdivision and Land Development.
(2) 
Common open space shall be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned residential development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.
(3) 
Adequate access shall be provided to the open space from all dwelling units in the PRD. This includes providing connections to existing and proposed sidewalks and bikeway systems as well as greenways, trails or other pedestrian access facilities.
(4) 
A minimum of 50% of the required open space shall be contiguous land.
(5) 
A minimum of 50% of the required open space shall be suitable for recreation purposes (i.e., no floodplain, wetlands, steep slopes, sinkholes).
(6) 
Common open space must be suitably improved for its intended use, but common open space containing natural features, existing trees and ground cover worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space having regard to its topography and unimproved condition.
(7) 
The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures and improvements in the common open space, and the construction of residential dwellings in the planned residential development.
(8) 
The use and improvement of the common open space shall be planned in relation to any existing or proposed public or semipublic open space which adjoins or which is within 1,500 feet of the perimeter of the planned residential development.
B. 
All land shown on the final development plan as common open space shall be conveyed in either of the following ways, at the discretion of the Board of Supervisors:
(1) 
To the Township of Ferguson. The Township may accept or reject all or part of the common open space in dedication.
(2) 
To an organization for the ownership and maintenance of the common open space, which organization shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise, without first offering to dedicate same to the Township of Ferguson.
(3) 
In any event, the common open space, after being approved on the final land development plan, shall be used thereafter for no other purpose than as specified on the final development plan.
6. 
Perimeter Requirements.
A. 
If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the planned residential development, the Board of Supervisors may impose the following requirements:
(1) 
Structures located within 20 feet of the perimeter of a planned residential development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses.
(a) 
Where tracts of land adjoin land in the Rural Agricultural (RA) Zoning District, then a buffer yard of not less than 50 feet in width shall be provided.
[Added by Ord. No. 1076, 3/15/2022]
(2) 
Structures located on the perimeter of the planned residential development must be permanently screened if required by the Board of Supervisors.
B. 
The above subsections are intended to provide adequate privacy to the proposed structures and uses of the PRD from adjacent incompatible structures or uses.
7. 
Post Final.
A. 
In the event that a development plan, or a section thereof, is given final approval and the landowner abandons such plan or the section thereof that has been finally approved, and so notifies the Board of Supervisors, in writing, or, in the event the landowner shall fail to commence and carry out the planned residential development within such five years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10601 et seq.
B. 
No changes may be made in the approved final development plan during the construction of the planned residential development plan except upon application to the appropriate agency under the procedure provided below.
[Amended by Ord. No. 1076, 3/15/2022]
(1) 
Changes in the landscaping, rearrangement of common open space that does not result in total amount of open space being increased or decreased, signage, relocating of lighting and rearrangement of bicycle parking may be approved by the Township after authorization by the Planning Commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved.
(2) 
All other changes in use, any rearrangement of lots, blocks, building tracts, locating, siting and height of buildings, structures and rearrangement of lots to not exceed a 10% reduction of overall dwelling units of the approved final development plan and all other changes must be made by the Board of Supervisors, under the procedures authorized for final plan approval. No amendments may be made to the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved or by changes in the development policy of the Township.
8. 
Additional Applicable Ordinances and Laws.
A. 
The plans required under this section shall be submitted in a form which will satisfy the requirements of Chapter 22, Subdivision and Land Development, for the preliminary and final plans required under those regulations and land development plans under this chapter.
B. 
The plans required under this section shall be submitted in compliance with Chapter 26, Stormwater Management.
C. 
This Part 3 is enacted pursuant to Article VII of the Pennsylvania Municipalities Planning Code,[4] which provisions shall apply whether or not specifically set forth herein.
[4]
Editor's Note: See 53 P.S. § 10701 et seq.
D. 
Any other ordinance of the Township governing construction of buildings.
9. 
Appeals Procedure. Any decision of the Board of Supervisors granting or denying tentative or final approval of a development plan shall be subject to appeal to court in the same manner and within the same time limitations as provided for appeals under this chapter.
[Ord. No. 1049, 11/18/2019; Ord. No. 1076, 3/15/2022; Ord. No. 1087, 2/21/2023]
1. 
Overall Intent.
A. 
The intent of the adoption of these development regulations is to sanction, promote, and facilitate the development of fully integrated, mixed use, pedestrian-oriented neighborhoods in areas of the Township that are most appropriate for this type or style of development. The basis for such design influence is the desire to minimize traffic congestion, suburban sprawl, and environmental degradation. These regulations, administered jointly with the associated design manual found in Chapter 22, Subdivision and Land Development, are designed to diversify and integrate land uses within close proximity to each other and to provide for the daily recreational and shopping needs of residents and those who work within the Township. The combined application of these standards is anticipated to produce sustainable, long-term development which enhances the quality of life, and to ensure the highest possible economic and social benefits for all residents.
B. 
Further, it is the intent of these standards, in conjunction with the design manual (see Chapter 22, Subdivision and Land Development), to encourage innovation and promote flexibility, economy, and ingenuity in development and to be consistent with the goals and objectives enumerated by the provisions of Article VII-A of the Municipalities Planning Code (MPC).[1] All such development within the Township is intended to be designed as an outgrowth or extension of existing development or urban infill. As a result, the establishment of the TTD Zoning District is consistent with the provisions of Section 702-A(1)(ii) of the MPC.[2] The application of flexible design standards and increases in the permissible density of development which are specified below, are dependent on the extent to which each proposal identifies the ability to successfully achieve the goals enumerated herein.
[1]
Editor's Note: See 53 P.S. § 10701-A et seq.
[2]
Editor's Note: See 53 P.S. § 10702-A(1)(ii)
C. 
An applicant wishing to receive approval of a traditional town development within the Township shall submit plans in accordance with procedures provided under § 27-904.
