[Added 7-11-2018 by Ord.
2018-590]
A.
Intent. In addition to the general goals listed in § 425-2, General intent, these regulations may be utilized to develop or redevelop properties in the C-2 (Planned Commercial) Zoning District and are intended to:
(1)
Permit and encourage a diverse
mix of land uses on properties located near existing commercial and
residential areas.
(2)
Facilitate the redevelopment
of underutilized commercial properties and allow growth in places
that are most conducive to accommodating additional development.
(3)
Provide opportunities for
small-scale or locally owned businesses.
(4)
Promote aesthetically pleasing
developments with consistent architectural themes.
(5)
Promote communities with
bicycle- and pedestrian-oriented buildings and facilities, and connections
to and from surrounding properties.
(6)
Promote communities with
access to public transit.
(7)
Encourage shared parking
facilities to reduce impervious cover and encourage effective management
of stormwater runoff.
(8)
Provide workforce and/or
affordable housing opportunities consistent with the goals and objectives
of the Centre Region Comprehensive Plan.
(9)
Provide public gathering
places for community events or public celebrations.
B.
Applicability. These are optional
regulations.
(1)
These overlay zoning district
regulations, entitled Mixed-Use Overlay District 2 (MXD2), may be
applied only within the C-2 Zoning District of Patton Township.
(2)
All existing zoning, land use, and building regulations of the Code of Patton Township now in place continue to apply except where the regulations contained herein conflict. In such case, these regulations are intended to supersede and apply in order to facilitate development consistent with § 425-55A, Intent.
C.
Master plan approval. All development
within the MXD2 must be done pursuant to approval of a master plan
in accordance with the following procedures:
(1)
Preapplication meeting. A
preapplication meeting is recommended but shall not be mandatory,
nor shall it be regarded as a formal application for development.
The purpose is to provide for an informational exchange where the
major elements of a proposed master plan can be reviewed and evaluated
at the municipal staff level. The filing of any report, sketch plan,
plat, or map prior to or at such meeting shall not constitute submission
of a plan or application for development, nor shall such materials
be binding on subsequent submissions by the applicant.
(2)
Sketch plan submission. The
applicant is encouraged to submit a sketch plan, in both paper and
digital format. The purpose is to discuss the conceptual sketch of
the proposed development with the municipal staff, Planning Commission,
and Board of Supervisors prior to final submission.
(3)
Master plan application and
review. Application for master plan approval of an MXD2 development
shall commence upon a complete submission as described below:
(a)
A master plan submission
shall be deemed complete when the applicant has furnished the following
to the Township:
[1]
Twelve copies of a
master plan prepared by a registered engineer, surveyor, landscape
architect, or similarly qualified person. The plan shall fully comply
with the requirements of this article. One additional copy shall be
submitted in a digital format acceptable to Patton Township.
[2]
Twelve copies of a
narrative which shall fully comply with the requirements of this article.
[3]
Three copies of a transportation
impact analysis, which shall comply with the requirements of this
article.
[4]
Developer agreement.
All property owners or developers proposing to utilize these MXD2
regulations shall declare their intent to do so in the form of a note
on the master plan, or in the form of a separate written developer
agreement.
(b)
Once the submission is
complete, the Township Zoning Officer shall forward copies of the
documents to the Township Engineer, Centre Regional Planning Commission,
Centre County Planning Commission, COG Fire Director, COG Refuse and
Recycling Administrator, University Area Joint Authority, State College
Borough Water Authority, State College Area School District, and other
appropriate agencies.
(c)
At any time during the
review process, the applicant may amend the originally submitted plan
solely for the purpose of correcting minor deficiencies in the original
plan, to the extent necessary to meet Township requirements.
(d)
Review by the Township
Planning Commission.
[1]
At its next regular
meeting following the receipt of the application for master plan approval,
provided that such application was made at least 30 days prior to
the meeting, the Planning Commission shall review the plan to determine
its conformance with the provisions contained in these regulations.
[2]
The Planning Commission
shall notify the Township Board of Supervisors of any recommended
action, and any changes or modifications to the plan after such decision
is made, provided that the Planning Commission shall make such recommendations
within 70 days after the date the application was filed. No recommendation
shall be made until reports from the Centre County and Centre Regional
Planning Commissions are received, or until expiration of 30 days
from the date the plan was forwarded to these agencies; whichever
comes first.
