Article X Mixed Use District (MU)

The maximum permitted density shall be one dwelling unit per two acres based on total gross acreage.

A density bonus of 0.25 dwelling units per gross acre will be given for voluntary use of cluster development design concepts.

Lot regulations.

The minimum lot area for single-family detached dwellings is one acre, subject to required soil testing and/or hydrogeologic studies.

Minimum lot width is 150 feet at the building setback line and 50 feet at the dedicated right-of-way.

Impervious coverage shall not exceed 25%.

Setback regulations.

The minimum front yard depth shall be 35 feet.

The minimum side yard width shall be 20 feet.

The minimum rear yard depth shall be 40 feet.

Height requirements.

The height of a principal building shall not exceed 35 feet.

The height of an accessory structure shall not exceed 20 feet.

§ 230-49 Planned community development standards (PCD).

Clock towers, church steeples, water towers, silos, and other structures not designated for human occupation shall not exceed 60 feet.

General requirements.

The applicant shall have at least 30 acres under his/her control.

Publicly or privately developed centralized water and wastewater systems, approved by the Pennsylvania Department of Environmental Protection, must be provided.

Any PCD proposal shall be located within a mixed-use village area as delineated by the Southwest Adams Joint Comprehensive Plan, dated 2015 and approved in 2019.

Density requirements.

The base residential density of this district shall be one dwelling unit per two acres based upon the total gross acreage of the tract.

Density bonuses may be granted by the Board of Supervisors, provided that the following community development and design objectives are met by the applicant:

Provision of open space; provided that the requirements of § 230-49C are met, the Board of Supervisors may grant a density bonus of 0.5 dwelling units per acre.

Provision of an elderly housing component as part of the residential mix. Provided that the requirements of § 230-49D are met, the Board of Supervisors may grant a density bonus of up to 0.5 dwelling units per acre. If proposed, an elderly care facility shall be developed during one of the first two phases of a PCD.

Provision of town center: Provided that the requirements of § 230-49E are met, the Board of Supervisors may grant a density bonus of one dwelling unit per acre. If proposed, a town center shall be developed during one of the first two phases of a PCD.

Assuming all bonus development criteria can be achieved, the maximum permitted density for a Planned Community Development shall be 3.5 dwelling units per acre based on total gross acreage.

Open space requirements.

An applicant shall maintain at least 40% of a tract proposed for a Planned Community Development as a permanently preserved open space system. For all open space areas which meet the criteria for open space and which are deemed appropriate by the Board of Supervisors, the applicant shall submit to the Adams County Recorder of Deeds a deed restriction prohibiting the subdivision and nonrecreational development of the required open space.

If the required open space is dedicated to but not accepted by the Board of Supervisors, the applicant shall make arrangements for the permanent maintenance of the required open space through the formation of a homeowners' association. The open space shall be transferred to the homeowners' association, and the required deed restrictions shall be recorded prior to the beginning of construction of the phase within which the open space is located.

Environmentally sensitive areas shall be incorporated into an open space system designed to be integrated with and supportive of the planned community development. In addition, lands not considered environmentally sensitive, but which are necessary to provide visual buffers between surrounding roadway corridors and properties and the developed portion of the planned community development, shall be included. The buffer shall also help to protect adjacent agricultural operations from potentially incompatible activities that may be developed in association with a supportive open space system for a planned community development.

The open space system serving and supporting the planned community development shall be designed to create a peripheral or circumferential open space buffer surrounding the developed areas of the planned community. At least 50% of the area comprising the peripheral or circumferential space buffer shall be devoted to either passive recreation uses or preservation of open space in a natural state. Up to 50% of the circumferential open space buffer may be devoted to active recreation uses.

Passive recreation uses may include hiking, walking, equestrian or bicycling trails, wildlife sanctuaries, fishing areas, and wildlife observation areas, and areas suitable picnicking and other similar passive recreation activities.

Active recreation uses may include baseball, softball, or soccer fields, tennis, basketball, or volleyball courts, and other similar active recreation activities.

All noncommercial recreation areas, either active or passive, shall be open to all residents of the planned community development. Commercially operated, active recreation uses incorporated into the required open space system shall be available for use by the public.

(6)

A trail network shall link components of the open space system, including all recreation areas. The network shall also link these recreation areas with residential neighborhoods and with the town center.