2. 
Relationship to Other Township Requirements. The following criteria of the Township Code, as amended, remain applicable to development within the TTD District, whether the design is for a traditional town development:
A. 
Chapter 19, Signs and Billboards.
Section No.
Section Title
§ 19-105
Construction Specifications
§ 19-106
Prohibited Signs
§ 19-107
Exempt Signs
§ 19-108
Temporary Signs
§ 19-110
Residential Use
§ 19-113
Permits
§ 19-114
Review of Existing Permanent Signs
§ 19-117
Administration and Enforcement
§ 19-118
Violations and Penalties
B. 
Chapter 21, Streets and Sidewalks, in its entirety.
C. 
Chapter 22, Subdivision and Land Development, in its entirety, except § 22-503, Blocks.
D. 
Chapter 25, Trees.
E. 
Chapter 26, Stormwater Management, in its entirety.
F. 
Chapter 27, Zoning.
Section No.
Section Title
§ 27-101
Short Title
§ 27-102
Authority
§ 27-103
Purpose
§ 27-104
Community Development Objectives
§ 27-105
Establishment of Controls
§ 27-201
Establishment and Purposes of Zoning Districts
§ 27-401
Corridor Overlay District Requirements
§ 27-701
Floodplain Conservation
§ 27-702
Slope Controls
§ 27-703
Nuisance Standards
§ 27-704
Outdoor Storage
§ 27-705
Sewage Disposal
§ 27-707
Landscaping
§ 27-905
Occupancy Permits
§ 27-906
Violations and Penalties
§ 27-907
Appeals
§ 27-908
Amendments
§ 27-1101
Language Interpretations
§ 27-1102
Definitions
(1) 
Where specific reference is made to one or more provisions of other chapters of the Code of Ordinances, only those regulations so referenced will be applicable where they are not in conflict with standards found herein. Further, where requirements of the ordinance reference standards for off-street parking, only 60% of such spaces may be accommodated off-street in the TTD. The remainder of the required parking will be provided with on-street spaces, or nearby shared parking facilities. No spill-over parking is required.
(2) 
With regard to landscaping, the applicable provisions of Part 7 shall include only § 27-707, Subsections 1 through 13 and Subsection 15A through C. However, the Township's official plant list shall be applicable in all instances.
(3) 
All portions of Part 10, Zoning Hearing Board, Part 11, Definitions, and § 27-101 to (but not including) § 27-205 are also applicable to development under the provisions herein.
(4) 
The Board of Supervisors may allow for modification of the design standards applicable to a traditional town development provided for in this section, including but not limited to compactness, pedestrian orientation, street geometry or other related design features, in accordance with the standards applicable to the grant of modifications under Chapter 22, Subdivision and Land Development, § 22-105.
3. 
Site Plans.
A. 
Land Use Standards.
(1) 
Composition of Uses. A variety of uses are required to be provided within a traditional town development. This variety shall be comprised of a combination of the permitted uses as listed below in the percentages required by the diversity provisions of § 27-303, Subsection 3B:
(a) 
Residential.
1) 
Single-family attached, detached and semidetached units. [NOTE: When 100 or more dwelling units in a traditional town development are under common management, each such dwelling unit under such common management may be used by one family or up to five unrelated persons, subject to the permitted occupancy of the dwelling as determined by the Centre Region Code Office in accordance with the provisions of the Ferguson Township Housing Code.]
2) 
Accessory residential units.
3) 
Zero lot line units.
4) 
Two-family dwellings.
5) 
Multifamily dwelling units.
6) 
Mixed-use buildings.
(b) 
Recreational, Cultural, and Civic or Community Facilities. Parks, playgrounds, greenways, trails, squares, commons, plazas, courtyards and public areas, shared use paths, arts and artisan studios, museums, community theaters, libraries, music, dance, martial arts, or exercise studios, health clubs, lodges, fraternal organizations, amphitheaters, community gardens, civic service clubs, private or charter schools, community centers, government buildings such as municipal offices, fire/police/emergency services facilities, community meeting facilities, post offices, places of worship, educational facilities, transit facilities.
(c) 
Commercial.
1) 
Food services. Eating and licensed drinking establishments such as bakery, butcher shop, cafe (including outdoor spaces), catering, coffee shop, delicatessen, neighborhood grocer, ice cream and confections, restaurant (not including drive-through service), diner, neighborhood market/farm market.
2) 
Entertainment. Studios, galleries, and performance arenas such as community theater, playhouse, comedy club, art gallery, cinema, photography and handicraft studios and associated sales.
3) 
Retail. Sale, service, and rental of a limited range of goods such as bookstore, florist, antique or gift shop, apothecary/pharmacy (not including drive-through service), jewelry, hardware, dry goods, clothing, toy, or home accessories store, lighting, music store including instruments and recordings, bikes, skateboards, skis, and exercise equipment, mixed-use buildings.
4) 
Services. Personal service shops, businesses and professional offices such as barber, beautician, day care, hair/nail salon or spa, home occupations and no-impact home-based businesses, administrative, or financial offices (not including drive-through service), medical/dental offices, frame shop, laundromat, shoe repair, tailor, phone store, accountant, architect, day-care center, health club, community center, government buildings, law offices.
5) 
Accommodations. Overnight lodging places such as bed-and-breakfast, hotel, inn.
(d) 
Prohibited Uses. Uses which are expressly prohibited in a traditional town development or associated mixed residential area shall include heavy or light manufacturing; storage or distribution as a principal use; outdoor advertising or billboards; prisons; detention centers; scrap yards; kennels; sand, gravel, or other mineral extraction; cemetery or crematorium; mobile home park; automobile sales, service or repair; car wash; hospital(s); personal care homes; bulk fuel storage; heavy equipment storage, sales, or rental; warehouse; drive-through or drive-in establishments; food processing and/or packing; fuel generation; landfill; campgrounds; manufactured home sales or storage; automobile storage facilities; shopping centers; truck terminals; waste transfer facilities; adult business uses; convenience food stores that include gas sales; race track, riding stable, self-service storage facilities; dormitory; surface mining operations; motels; and nonmunicipally owned surface parking lots that constitute the principal use of a property.