[3]
If review by the Planning
Commission results in a recommendation to deny approval, notification
to the Township Board of Supervisors shall specify the deficiencies
found in the plan, list the requirements that have not been met, and
cite the provisions from which such requirements originate.
(e)
Review by the Township
Board of Supervisors. Upon receipt of the recommendation from the
Planning Commission, or upon failure to receive recommendations within
70 days after submittal, the Board of Supervisors shall review the
application for master plan approval.
[1]
The Board of Supervisors
shall review the plan and the written reports of the Township Planning
Commission and all other reviewing agencies noted above to determine
if the plan meets all applicable regulations.
[2]
Prior to approval of
a master plan, the Board of Supervisors shall require a public hearing.
The Township shall place a notice of the time and place of the public
hearing in a newspaper of general circulation as set forth by the
requirements of the Pennsylvania Municipalities Planning Code,[1] and shall also notify all adjoining property owners by
mail.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(f)
Approval or denial. The
Board of Supervisors, within 50 days following the Planning Commission
action or inaction, shall by official written communication to the
applicant either:
(g)
When the development may occur over a period of years, the Board of Supervisors may authorize development in phases, subject to requirements or guaranties of improvements in future phases of the development that it finds essential for the protection of any approved phase. A schedule shall be submitted with the application for master plan approval in accordance with § 425-55C(4)(d). Requests by the landowner or developer to revise the schedule may be granted at the discretion of the Board of Supervisors.
(h)
Failure of the Board of
Supervisors to render a decision and communicate it to the applicant
within the time and in the manner required herein shall be deemed
an approval of the master plan as presented, unless the applicant
has agreed, in writing, to an extension of time or change in the prescribed
manner of presentation or communication of the decision, in which
case failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(i)
In the event that approval
is granted subject to conditions, the landowner or developer may,
within 30 days after receiving a copy of the official written communication
of the governing body, notify the Board of Supervisors of their refusal
to accept all conditions, in which case, the Board of Supervisors
shall be deemed to have denied approval of the master plan. In the
event that the landowner or developer does not, within said period,
notify the Board of Supervisors of their acceptance of all conditions,
approval of the master plan shall be deemed to have been denied.
(j)
Approval of a master plan
shall not authorize construction or the issuance of any building permit.
Such authorization or issuance shall not occur until a land development
plan is approved for the applicable area.
(4)
Required master plan content.
Proposed master plans shall be drawn to a scale of one inch equals
100 feet or larger (e.g., one inch equals 30 feet) and shall contain
the following information:
(a)
General data.
[1]
Name of proposed development.
[2]
Purpose statement.
[3]
Sheet index.
[4]
North arrow.
[5]
Graphic and written
scale.
[6]
Location map showing
the proposed development in relation to roadways, waterways, and municipal
boundaries.
[7]
Legend describing all
symbols and land use areas shown on the plan (residential, nonresidential,
etc.).
[8]
Date the plan was originally
prepared, and the date and description of any revisions after formal
submission.
[9]
Name, address, and
seal of the individual or firm that prepared the plan.
[10]
Total area of the
master plan tract and each lot.
[11]
Boundaries of the
tract and each lot, showing bearings to the nearest minute and distances
to the nearest hundredth of a foot. If desired, bearings and distances
may be provided as a line and curve table.
[12]
Zoning district of
master plan area and abutting properties, including any overlay zoning
districts.
[13]
Perimeter setback
of the tract and interior setbacks for all lots.
[14]
Names and addresses
of property owners, and the deed book and page numbers of deeds conveying
the property. Name and address of developer (if different).
[15]
Names of owners,
tax parcel numbers, and deed book and page numbers for all properties
within or abutting the proposed master plan area.
[17]
A table with data
for the overall development and each phase, including:
[a]
List of proposed
land uses, including residential, nonresidential, mixed-use, and open
space, and the total acreage and percentage of the overall site of
each area.
[b]
Size, in square
feet, of all proposed buildings and the intended use of each.
[c]
Number of dwelling
units in each building containing residential uses.
[d]
Residential dwelling
unit density, in units per acre, and nonresidential floor area ratio
(FAR).