(7)

Residential neighborhoods shall be located either adjacent to the perimeter of the town center or shall be connected to the town center by the trail system. These neighborhoods may contain a variety of housing types based on market demands and density limitations as outlined in this chapter.

(8)

Any open space established by the creation of residential neighborhoods shall be incorporated into the open space network and may be included in meeting the percentage requirements of the tract.

Elderly care facility requirements. To qualify for a density bonus of one dwelling unit per acre, the applicant shall demonstrate that the proposed development meets the following requirements:

The applicant shall demonstrate that at least 20% of the household units proposed within the planned community development are associated with an elderly care facility or a residential facility designed expressly to accommodate elderly or disabled persons. Elderly care facilities may include nursing homes, congregate living facilities, assisted-living apartments or single-family cottages, and independent-living cottages. Elderly care facilities shall be licensed by appropriate state and/or federal regulatory agencies, when applicable. In determining the number of household units within an elderly care facility, the following calculation shall be made:

The number of bedrooms within any nursing home component of an elderly care facility shall be multiplied by a factor of 0.6.

The number of congregate living facilities and assisted living apartments within any elderly care facility shall be multiplied by a factor of 0.8.

The number of assisted living cottages and independent living cottages within an elderly care facility shall be multiplied by a factor of one.

An elderly care facility may be incorporated into a town center of a PCD, if proposed, or within the residential areas of a PCD.

Any elderly care facility shall be designed using an integrated design motif.

Pedestrian access shall be provided from any elderly care facility to all other components of a PCD.

If the applicant's property contains at least 250 acres and the applicant demonstrates that at least 40% of the proposed household units are associated with an elderly care facility, the Board of Supervisors may grant an additional density bonus of 0.5 dwelling units per acre.

Town center requirements. To qualify for the density bonus available for providing a town center, an applicant shall demonstrate that the proposed development meets the following requirements:

Provision of a "common green":

The common green" shall be a minimum of one acre in size. The common green shall be surrounded by vehicular streets on at least three sides. The common green may be designed to resemble a traditional town square or plaza area.

A landscaping plan, designed by a registered landscape architect, shall be submitted for the common green. At a minimum, landscaping shall be provided around the perimeter of the common green as well as internally within the common green. Perimeter landscaping shall include street trees and shrubs. Internal landscaping shall include shade trees and shrubs and shall be placed to enhance the appearance of amenities placed within the common green.

Common green amenities, such as information kiosks and benches, shall be included within the common green. At least one major focal point, such as a bandshell, gazebo, or clock tower, is required within the common green.

(d)

Pedestrian linkages shall be created to provide accessibility to the common green. Pedestrian linkages shall include sidewalks for pedestrian paths lining the common green, to the surrounding town center, and the adjoining residential neighborhoods. A network of pedestrian paths within the common green shall also be provided and shall be shown on the landscaping plan.

(e)

If the applicant chooses to apply for the density bonus for open space as permitted by § 230-49C, the common green area shall be included in calculating the percentage of open space in accordance with the open space percentage requirements of § 230-49C. Deed restrictions shall be recorded to restrict further development of the common green. Such deed restrictions shall be reviewed and approved by the Township Solicitor and shall be filed in the Office of the Adams County Recorder of Deeds. If the common green is not accepted by Freedom Township, the applicant shall make arrangements for the permanent maintenance of the common green through the formation of a homeowners' association. The common green shall be transferred to the homeowners' association, and the required deed restrictions shall be recorded prior to the beginning of construction of the phase which includes the town center.

Provision of a town center.

An applicant shall demonstrate that the proposed development includes an area surrounding the common green, designed to resemble the mixed-use centers of older Pennsylvania towns or villages.

A street network shall be developed for the town center and shall be generally based on the grid pattern typical of older Pennsylvania townships. The grid pattern of streets shall surround the common green on at least three sides. The grid pattern of streets shall extend for a minimum of one block from the common green and may extend for a maximum of three blocks from the common green.

Blocks shall be of sufficient depth to allow for lots to be arranged on both sides of a rear access alley. Blocks shall be a minimum of 400 feet and a maximum of 800 feet in length.