(2) 
Height. Thirty-five percent of the all commercial structures shall have two or more stories, with upper stories occupied by residential or office uses above first floor permitted nonresidential uses.
(3) 
New residential structures within a TTD shall be no more than three stories. Multifamily, commercial, or mixed-use structures shall not exceed eight stories.
(4) 
Accessory Uses. Garage apartments, elder cottages, or in-law quarters may be made available as accessory uses to single-family dwellings in accordance with the criteria below, when the single-family dwelling is the principal use of the lot.
(a) 
Accessory Unit Criteria.
1) 
Accessory dwellings may be attached or separate from the principal dwelling.
2) 
No more than one accessory dwelling shall be permitted on a single deeded lot in conjunction with the principal dwelling unit.
3) 
The accessory dwelling shall be owned by the same person as the principal dwelling.
4) 
The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed from the street in conformance with Township standards.
5) 
The maximum first floor area/footprint of a detached accessory dwelling shall not exceed 600 square feet. Space within this structure may combine living quarters with workshop, studio, or other similar use up to a maximum of 800 square feet.
(5) 
Workforce Housing. Workforce housing shall comprise an element of each development and will be incorporated at a minimum rate of 1:10 residential units.
(a) 
This housing shall not be segregated or clustered within a neighborhood and, from the exterior, will provide no evidence that distinguishes it from market-rate units.
(b) 
No more than two adjacent lots may contain such units.
(c) 
No more than four lots along any one block width or block length may contain such units.
(6) 
Frontage. All buildings shall front on a street or public space and the main pedestrian entrance shall be from this front facade.
B. 
Diversity.
(1) 
TTD Standards.
Permitted Percentages
Minimum %
Maximum %
Residential* (of total acreage)
35%
70%
Single-family detached
5%
45%
Single-family semidetached
10%
40%
Single-family attached
15%
35%
Residential*
Multifamily
5%
50%
Live/work units (of total units)
—
5%
*A minimum of 80% of all residential units must be designed to permit fee simple conveyance
Commercial (of total acreage)
15%
40%
Vertical mixed use: including any combination of commercial, office and residential uses (of total square footage)
15%
—
Recreational, cultural, and community facilities (of total acreage)
50%
—
(2) 
Mixed Residential Area Standards.
(a) 
These areas, associated with an existing or proposed TTD, shall follow the above requirements with the exception of the minimum percentage applied to commercial land uses. Commercial uses shall be permitted at appropriate intensities, but not required for such areas.
(b) 
Where no commercial development is proposed in a mixed residential area, the 20% land area required to be dedicated for such uses in a TTD shall, instead, be dedicated to some combination of the following: live/work; recreational, cultural, and community facilities; or small lot (4,000 square feet to 8,000 square feet) single-family residential uses. This 20% shall not be consumed by any single one of these alternative uses. In order to qualify for development as a mixed residential area, the availability of a variety of retail, office, and/or business opportunities must be existing or proposed within walking distance (1/4 mile) of 90% of any proposed dwelling units. This area must be accessible by a variety of transportation modes and provide safe pedestrian access. Additionally, the acreage of such nonresidential area shall constitute a minimum of 20% of the acreage intended to be developed as a mixed residential area, and the composition of the existing nonresidential area must contain a mixture of retail, entertainment, service, and business/professional offices.
C. 
Blocks.
(1) 
Standards.
(a) 
Lot Sizes. Lot sizes within the block shall vary to assure housing diversity and to meet the projected housing needs of the community. Additionally, all lots shall conform to the provisions of the Subdivision and Land Development Ordinance, § 22-504, Subsection 2A(1), (2), and (4).
(b) 
Required Mixture. A mix of housing types shall be provided within blocks.
1) 
Townhouse units must be dispersed among a variety of other residential and/or nonresidential uses and may also be segregated in clusters of single residential-type buildings.
a) 
The maximum number of townhouse structures that may be located adjacent to each other when the townhouse dwellings are established on individual lots is six.
2) 
A maximum of 10% of the single-family detached units provided shall be designed to include an accessory dwelling unit. These accessory units may be located within the principal building or an accessory building but shall not exceed 800 total square feet. All properties designed to accommodate such units shall be designated at the time of plan submission.
3) 
A maximum of 5% of the single-family detached units may be designed as cottages, patio homes, or other one-story dwellings. The maximum footprint of such units shall be 1,500 square feet each. Such units shall not be located on or adjacent to the main public square or green (minimum size 20,000 square feet).
4) 
Mixing of uses is desired within structures as well as between and among individual lots.
a) 
Nonresidential mixed-use structures are subject to the square footage restrictions as provided below for commercial/retail uses. They may, however, include other employment opportunities such as professional office(s) or those related to the service industry as well as civic uses.
b) 
In order to count toward the required percentage of commercial development, a mixed-use structure must have the entire ground floor dedicated to commercial development. Likewise, to be credited to the required civic element, the entire ground floor must be dedicated to a qualifying civic use. However, in some instances, an auxiliary use that supports and is complementary to the approved civic use may be incorporated. Additionally, in a commercial or civic core proposed as an element of the TTD, structures with multiple dwelling units and no nonresidential uses are permitted as long as they do not comprise more than 10% of the total square footage of all nonresidential uses in such core area.
c) 
Mixed-use structures which are primarily residential may include up to 66% of their floor area in neighborhood commercial uses as long as the available access and parking are shown to be adequate to accommodate the anticipated patrons.