[e]
Area and percentage
of impervious coverage, including streets, parking areas, sidewalks,
bicycle paths, and structures.
[18]
A preliminary stormwater
management plan illustrating drainage patterns and detention pond
areas. The plan should include preliminary pond sizing calculations.
[19]
A conceptual landscaping,
screening, and buffering plan.
[20]
A general grading
plan indicating any major alterations to the topography of the site.
[21]
Proposed interior
circulation plan for vehicular, pedestrian, and bicycle traffic, including
all sidewalks, trails, and bikeways.
(b)
Existing and proposed
features. Approximate location of natural or man-made features, existing
and proposed, on or within 100 feet of the property.
[2]
Easements and rights-of-way.
[3]
Utilities.
[4]
Culverts and bridges.
[5]
Railroads.
[6]
Buildings and other
structures.
[7]
Public gathering places.
[8]
Driveways, parking,
and loading areas.
[9]
Drive-through uses.
[10]
Sidewalks and bicycle
paths.
[11]
Sinkholes.
[12]
Watercourses and
floodplains.
[13]
Historic sites.
[14]
Tree masses and unique
vegetation.
[15]
Required buffer yards.
[16]
Significant topographical
and physical features.
[17]
Steep slopes.
[18]
Critical groundwater
recharge areas.
[19]
Topographic contour
lines at vertical intervals of 10 feet or greater (e.g., five feet,
two feet).
(c)
Narrative statement. The
following information should be included in a narrative statement
submitted with the master plan:
[1]
A statement of the
ownership of all of the land included within the master plan area.
[2]
An explanation of the
design pattern of the development.
[3]
The substance of covenants,
grants of easements, or other restrictions that will be imposed on
the use of land, buildings and structures, including proposed easements
or grants for public use or utilities. The covenants should specifically
indicate that any land proposed for public gathering places shall
be used for such purposes in perpetuity.
[4]
A description of the
form of organization proposed to own and maintain the designated public
gathering places or other common facilities.
[5]
A description of proposals
to preserve natural features and existing amenities and a statement
of conceptual landscaping designs.
(d)
Development schedule.
When it is anticipated that development pursuant to an approved master
plan will occur in phases over a period of years, the following shall
be included with the application for master plan approval:
[1]
The approximate date
when subdivision and land development plans for each phase will be
submitted for approval, and when each phase will be completed. Each
phase shall be able to function independently of the undeveloped phases
while being compatible with adjacent or neighboring land uses.
(e)
Traffic impact report. A traffic impact report (TIR) meeting all requirements of § 350-53, Study contents, shall be included with all master plan submissions.
[1]
Major changes (as defined
in this article) to the approved master plan require submission of
a revised TIR. This shall occur prior to an application to amend the
master plan.
[2]
Subsequent land development
plans that deviate from the master plan analysis shall submit a revised
TIR.
[3]
Vehicular access.
(5)
Master plan amendments. Any
major changes to an approved master plan must submit an amended plan
that meets the procedural and content requirements presented herein.
A major change includes any of the following:
(a)
Any increase in the approved
residential or commercial area percentage.
(b)
Any significant changes
in the approved densities for residential areas.
(c)
Any significant changes
in the commercial or industrial floor area ratios.
(d)
Any decrease in the approved
open space area percentage.
(e)
A change in the location
of external vehicular access points or interior roadway locations.
(f)
Any other change determined
by the Township to be significant.
D.
Use regulations.
(1)
Uses by right. In the MXD2, land and structures may be used only for the uses shown in Table 1, MXD2 Uses. The uses must be combined with an existing use or, if new construction, combined with a use permitted in the C-2 District.
(2)
Conditional uses. Conditional uses are shown in Table 1, MXD2 Uses.
(a)
Drive-through uses.
[1]
All drive-through uses
must be clearly shown on the master plan for the site.
[2]
To minimize disturbance
to residential units located in mixed-use structures, drive-through
uses are only permitted to operate between the hours of 6:00 a.m.
and 11:00 p.m.
[3]
Drive-through uses
shall be sited in a manner that minimizes disturbance to adjacent
residential uses and all related buildings, lanes, and drive aisles.
[4]
Drive-through uses
shall not compromise pedestrian convenience, safety, or detract from
the overall walkability of the MXD2 development.