(d)

Sidewalks, constructed to standards contained in the Township's Subdivision and Land Development Ordinance in Chapter 195 of the Code, shall be provided along both sides of all streets within the Town Center. A three-foot-wide planting strip shall be provided between the street cartway and the sidewalk.

(e)

Street trees shall be planted within all planting strips required by this section. Such street trees shall be planted no further than 30 feet apart. At the time of planting, the street trees shall have a minimum height of 10 feet and a minimum caliper of two inches, measured at the four-foot level.

(f)

Within the town center, a build-to line of 12 feet shall establish required building placement. At least 50% of all principal structures within the town center shall be constructed at the build-to line. At the discretion of the applicant, up to 25% of all principal structures may be constructed up to six feet behind the build-to line. At the discretion of the applicant, up to 25% of all principal structures may be constructed up to two feet or beyond the build-to line. All build-to lines shall be shown on preliminary final plan submissions.

(g)

Where a yard area is created between the front of a structure and the sidewalk, the yard area shall be planted with ground cover, which may include gardens, grass, shrubs, and shade trees. Fencing and low walls (up to two feet in height), designed to reflect the architectural style of the principal structure, are strongly encouraged.

(h)

Within the town center, the applicant shall provide a range of lot areas and lot widths to encourage a variety of building sizes and styles. In no case shall the minimum lot area and lot width on any lot be less than the following.

Single-family detached: 4,000 square feet with a minimum lot width of 40 feet.

[2]

Single-family attached: 2,000 square feet with a minimum lot width of 20 feet.

[3]

Mixed-use/nonresidential: 6,000 square feet with a minimum lot width of 60 feet.

(i)

Building architecture and materials shall be consistent with those found in older Pennsylvania towns and villages. A majority of buildings within the town center, including nonresidential buildings, shall have either front or side gabled roofs, and shall be at least two stories tall. Roof pitches of between eight by eight to eight by 12 shall be provided.

(j)

Parking required for commercial or business use shall be provided, to the maximum extent possible, on the street system of the town center. When additional parking is needed in excess of the parking capacity of the street network, planned parking areas may be proposed.

(k)

Within the town center, off-street parking shall be located to the rear of properties. In addition, the following standards shall be met.

Access to all parking areas shall be from the alley network.

[2]

All parking areas shall be paved in accordance with Township standards.

[3]

Perimeter landscaping shall be provided for all parking areas. Such perimeter landscaping shall include, at a minimum, a shade tree planted at five-foot intervals. Such shade tree shall be a minimum of five feet in height and have a minimum caliper of 1.5 inches at three feet.

[4]

A minimum of 10% of the area of all parking areas over 10 spaces shall be devoted to interior landscaping. Such landscaping shall be located on planting islands with a minimum area of 25 square feet. Planting island landscaping shall include, at a minimum, one shade tree and two shrubs. The shade tree shall be a minimum of five feet in height and have a minimum caliper of 1.5 inches measured at three feet.

(l)

Decorative streetlighting shall be provided along all public streets and alleys. Streetlights are required along both sides of all streets within the town center and along one side of all alleys within the town center. At a minimum, one streetlight shall be installed for every 100 feet.

(m)

All air-conditioning units, exhaust systems, satellite dishes, fire escapes, elevator housings, and other similar building elements shall be located to the rear of structures within the town center. Landscaping and/or other screening devices shall be used to soften the view of these features from adjoining properties.

(n)

Trash disposal and pick-up areas shall be located in the rear yard of all properties within the town center. Such areas may be designed to accommodate either individual trash cans or a dumpster, depending on the intensity of use of the property. Trash disposal and pickup areas shall be screened on all sides by a six-foot-tall fence. Shrubs shall be planted around the perimeter of the screening, excluding the alley side to allow access.

(o)

Residential apartments are encouraged to be located above commercial establishments within the town center. Where such apartments are proposed, they shall meet the minimum habitable floor area standards established in Article XIII.

(p)

Within residential neighborhoods adjoining or within walking distance of the town center, a minimum front yard setback of 15 feet is established.

(q)

Minimum size yard in the town center shall be five feet. Where attached buildings are proposed, the side yard requirements shall not apply. At the discretion of the applicant, the minimum side yard requirements may be reduced on up to 25% of the lots by up to 40% to allow additional flexibility for building placement. In no case may the distance between two detached structures be less than eight feet.