5) 
Lot sizes shall be consistent with the following dimensions:
Type
Lot Size
Width
(feet)
Depth
(feet)
Single-family detached
Max: 12,000 square feet
Min: 1,700 square feet/unit
Max: 75
Min: 60
Single-family semidetached
Max: 10,000 square feet/unit
Min: 3,000 square feet/unit
Max: 60/unit
Min: 60
Single-family attached
Max: 6,000 square feet/unit
Min: 1,100 square feet/unit
Min: 20/unit
Min: 50
Multifamily
Max: 65,000
Min: 35,000
Min: 36
Max: 144
—
Live/work units and other mixed use structures outside of any retail core
Max: 15,000
Min: 36
Max: 108
—
Mixed use in a substantially commercial area
Max: 25,000
Min: 45
Max: 135
—
Civic, cultural, and community facilities
—
—
—
Commercial
Max: 200,000 square feet
Min:36
Max: 250
—
6) 
Residential and nonresidential unit sizes shall be consistent with the following:
Type
Size
Retail
Maximum nonresidential building footprint: 60,000 square feet, maximum 15,000 square feet/unit or leasehold except grocery stores which may consume the entire permitted footprint of 60,000 square feet
Anchor retail
Located at prominent intersections or focal points of the civic/commercial core, maximum 60,000 square feet. No more than one such unit for every 50,000 square feet of nonresidential development.
Apartment/condo
Min: 600 square feet
7) 
Multiple nonresidential structures may be provided on a single parcel, provided that each structure is separated by a minimum of 20 feet and site amenities such as plazas, courtyards, park space, greens, or other such facility is incorporated to break up the massing of the structures. Such amenities shall also feature benches, plantings, fountains, or other element(s) that typically define a public space.
8) 
The maximum impervious coverage for the overall traditional town development is 85%.
9) 
The maximum building footprint permitted on each lot, regardless of use, is 85%.
D. 
Density and Setbacks.
(1) 
Standards.
(a) 
Permitted Density. The density permitted within the traditional town development shall be up to 20 residential units per acre, provided that the development exhibits good project design, provides maximum open space, and encourages pedestrian orientation and movement throughout. In areas which are designed for community, mixed-use, or commercial development, no density limit will be applied. However, this acreage must be subtracted from the overall acreage of the site when calculating the permitted density.
(b) 
Required Density. While some phases of the development may be less intensely developed than others, an average minimum density of seven residential units per acre must be maintained for development of the entire TTD or associated mixed residential area. This calculation must exclude any acreage which accommodates civic, mixed-use, or commercial development, as well as any accessory dwelling units associated with such areas.
(c) 
Distance from Open Space. All dwelling units shall be situated within 1,000 feet of a commons, square, greenway, park or playground.
(d) 
Maximum Setback. The maximum 20 feet setback for residential structures may be increased by up to 10 feet for dwelling units fronting on a collector street.
(e) 
Fence Heights. Fence heights at the front of residential units and along the side to the front facade of the structure shall not exceed 3.5 feet and, for the balance of the lot, shall not exceed six feet. Piers, fence posts and gateways in the front yard may have a maximum height of five feet, and trellises and similar features may have a maximum height of nine feet. Fence height restrictions on corner lots shall be subject to the preservation of adequate clear sight per § 22-502 Subsection G.
(f) 
Prohibited Fence Types. Chain-link, concrete block, unfaced concrete, plastic, fiberglass, plywood, slatted snow fences and mesh construction fences are prohibited.
(g) 
Faux wood-type fencing, manufactured from plastic or fiberglass, may be approved.
(h) 
Garage Setback.
1) 
Front entry garages shall maintain a front yard setback of a minimum of 10 feet.
2) 
Garages, whether attached or detached, shall be subordinate to the primary structure on the site. Detached garages shall be located to the side or rear of the principal structure and, where possible, accessed from the side or rear. Residential units which front on mixed-use collector or mixed-use subcollector streets are required to utilize rear access (e.g., from a lane or alley).
3) 
Width. When a garage must be attached, those which have access from the front shall not consume more than 40% of the width of the lot.
4) 
Access. Garages associated with townhouse or live/work units shall either be integral to the structure or oriented to the rear and accessed by a lane or alley.
(i) 
Privacy. Spacing between structures shall be provided to ensure privacy and sufficient light and air. Although no minimum side yard setbacks are mandated for residential uses, each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used as appropriate, for the protection and aesthetic enhancement of property, the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.
(j) 
Side Yard Setback. A minimum side yard setback of six feet is suggested for all detached residential buildings, and the end units of residential structures containing multiple units of occupancy.
(k) 
Rear Yard Setback. A minimum rear yard setback of 25 feet is applicable to all primary dwelling units. However, accessory structures and detached garages shown on the approved plan may be set back only five feet from the rear lot line. The rear yard setback for primary dwelling units, accessory structures and detached garages from an alley may be reduced to zero feet.
(l) 
Front Setback. Structures which are designed for commercial, light industrial, or mixed-use purposes, shall have a minimum front setback of zero feet and a maximum front setback of 25 feet. However, such structures shall maintain a minimum of 65% of their frontage along the sidewalk's edge (zero setback).
1) 
For all nonresidential structures, a minimum of 50% of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.
2) 
Mixed-use structures that are located in a predominantly residential context may be set back in a manner that maintains general alignment with the facades of other structures within the block.
E. 
Landscaping.
(1) 
Standards.
(a) 
Street Trees. Street trees shall be provided. At a minimum, they shall be located along each side of all existing or proposed streets as well as within the median of any proposed parkway or boulevard. Medians may also contain shrubs and plant ground cover. Street trees shall be in accordance with Chapter 25, Trees.