[5]
Drive-through lanes
shall be constructed as follows:
[a]
Vehicles must not
overflow into adjacent streets, parking areas, or drive aisles.
[b]
Drive-through lanes
shall be shielded in a manner that eliminates vehicle headlight glare
into adjoining properties and roadways.
[c]
Each vehicle stacking
space shall be a minimum of 20 feet in length.
[d]
Stacking lanes shall
not extend onto adjoining property unless the owner of the drive-through
site obtains a written easement from the adjoining landowner to construct
and use improvements upon the adjoining property, and to maintain,
repair, replace, or remove such improvements. The easement shall be
recorded prior to approval of any related land development plan.
|
MXD2 Uses
§ 175-40.9D(3)
| ||||
|---|---|---|---|---|
|
Permitted Uses
|
Accessory Uses
|
Conditional Uses
|
Special Uses1
|
Prohibited Uses1
|
|
Same permitted uses as C-2; with the addition of:
Apartments Townhouses
|
Customary uses accessory to permitted uses
|
Drive-through uses
| ||
|
NOTES:
| |
|---|---|
|
1
|
There are no special exceptions or specifically prohibited uses
in this zoning district.
|
E.
Area and bulk regulations. Area
and bulk regulations not specified herein shall be per the underlying
C-2 zoning district.
(1)
Minimum lot size. All properties
shall have a minimum lot size of 20 acres.
(2)
(3)
Maximum building size.
(a)
No single building within
the development may exceed a sixty-thousand-square-foot footprint
for the ground floor area.
(b)
No single building within
the development may exceed a floor area ratio (FAR) of 0.15 for total
floor area.
(c)
Structures used primarily
for parking shall be exempt from the maximum building size requirement.
(5)
Mix of uses. The amount of
ground floor area devoted to nonresidential uses shall be no less
than 75% of the total building ground floor area on the site.
(6)
Setbacks.
(a)
Side and rear yards. The side and rear yard building setbacks adjacent to nonresidential zoning districts and undeveloped residential zoning districts shall meet the C-2 setbacks for side and rear yards adjacent to commercial and industrial zoning districts as specified in § 425-17D, Table 4 (C-2 Area and Bulk Regulations). All other side and rear yard setbacks shall be as follows:
|
Structure Type
|
Side Yard Setback
(feet)
|
Rear Yard Setback
(feet)
|
|---|---|---|
|
Residential
|
30
|
50
|
|
Nonresidential or mixed-use
|
75
|
75
|
[1]
Where required setbacks
are 30 feet or greater, a thirty-foot-wide buffering strip shall be
provided along the property line and must include, at a minimum, the
following planting ratios:
|
Required Plantings Per 100 Linear Feet of Buffer
| |||
|---|---|---|---|
|
Type
|
Number
| ||
|
Canopy trees
|
2
| ||
|
Understory trees
|
5
| ||
|
Evergreen trees
|
5
| ||
|
Shrubs1
|
15
| ||
|
1
|
50% of required shrubs must be evergreens to ensure an effective
all-season buffer.
| ||
|
To allow design flexibility, the following exchange ratios may
be utilized:
| |||
|
Substitution
|
Equal To
|
|---|---|
|
2 understory
|
1 canopy
|
|
1 canopy
|
2 understory
|
|
2 evergreen
|
1 canopy
|
|
1 evergreen
|
5 shrubs
|
|
1 understory
|
3 shrubs
|
[2]
Plantings must meet
the following minimum standards:
[a]
Canopy trees: minimum
two-and-one-half- to three-inch caliper measured at breast height
(54 inches above grade).
[b]
Understory and evergreen
trees: minimum eight feet to 10 feet in height or two- to two-and-one-half-inch
caliper measured at breast height (54 inches above grade).
[c]
Shrubs: 24 inches
to 30 inches in diameter.
[3]
All plantings shall
be selected to be compatible with the environmental conditions they
will be exposed to. Any plant material that does not survive must
be replaced within one year.
[4]
At least 50% of new plantings shall be native to the region. Native vegetation shall include, but need not be limited to, plant materials set forth in Chapter 425, Appendix C: Plants Native to Central Pennsylvania.
[5]
To ensure adequate
headlight screening in reduced side and rear yard setback areas, a
plan for the use of mounding and/or ornamental grasses to supplement
the required tree and shrub plantings must be approved by the Township.