(r)

Minimum rear yard setback for principal structures in the town center shall be 25 feet. Minimum rear yard setback for accessory structures shall be five feet.

(s)

Maximum impervious lot coverage on any property within the town center shall be 75%.

(t)

Due to the unique nature of the town center design criteria, the standards and design requirements contained in this section may differ from those found in Chapter 195, Subdivision and Land Development, of the Code of Freedom Township. In such instances of conflict, the provisions in this chapter shall take precedence.

(u)

The following uses are permitted within the town center core area:

Single-family detached dwellings.

[2]

Specialty retail shops.

[3]

Professional offices.

[4]

Personal service establishment.

[5]

Farm market, in accordance with § 230-62A(20).

[6]

Food court.

[7]

General retail establishments, provided that the establishment does not exceed 3,000 square feet of retail sales area.

[8]

Hotels, provided that the establishment includes no more than 75 rooms.

[9]

Restaurants, excluding drive-in or drive-through establishments.

[10]

Banks, excluding drive-through establishments.

[11]

Two-family, three-family, and four-family dwellings, designed to resemble:

[a]

Large single-family dwellings from the exterior, or

[b]

Rowhouses or townhouses typical of older Pennsylvania towns and villages.

[12]

Residential apartments located on the second or third floors of a structure where the first floor is occupied by a specialty retail, professional office, or personal service shop as permitted by this section.

[13]

Bed-and-breakfast establishments, in accordance with § 230-62A(8).

[14]

Mixed-use buildings, including two or more of the uses permitted by this section, provided the appropriate standards for each use within a mixed-use building are met.

[15]

Semipublic and community facilities, including places of worship, governmental offices, post offices, and community clubs and civic organizations.

Residential neighborhood requirements.

Stormwater management shall be provided in accordance with the design criteria established in Chapter 195, Subdivision and Land Development. Easements and stormwater management areas shall not be calculated as part of any required open space.

The maximum net density of any residential cluster shall be eight dwelling units per acre.

Of the total number of dwelling units, the proportion for each dwelling type shall be limited to the following:

Single-family detached, a minimum of 50%.

Single-family attached, a maximum of 35%.

Multi family, a maximum of 20%.

(d)

Single-family semidetached, a maximum of 25%.

To maximize flexibility in lot layout and design, side setbacks shall be calculated based on maintaining a minimum unobstructed distance between structures of 20 feet.

The applicant shall provide a range of lot areas and lot widths to encourage a variety of building sizes and styles. In no case shall the minimum lot area and width be less than the following:

Single-family detached, 4,000 square feet with a minimum lot width of 40 feet.

Single-family attached, 2,000 square feet with a minimum lot width of 20 feet.

Mixed-use/nonresidential, 6,000 square feet with a minimum lot width of 60 feet.

(6)

All lots and structures shall have access only to an interior street network designed in accordance with Chapter 195, Subdivision and Land Development.

(7)

The minimum front and rear yard setbacks for residential structures shall be 20 feet. All buildings shall be set back a minimum of 15 feet from any interior access drive or parking facility. All buildings shall be set back at least 75 feet from any perimeter boundary of the development site with appropriate buffering.

(8)

Off-street parking and access shall be provided in accordance with the standards contained in Article XIV of this chapter.

(9)

Generally, the placement of structures shall be in accordance with the overlay standards contained in Article XII of this chapter.

(10)

The Board of Supervisors may allow reasonable modifications of any regulation upon findings that other factors preclude strict implementation of existing requirements and may jeopardize an otherwise well designed open space community. In granting modification, the BOS may impose such conditions as will secure the objectives and purpose of this section.

Phasing requirements.

The common open space and/or recreational facilities shall be developed and/or allocated on any final plan in proportion to the number of dwelling units intended to be developed during any given phase.

At no time during the construction shall the number of dwelling units per acre of developed land exceed the overall gross density per acre established by this chapter.

At least 15% of the total dwelling units given tentative approval shall be included in the first phase. All subsequent phases shall contain at least 50 to 100 dwelling units in order to constitute an economically sound unit for development.

The landscaping for each approved phase must be 80% complete before proceeding to the construction of the next phase. No more than two phases may be incomplete at any time.

All improvement guarantees, release of improvement guarantees, maintenance guarantees, and other remedies for completion of improvements shall be in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]