(b) 
Landscape Plan. A landscape plan, as required by § 27-904, Subsection 6D(1), shall be prepared by a registered landscape architect and shall illustrate the project's conformance with the above requirements.
F. 
Streetscape Elements.
(1) 
Amount. For every 1,000 square feet of nonresidential floor area proposed to be developed, 20 square feet of public space (not including standard sidewalk dimensions) shall be provided. As noted previously, public space may comprise up to 10% of the required open space.
(2) 
Public space may also be provided to enhance the exterior of multifamily residential structures as noted in the TTD design manual.
G. 
Signage/Lighting.
(1) 
Standards.
(a) 
Type. Signage designed to serve pedestrians within the community may include directional and informational signage regarding destinations such as parks, museums, shopping districts, transit stops, parking, bikeways, or entertainment locations. Information for pedestrians may also be displayed on kiosks or in other designated areas. A coordinated signage plan should be established in order to provide the appropriate amount of signage with a consistent appearance. A common style, established by size, shape, material, and/or lettering is expected.
(b) 
Appearance. Signs must have a consistent vocabulary of heights, sizes, shapes, materials, colors, and lettering. Signs should not be identical in all respects, just similar in a few.
(c) 
Street/Traffic Signs. All street and/or traffic signage located within the public right-of-way shall comply with the Township standards for such infrastructure.
(d) 
Applicability of Chapter 19. All signs shall be subject to the provisions of Chapter 19, § 19-105, Construction Specifications, § 19-106, Prohibited Signs, § 19-107, Exempt Signs, § 19-108, Temporary Signs, § 19-110, Residential Use, § 19-113, Permits, § 19-114, Review, § 19-117, Administration and Enforcement, and § 19-118, Penalties.
(e) 
Square Footage. Each nonresidential establishment shall be permitted a total of 35 square feet of signage which may be applied among the following four sign types:
1) 
Projecting Wall Sign. A projecting wall sign may be permitted provided that the lower edge of the sign is a minimum of 10 feet above grade, but does not extend more than six feet from the wall of the structure and not higher than the first floor or 15 feet, whichever is less. A projecting wall sign shall not exceed 10 square feet in area.
2) 
Flat Wall Sign. A flat wall sign that does not exceed 15 square feet in area and that is mounted on either side of a doorway or between the first and second floors of a multistory structure may be permitted.
3) 
Awning Sign.
a) 
An awning sign may be used in lieu of or in combination with a flat wall sign, provided that the following standards are met:
b) 
Awning signs shall maintain a clear height of at least 10 feet and maximum projection of six feet from the face of the structure. Material shall be canvas cloth or an equivalent material, but in no case shall shiny or reflective material, metal, plastic, or fiberglass be permitted. Lettering shall be limited to 12 inches vertically.
4) 
Freestanding Sign. A freestanding sign may be permitted, provided it does not exceed 10 square feet in area and nine feet in height. Freestanding signs must be located within 12 feet of the structure.
(f) 
Sandwich Board Sign. One sandwich board-type portable sign may be permitted in addition to the above total of 35 square feet of signage permitted per establishment, provided it is no more than six square feet per side and is displayed only during normal business hours.
1) 
Placement. The portable signage may be placed on the sidewalk immediately in front of the establishment, provided that a five-foot clear pedestrian passage is maintained.
(g) 
Illumination. Backlit and internally illuminated signs are not permitted in the TTD or associated mixed residential area. Illumination shall be from a concealed, indirect source only. If a sign is located on an exterior wall, awning, canopy or marquee, only the section which contains and is defined as the sign may be illuminated to the maximum permitted size of the sign.
(h) 
Glare. All signs shall be so designed, located, shielded and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated roadways and surrounding property.
(i) 
Lighting Plan. A comprehensive lighting plan in accordance with § 27-904, Subsection 6D(7) must be provided for the TTD and/or mixed residential area. Such plan must include, at a minimum, architectural details and specifications for all proposed fixtures, luminaries, and standards, maintenance and replacement plan for lighting fixtures, and photometric details.
(j) 
Lighting Locational Requirements. Lighting shall be provided at street intersections, entryways to commercial or multifamily uses, and in parking areas as well as for pedestrian safety in areas between parking areas and these uses.
(k) 
Lighting Scale and Intensity. All light posts and fixtures shall be pedestrian-friendly as measured by scale and harshness of the light source. The style and size of fixtures shall be appropriate for the size and massing of associated structures, the surrounding public space, and the unified concept of the TTD and/or associated mixed residential area (e.g., wall-mounted, sidewalk lamps, bollards, landscape up lighting, etc.).
1) 
The level of lighting provided shall range between 0.5 and 2.0 footcandles dependent on the volume of both pedestrian and vehicular traffic and the location of the intersection or walkway.
2) 
Fixture pole heights shall not exceed 14 feet except where necessary to provide effective lighting for parking areas and high volume intersections. In such cases, a maximum height of 25 feet is permitted.
3) 
Fixtures shall be provided at no greater than eighty-foot intervals along sidewalks and within parking areas.
4) 
To impact energy efficiency, the use of LED lamps is required, and solar powered and motion sensitive fixtures is encouraged.
5) 
All light fixtures that are proposed in the public right-of-way that will be dedicated to the Township shall be consistent with the requirements of the Township street standards.
(l) 
Applicability of Chapter 4. Regulations regarding the placement, shielding, and intensity of lighting found in Chapter 4, Part 1, Outdoor Lighting Regulations, remain applicable to the extent that they are not in conflict with the above provisions.
H. 
Storage and Loading Areas.
(1) 
Standards.
(a) 
Visibility. Service areas for nonresidential structures, including areas for storage and/or loading, shall not be visible from major pedestrianways or neighboring residential areas.
(b) 
Storage Areas. Storage areas for live/work units, mixed-use buildings, civic uses and multifamily dwellings shall be integrated into overall building design.