[6]
Parking is permitted
in the side or rear yard area as follows:
[a]
Parking in the side
or rear yard areas adjacent to existing residential uses is only permitted
in the setback areas established for nonresidential or mixed-use structures.
If parking is proposed in side or rear yard areas, the parking setback
shall be 59 feet from the property lines.
[b]
If parking is proposed in any side or rear yard areas, the overall site must include two or more enhancements, listed in Chapter 425, Attachment 10, Appendix D: Approved Landscaping and Architectural Enhancements.
[c]
If parking is proposed in any side or rear yard areas, buffering shall be required along the property lines in accordance with the planting schedule in Subsection E(7)(a)[1] of these regulations.
(b)
Interior lot lines. No
minimum setbacks for internal lot lines are established herein. Such
setbacks will be established by the Board of Supervisors for each
subdivision or land development plan submitted pursuant to an approved
master plan. This allows the designer flexibility in the placement
of structures. However, a proposal using minimal setbacks must clearly
establish the sufficiency of the design pattern for which the minimal
setbacks are proposed.
(7)
Maximum impervious coverage.
The maximum impervious coverage permitted under the MXD2 regulations
is 75% of the site. The limit may be increased up to an additional
5% of the site area with the use of green roofs or pervious pavement
systems, which shall be included in the master plan and utilized as
follows:
(a)
Green roofs.
[1]
The green roof area
may be deducted from the total impervious coverage of the site under
the following conditions:
[a]
The roof and building
structure shall be designed and sealed by a professional engineer
licensed by the Commonwealth of Pennsylvania and having previous experience
designing and constructing green roofs. Retrofit roof designs shall
be sealed by a structural engineer licensed by the Commonwealth of
Pennsylvania.
[b]
The roof shall be
accessible for maintenance purposes and may be available for limited
access by building occupants for their enjoyment.
[c]
Plants selected
for the green roof shall be native to Pennsylvania, compatible with
the growing region, and generally drought tolerant.
[d]
The building and/or
property owner must submit a signed and recorded maintenance agreement
for the green roof with the Township.
(b)
Pervious pavement systems.
[1]
Use of pervious pavement
systems may be deducted from total impervious coverage of the site
under the following conditions:
[a]
The pervious pavement
system shall be designed by a competent person or firm with previous
experience in design and construction of such systems.
[b]
The applicant must
demonstrate appropriate water table depth and sufficient soil infiltration
below pervious pavement systems to the Township Engineer.
[c]
Pervious pavement
systems shall be allowed in parking lots, sidewalks, patios, and bicycle/pedestrian
paths, but will not be allowed in pavement areas where heavy truck
or bus traffic is expected, or on slopes greater than 5%.
[d]
The stone storage
layer must have sufficient void capacity to accommodate at least twice
the two-year storm volume.
[e]
Pervious pavement
systems shall be designed with an overflow system in accordance with
the latest version of the PA DEP Best Management Practices Manual.
[f]
Seal coating of
the pervious pavement system shall not be permitted.
[g]
Pervious pavement
systems must be cleaned at least once every two years.
[h]
The property owner
must submit a signed and recorded maintenance agreement for the pervious
pavement system with the Township.
F.
Design and landscaping controls.
(2)
Community assets.
(a)
Hedgerows, waterways,
historic sites, scenic points, views, and vistas and other community
assets and landmarks should be preserved.
(4)
Lighting fixtures for interior
streets, sidewalks, and bikeways shall be owned and maintained by
the property owner.
(5)
For emergency access, the
site must provide a minimum of two vehicular connections to off-site
public roadways. Alternatively, site access can be provided by a boulevard-style
entrance/exit which contains two cartways separated by a median.
G.
Off-street parking requirements.
(1)
Off-street parking shall be in accordance with § 350-49, Off-street parking regulations, unless a different proposal is specified as part of the required parking study submitted with the master plan.