(c) 
Screening. Adequate capacity for the storage of trash, recyclables, and compostables shall be provided. Service, loading, and trash disposal areas shall be effectively screened so as not to be visible from parking areas, roadways, or adjacent properties. Such screening shall consist of a combination of architectural masonry (or fencing) and landscaping with a height of at least six feet.
(d) 
Service Entrances. For commercial uses, service entrances shall be separate from those used by customers. When feasible, the location of service areas should be coordinated with adjacent properties so that the size and number of driveways and other paved surfaces can be minimized.
(e) 
Off-Street Loading Areas. Off-street loading shall be accommodated whenever possible. Such spaces shall be a minimum of 12 feet in width, 45 feet in length, and have a vertical clearance of at least 14 feet. Every nonresidential use with a floor area of at least 5,000 square feet should provide at least one such off-street space. Curbside deliveries are permitted only so long as they do not occupy on-street parking spaces or block travel lanes.
[Ord. No. 1096, 4/16/2024[1]; Ord. No. 1109, 3/4/2025]
1. 
Specific Intent. It is the intent of this district to encourage innovation and to promote flexibility, economy, and ingenuity in development within the West College Neighborhood District for the purpose of allowing for an increase in the permissible density or intensity of a particular use, based upon the standards, criteria and incentives set forth herein and in Chapter 22. The application of design standards and any permissible increases in density or mix of uses shall be dependent on the extent to which a project is consistent with and achieves the following design objectives and goals:
A. 
Establishes a pedestrian-oriented district that accommodates and encourages pedestrian and other multimodal travel alternatives by including sidewalks, greenways, and/or bike path linkages and does not promote vehicular travel.
B. 
Promotes development that creates shared parking facilities through the use of either surface parking lots or structured parking and decreases curb cuts by encouraging a "park once" approach to servicing retail and residential development.
C. 
Promotes viable public transit by developing at an appropriate density with attention to transit routes and by providing transit stops or hubs within the proposed district.
D. 
Provides opportunities to integrate age and income groups through the provision of a wide range of housing alternatives that are suitably mixed throughout the zoning district.
E. 
Promotes development that, through the use of distinctive architectural elements and citing criteria, creates community character.
F. 
Utilizes building height and mixed uses to achieve a more compact development footprint and efficient pattern of development while utilizing existing infrastructure.
G. 
Promotes development that creates and retains a human-scaled context.
H. 
Encourages energy efficiency, sustainable development, and green construction.
I. 
Allows for small-scale retail and entertainment uses that contribute to and enhance evening and weekend activity in the corridor.
2. 
Use Regulations. A building may be erected, altered, or used, and a lot may be used, or occupied, for any of the following purposes and no other:
A. 
Permitted principal uses, as well as the maximum square footage criteria as specified.
(1) 
Conversion of an existing single-family detached dwelling unit to a nonresidential use such as art studio, gallery, handicraft or photography studio, or professional office(s).
(2) 
Single-family dwellings, only on streets other than West College Avenue.
(3) 
Playground, greenway, trail, square, commons, plaza, transit area, courtyard or public area, community gardens.
(4) 
Bed-and-breakfast.
(5) 
Farm market.
(6) 
Retail sale, service or rental of basic convenience commercial goods and services such as, but not limited to, books, flowers, antiques, gifts, jewelry, or music.
(7) 
Business or professional office.
(8) 
Vertical mixed-use building involving a combination of authorized uses.
(9) 
Brewery, cideries and craft distilleries (beverage production facilities).
(10) 
Community theater or playhouse.
(11) 
Nonprofit or civic service agency.
(12) 
Pharmacy.
(13) 
Health club.
(14) 
Bank or financial office.
(15) 
Eating and licensed drinking establishments.
(a) 
When an eating or drinking establishment is located in a building with a front yard deeper than 10 feet, a patio area with seating is required to serve the establishment within the building.
(16) 
Salon or spa.
(17) 
Medical/dental office.
(18) 
Veterinary/animal clinic.
(19) 
Structured parking when provided as part of or accessory to a proposed vertical mixed-use structure.
(20) 
Multifamily dwelling units (other than university housing) only if part of a vertical mixed-use structure; no more than three unrelated individuals may reside in each dwelling unit.
(21) 
Gallery, handicraft, art, or photography studio, professional office for accountant, architect, attorney or similar profession.
(22) 
Uses associated with private or public institutes of higher education; in this zoning district, these shall be limited to the following principal uses: classrooms, research facilities and labs; administrative and faculty offices, and residence halls for graduate and undergraduate student housing only when staffed, owned and operated by the university which the students attend.
(23) 
Municipally owned parking lots/garages.
(24) 
Private recreation areas.
B. 
The permitted principal uses as set forth in the chapter are subject to the following:
(1) 
The entire first floor of multifamily and/or mixed-use structures located on lots that have frontage on West College Avenue shall not be permitted to include dwelling units.
(2) 
Any mixed-use building not fronting on West College Avenue must dedicate a minimum of 50% of the first floor square footage of the building to nonresidential uses as permitted.
C. 
Permitted accessory uses.
(1) 
No-impact home-based businesses shall be permitted in accordance with § 27-733.
D. 
Conditional Uses. All of the following conditional uses shall be permitted upon approval by the Board of Supervisors:
(1) 
Any use not specifically permitted within the West College Neighborhood District that is deemed to be an acceptable use due to its consistency with the stated intent of the district, and the application of appropriate design criteria as determined by the Board of Supervisors through the conditional use approval process.
(2) 
Any use not specifically excluded in § 27-304, Subsection 2E, that would be deemed to be an acceptable use within the West College Neighborhood District and is consistent with the stated intent of the district and the application of appropriate design criteria as determined by the Board of Supervisors through the conditional use approval process.
(3) 
Conference center, subject to the following criteria:
(a) 
All parking must be provided in an on- or off-site below-ground parking structure unless a municipally owned parking lot/garage is available.
(b) 
The building must adhere to the design requirements in Chapter 22 and must have lot frontage on West College Avenue.
(c) 
The center may include eating and sleeping accommodations if incorporated in a manner that is consistent with the intent of the district.
(4) 
Uses accessory to permitted principal uses, subject to the following criteria:
(a) 
The proposed accessory use is associated with a use specifically permitted in the district.
1) 
The proposed accessory use is complementary to the specific intent of the West College Neighborhood District and the West College Avenue streetscape.
2) 
Conformance with the criteria found in § 27-207.
(5) 
Structured municipally owned parking as a stand-alone structure, subject to the following criteria:
(a) 
Conformance to the design requirements as stipulated in Chapter 22, Part 5.
(6) 
Hotels, subject to the following criteria:
(a) 
Shall be located a minimum of 300 feet from any property line adjoining a residential district or use.
(b) 
Shall be limited to a maximum building footprint of 20,000 square feet.
(c) 
Must comply with Chapter 4, Part 1.
(d) 
Dumpsters shall be enclosed by a wall or solid fence at least six feet in height.
(e) 
Rooftop mechanicals must be screened from view.
E. 
Prohibited Uses. Only those uses specifically identified above or found to be consistent with the intent of the district are permitted in the West College Neighborhood District. The following represent some, but not all, of the uses that are specifically prohibited in the West College Neighborhood District:
(1) 
Convenience stores with fuel pumps.
(2) 
Vehicle garages and repair shops.
(3) 
Adult entertainment.
(4) 
Equipment rental.
(5) 
Motor vehicle display, repair, and sales.
(6) 
Car wash.
(7) 
Motels.
(8) 
Drive-through.
F. 
The following development types in the West College Neighborhood District are subject to the design standards found in Chapter 22.
(1) 
All new development.
(2) 
Building expansion if it meets the following criteria:
(a) 
The building coverage will be increased by more than 10%.
(b) 
The impervious coverage will be increased by more than 10%.
(c) 
The expansion is increasing parking requirements.
(d) 
The stormwater management controls are changing.
(e) 
Motor vehicle access to the property is being changed by more than 50% of its width.
(f) 
The location for the construction of proposed structures from an approved plan will be changed by more than 10% of the ground floor area.
(3) 
Building alterations if they meets the following criteria:
(a) 
The building coverage will be increased by more than 50%.
(b) 
The impervious coverage will be increased by more than 50%.
(c) 
The expansion is increasing parking requirements.
(d) 
The stormwater management controls are changing.
(e) 
Motor vehicle access to the property is being changed by more than 50% of its width.
(f) 
The location for the construction of proposed structures from an approved plan will be changed by more than 50% of the ground floor area.
3. 
Height, Area and Bulk Regulations. The following regulations shall be observed for all permitted principal uses:
A. 
Maximum Height.
(1) 
All buildings within the district shall have a maximum height of 35 feet.
(2) 
Any structure that will be located on a lot that involves an intersection with West College Avenue must address both frontages (no blank walls) and be a maximum of 45 feet in height.
(a) 
A street wall at least two stories or 30 feet in height (whichever is greater) shall be maintained for a minimum of 65% of the length of the lot frontage through placement of the principal structure or extension of its facade with an appropriate architectural element.
B. 
Maximum Building Size.
(1) 
Buildings within the West College Neighborhood District cannot exceed 20,000 square feet in floor area per lot.
C. 
Minimum Lot Size.
(1) 
Development may only occur on lots greater than 4,500 square feet.
D. 
Minimum Floor Area.
(1) 
Residential and mixed-use developments shall have a minimum density of 10 dwelling units per acre.
(2) 
Non-residential development shall have a minimum floor area ratio (FAR) of 1.0.
E. 
Yard Regulations.
(1) 
Front Yard.
(a) 
For lots with frontage on West College Avenue, the following front yard setbacks shall apply:
1) 
There shall be no required minimum front yard setback. Buildings may be located up to the required sidewalk line.
2) 
There shall be a maximum of a 20-foot front yard. This area is subject to all front yard requirements as specified in the design regulations of Chapter 22 or an officially adopted streetscape plan for the Township.
3) 
Sidewalks shall be 12 feet deep from the back edge of the curb on West College Avenue, and a minimum of five feet deep from the back edge of the curb on all side streets and cross streets of West College Avenue. This area is subject to all sidewalk and streetscape requirements as specified in the design regulations of Chapter 22 or officially adopted streetscape plan for the Township. A standard five-foot sidewalk shall be installed for the length of any portion of a lot that abuts an existing alley.
4) 
Building frontages along streets shall break any flat, monolithic facade by including architectural elements such as bay windows, recessed entrances, or other articulation so as to provide pedestrian scale to the first floor.
(b) 
For all other lots fronting roads other than West College Avenue, maximum 20-foot front yard setback.
1) 
When a front yard is provided, it must follow the same front yard regulations in Chapter 22 as properties on West College Avenue, except that streetscape elements (such as benches and street trees) must be provided in the front yard.
(2) 
Side Yard.
(a) 
Along West College Avenue no side yard will be required except in the circumstances set forth below.
1) 
A 20-foot side yard shall be required for all uses listed in Subsection 2A(6) through (24) and all conditional uses, if adjacent to an existing single-family residential use or lot.
(b) 
Along all other streets, a side yard of 10 feet will be applicable except in the circumstances set forth below:
1) 
When the side yard is adjacent to a structured parking facility, there will be no side yard setback required, and new buildings may be constructed with a zero lot line.
2) 
When the side yard abuts an alley which coincides with the district boundary, this side yard shall be established as a rear yard consistent with the provisions for a rear yard as indicated in Subsection 3E(3) below.