(2)
On-site shared parking. If
the use of shared parking is proposed, the following method shall
be applied. If the site contains existing parking that is intended
to remain, this method must be used to verify whether additional parking
is required. Shared parking shall be calculated as follows:
(a)
Step 1: Identify the required base parking for each land use, as specified in § 350-49. The following alternate base parking minimums are permitted in MXD2 developments:
(b)
Step 2: Determine peak
parking requirements by multiplying the base parking for each land
use by the corresponding percentage for each of the time periods shown
in the following table:
|
On-Site Shared Parking Demand
| ||||
|---|---|---|---|---|
|
Weekdays
| ||||
|
Use
|
0800-1700
|
1700-2100
|
2100-2400
|
0000-0800
|
|
Office
|
100%
|
10%
|
5%
|
2%
|
|
Retail
|
95%
|
75%
|
20%
|
2%
|
|
Hotel/motel
|
80%
|
80%
|
100%
|
100%
|
|
Restaurant
|
60%
|
100%
|
80%
|
10%
|
|
Entertainment/ recreation
|
40%
|
100%
|
80%
|
5%
|
|
Residential
|
60%
|
70%
|
95%
|
100%
|
|
Weekends
| ||||
|---|---|---|---|---|
|
Use
|
0800-1700
|
1700-2100
|
2100-2400
|
0000-0800
|
|
Office
|
30%
|
5%
|
5%
|
2%
|
|
Retail
|
100%
|
70%
|
30%
|
2%
|
|
Hotel/motel
|
60%
|
80%
|
100%
|
100%
|
|
Restaurant
|
45%
|
100%
|
30%
|
2%
|
|
Entertainment/ recreation
|
100%
|
95%
|
90%
|
20%
|
|
Residential
|
60%
|
70%
|
100%
|
100%
|
(c)
Step 3: Total the peak
parking requirements for each time period.
(d)
Step 4: Identify the highest
total peak parking requirement to determine the minimum number of
parking spaces for the overall site.
(3)
The master plan must include
at least 95% of the required parking spaces as calculated, whether
based on the standard or shared parking requirements.
(4)
Parking analysis. The developer
shall conduct parking studies as the phased development of the site
occurs in order to refine the required parking ratios and time-based
utilization rates for the aggregated uses so that sufficient parking
spaces are provided for the future phases.
(a)
The first study shall
be submitted with the land development plan (LDP) that includes the
building(s) that constitute more than 40% of the entire floor area
included on the master plan, provided that at least 20% of the floor
area included on the master plan has been completed and is occupied.
If the initial LDP includes 40% or more of the entire floor area included
on the master plan or less than 20% of the floor area is occupied,
the first study shall be submitted when the first of the below thresholds
are met.
(b)
Studies shall also be
submitted with LDPs that meet the sixty-percent and eighty-percent
floor area thresholds, provided that at least 30% or 40%, respectively,
of the floor area included on the master plan has been completed and
is occupied.
(c)
Should a parking study
indicate that the required parking ratios and time-based utilization
rates for the uses included on the approved master plan will not provide
sufficient parking for the future phases of the MXD2 site, the developer
shall submit a revised/amended master plan to provide additional parking
spaces or reduce the proposed total building floor area to align with
the available parking proposed.
(d)
Should a parking study
indicate that the required parking ratios and time-based utilization
rates for the uses included on the approved master plan have overestimated
the parking needs for the future phases of the MXD2 site, the developer
may submit a revised/amended master plan to align the required number
of parking spaces with the proposed total building floor area and
mix of uses.
H.
Off-street loading regulations. All loading areas shall be in accordance with § 425-62, Loading regulations, unless specified herein.
(1)
Loading areas shall be depicted
on the master plan. Loading areas should not be located on primary
streets or drives. Loading areas may be shared by multiple businesses.
Loading areas may be colocated with parking lot drive aisles, provided
that they do not impede traffic flow.
(2)
Loading and unloading shall
occur only between the hours of 6:00 a.m. and 11:00 p.m.
I.
Bicycle and pedestrian facilities.
(1)
All mixed-use developments
shall provide for bicycle access and pedestrian sidewalks that connect
to all suitable adjacent properties and neighborhoods as a means of
promoting multimodal connectivity to and from the site. When it is
most appropriate to combine bicycle and pedestrian facilities, as
determined by the municipality, then the combined shared use path
shall meet American Association of State Highway Transportation Officials
(AASHTO) guidelines.[2]
[2]
Editor's Note: Original § 175-40.9I(2) and (3) of
the 1996 Code, regarding bicycle racks and bicycle parking spaces,
which immediately followed this subsection, were repealed 9-14-2022
by Ord. No. 2022-624.