3) 
When the side of a building will have frontage on a cross street, this shall be considered a front yard and will be subject to the setback and design requirements as set forth above. However, the depth of sidewalk from back of curb may be maintained at five feet along the cross street.
(3) 
Rear Yard.
(a) 
On each lot there shall be a rear yard, the depth of which shall be five feet. However, if the rear yard is adjacent to a property with a single-family residential dwelling unit, or a property outside of the West College Neighborhood District, a twelve-foot landscaped buffer, in accordance with Chapter 22, Part 5, shall be provided at the property line and shall constitute the required setback. Surface parking may not encroach within the required setback.
(b) 
If the rear yard of a lot abuts an alley, whether in or out of the district, a five-foot concrete sidewalk shall be provided along the entire length of the property adjacent to the alley. Buildings may directly abut this sidewalk. If the alley coincides with the district boundary, the twelve-foot landscaped buffer required above shall be provided in addition to the five-foot sidewalk, establishing a total seventeen-foot setback.
(4) 
Building Separation.
(a) 
All buildings built on a zero lot line shall be independent, and no structural wall may be shared by buildings on adjacent lots. Buildings on the same lot may be connected by enclosed walkways or covered walks.
F. 
Impervious Lot Coverage.
(1) 
All lots will be allowed 75% impervious coverage, up to a maximum of 95% for each lot by way of the incentives set forth at Subsection 3G below.
G. 
Impervious Coverage Incentives. In no event shall the maximum total impervious coverage, with any of the incentives provided for within this section, exceed 95% of the site as measured within all existing or proposed lot lines.
(1) 
If a green roof or roof garden(s) covering a minimum of 60% of the roof is provided on the structure(s) on the lot, an additional 10% coverage is permitted.
(2) 
If an approved pervious parking surface is provided for a least 50% of the required on-site parking, an additional 10% coverage is permitted.
(3) 
If the proposal is for vertical expansion of an existing use, an additional 10% coverage is permitted.
(4) 
If the proposal is to add upper floor office or residential units to create a mixed-use structure out of an existing single-use building, an additional 10% coverage is permitted.
(5) 
If the entire roof is a cool roof that reduces cooling loads, an additional 5% coverage is permitted.
(6) 
If the proposal is to undo a previous conversion of a single-family dwelling from apartments back into a single-family dwelling, an additional 10% coverage is permitted.
H. 
Parking Requirements. The regulations set forth herein are intended to apply within the West College Neighborhood District and may differ from the provisions of Chapter 22.
(1) 
Off-street parking shall be provided and maintained in accordance with the provisions of Chapter 22, § 22-5C01, unless modified herein.
(2) 
Parking may be provided through the use of on-site, off-site, and remote or structured parking, or any combination thereof.
(a) 
Off-site parking must be located within two blocks or 1/4 mile of the main building entrance. If the off-site spaces are not in a publicly owned and operated parking structure, documentation of the reservation of such spaces, for each use, must be provided in the form of a shared parking agreement.
(b) 
A designated walking path must be provided between the off-site parking and the main building entrance. The walking path must utilize designated crosswalks when crossing West College Avenue.
(3) 
When an on-site surface parking area is proposed, it shall not be located in the front yard.
(a) 
Vehicular access shall not be permitted onto West College Avenue except if the lot has no other street or alley access.
(b) 
For lots with frontage on West College Avenue that do not have access to another street or alley, only one curb cut, not to exceed 24 feet, is permitted every 75 feet of lot frontage.
(c) 
When surface parking is located to the side of a structure, it may not encroach into the front yard, except for vehicular access. In addition to the front yard requirements of Chapter 22, § 22-5A05, Subsection 1D, all surface parking lots with frontage on West College Avenue shall be required to include a low architectural wall, masonry piers, fencing, or a combination thereof, and a continuous four-foot high (at time of planting) shrub hedge that screens the parking and defines the sidewalk edge. Additional deciduous and evergreen trees may be used to supplement the required plantings.
(d) 
Surface parking located to the side of a structure may not extend to a side street. The corner lots are subject to the use and yard requirements as stipulated above.
(4) 
Every nonresidential use with a floor area of 10,000 square feet or more must provide a loading/unloading area. Curbside deliveries are permitted so long as they do not block travel lanes.
(5) 
All uses shall provide bicycle parking accommodations on site. See Chapter 22, § 22-5C02.
(6) 
All egress from a parking area shall be designed so that motor vehicles leaving the parking area will enter the public street traveling in a forward direction.
(7) 
All surface parking lots must provide a five-foot planting buffer between the parking lot and any side or rear lot line. Additional parking lot regulations may be found in Chapter 22, Part 5A.
(8) 
Surface parking space dimensions shall be in accordance with the provisions of Chapter 22, § 22-5C01.
4. 
Final Plan.
A. 
Review and approval of the final plan shall proceed as outlined in the Subdivision and Land Development Ordinance, Chapter 22, § 22-304, including review by the Township Planning Commission, review by the Centre County Planning Commission or its designee, and review by the Board of Supervisors. Rendered architectural elevation and perspective drawings providing a clear representation of the relationship of the proposed development to the site and its visual impact on adjacent properties and a narrative clarifying and illustrating the significance of the applicant's proposed design must also be submitted with the final plan.
B. 
In addition to addressing all of the requirements of Chapter 22, §§ 22-401 through 22-403, the final plan submission shall address criteria in Chapter 22, Part 5A.
[1]
Editor's Note: This ordinance repealed former § 27-304, Terraced Streetscape (TS) District, as added by Ord. No. 1049, 11/18/2019; and amended by Ord. No. 1065, 1/4/2021; Ord. No. 1070, 5/3/2021; andOrd. No. 1076, 3/15/2022.