(2)
Required bicycle parking.
(b)
Bicycle parking analysis.
The developer shall conduct bicycle parking studies as the phased
development of the site occurs in order to refine the required bicycle
parking calculations so that sufficient bicycle parking spaces are
provided for the future phases.
[1]
The first study shall
be submitted with the land development plan (LDP) that includes the
building(s) that constitute more than 40% of the entire floor area
included on the master plan, provided that at least 20% of the floor
area included on the master plan has been completed and is occupied.
If the initial LDP includes 40% or more of the entire floor area included
on the master plan or less than 20% of the floor area is occupied,
the first study shall be submitted when the first of the below thresholds
are met.
[2]
Studies shall also
be submitted with LDPs that meet the sixty-percent and eighty-percent
floor area thresholds, provided that at least 30% or 40%, respectively,
of the floor area included on the master plan has been completed and
is occupied.
[3]
Should a parking study
indicate that the required bicycle parking calculations for the uses
included on the approved master plan will not provide sufficient bicycle
parking for the future phases of the MXD2 site, the developer shall
submit a revised/amended master plan to provide additional bicycle
parking spaces or reduce the proposed total building floor area to
align with the available bicycle parking proposed.
[4]
Should the bicycle
parking study indicate that the required bicycle parking calculations
for the uses included on the approved master plan have overestimated
the bicycle parking needs for the future phases of the MXD2 site,
the developer may submit a revised/amended master plan to align the
required number of bicycle parking spaces with the proposed total
building floor area and mix of uses.
J.
Affordable housing. The following
requirements shall be included in the plan notes for the master plan
for the development, or the developer and Township shall execute and
record an affordable housing development agreement.
(1)
A minimum of 5% of the residential
units in the development shall be designated as affordable housing
units for tenants earning less than 65% of the area median income
(AMI) for Centre County, as determined annually by the United States
Department of Housing and Urban Development.
(a)
If a tenant search for
an affordable unit does not yield a qualified tenant within 45 days,
units may be rented to individuals earning less than 80% of the AMI
for Centre County.
(2)
The following incentives
are available for developers electing to provide more than the minimum
required affordable housing, up to an additional 5% of the total number
of units proposed:
(a)
One additional market-rate
unit shall be permitted for every one additional affordable housing
unit provided.
[1]
All additional units,
whether market-rate or affordable, shall be exempt from the maximum
residential density limit of 12.5 units/acre.
(b)
The impervious coverage
limit of the site shall be increased by an additional 1,500 square
feet for each additional affordable housing unit.
(3)
The period for which the
units shall remain affordable shall be at least 50 years from the
date of initial occupancy of a unit.
(4)
The bedroom mix of affordable
units shall be generally in the same ratio as the bedroom mix of the
market-rate units of the project.
(5)
The development phasing plan
shall provide that the affordable units are not the last units constructed.
(6)
Affordable housing units
may differ from market-rate units in a development with regard to
interior amenities and gross floor area, provided that:
(a)
The differences, excluding
differences related to building size differentials, are not apparent
in the general exterior appearance of the development;
(b)
The differences do not
include insulation, windows, heating systems, and other improvements
related to the energy efficiency and standard components.
(7)
The developer/owner shall
retain the services of a qualified entity or employee to certify the
income eligibility of prospective tenants. Qualifications of the initial
entity or employee shall be submitted to the Township for review and
approval with the master plan for the development or with the affordable
housing development agreement.
(8)
Rent for affordable housing
units shall be no more than 30% of qualified tenant's household-gross
monthly income. Monthly-housing expenses shall be calculated as the
sum total of the monthly rent, plus the current utility allowance
per the Housing Authority of Centre County.
(9)
Unit/household size pricing
calculation. In calculating the rents, the following maximum relationship
between unit size and assumed household size shall apply:
|
Unit Type
|
Household Size
|
|---|---|
|
Efficiency units
|
One-person household
|
|
One-bedroom units
|
Two-person household
|
|
Two-bedroom units
|
Three-person household
|
|
Three-bedroom units
|
Four-person household
|
|
Four-bedroom units
|
Five-person household
|
(10)
Household size numbers
used for price calculation will not be used to determine maximum legal
occupancy of a dwelling unit. Maximum legal occupancy of a dwelling
unit will be based on the Centre Region Building Safety and Property
Maintenance Code for multifamily dwellings.
(11)
Annual rent increases shall
be limited to the percentage increase in the median household income
within the State College Metropolitan Statistical Area (MSA).
(12)
The developer/owner shall
annually submit to the Township a summary of all activities related
to the affordable housing units, including but not limited to:
(a)
Qualifications of entity
or employee certifying the income eligibility of prospective tenants.
(b)
Units available to rent
in previous 12 months.
(c)
Applicants approved as
tenants.
(d)
Applicants determined
to be ineligible as tenants.
(e)
Rent increases for continuing
tenants.
(f)
Any evictions or other
legal actions taken by or against tenants.
(13)
The Township shall review,
or engage a qualified entity to review, the developer/owner's annual
submittal of a summary of all activities related to the affordable
housing units. If the review determines a tenant was overcharged the
developer/owner shall refund the excess to the tenant.
(14)
The Township, or a designated
qualified entity, reserves the right to audit the developer/owner's
records of all activities related to the affordable housing units.
Such audits shall not occur more frequently than quarterly. If an
audit determines that a tenant was overcharged, the developer/owner
shall refund the excess to the tenant.
(15)
Parkland credit for affordable
housing. The parkland requirement shall be waived for the number of
affordable housing units provided.
K.
Public gathering places.
(1)
All MXD2 developments shall
include a public gathering place that encompasses an area of no less
than 2% of the total site area.
(2)
Public gathering places shall
be reserved by an easement, in a manner and form acceptable for recording
by the Centre County Recorder of Deeds, between the developer(s) and
the Township that allows public use of the space for a minimum of
10 years.
(3)
Public gathering places may be used to fulfill a portion of the parkland requirements of § 350-35, Public use and service areas. The following may receive credit:
(4)
Public gathering places shall
be located central to the development and not within 250 feet of adjacent
properties. Exceptions shall be permitted as follows:
(a)
Two hundred feet from
adjacent properties with the installation of a sound-attenuating fence.
(b)
One hundred fifty feet
with the installation of a sound-attenuating fence and a minimum ten-foot
forested buffer strip along existing residential uses between the
public gathering place(s) and adjacent properties.
(5)
If the proposed development
includes amenities such as fountains, gardens, courtyards, or others,
they should be located within a public gathering place. Renderings
of all amenities shall be provided with the master plan.
(6)
Public celebrations. The
developer may provide a proposal to sponsor public events to be held
on the public gathering place, or elsewhere on the MXD2 site. All
such proposals shall be submitted with the master plan and must be
approved by the Township Board of Supervisors.
(a)
If the public gathering
place includes private drives or driveways that may be closed for
public celebrations, alternative access routes shall be illustrated
on the master plan.
L.
Streetscapes.
(1)
Building layout and orientation
in the MXD2 should provide an atmosphere and environment that is walkable
and provides a pedestrian scale. Renderings shall be submitted to
the Township illustrating the view of the buildings from the streetscape.
(a)
Buildings shall be located
next to the sidewalk along primary streets to create a town center
environment.
(b)
Building facades are an
integral component of the streetscape. Buildings shall be constructed
with materials and/or treatments that create a unifying architectural
theme. Renderings shall be submitted to the Township illustrating
the view of the buildings from the streetscape.
(c)
The MXD2 shall create
an environment that encourages active human engagement and is pedestrian,
child, and family friendly. Amenities in the streetscapes will include
pedestrian lighting, a central public space where people may gather,
street trees, planters, and benches/seating. The amenities shall be
included in the streetscape renderings. From the renderings a schedule
of amenities will be developed and included upon the master plan.
(d)
The developer may propose
other amenities that are not already noted above if such amenities
are consistent in character and purpose with the overall development
plan.
(2)
Parking in the town center
should be provided in a variety of locations, including on-street
and off-street. The overall design should be cohesive and allow for
an optimum mix and usability of all the spaces in such a way to promote
viable retail interests while maintaining a pedestrian scale and public
spaces. Off-street parking is encouraged at the rear of the buildings
to minimize large areas for specific uses (such as parking) in the
public viewshed.
(3)
Other amenities. The developer
is encouraged to incorporate the following features into the MXD2
development:
