[Added 10-19-2023 by Ord. No. O-23-05]
As used in this article, the following terms shall have the
meanings indicated:
The employment of the land and structures for one or more
of the following uses: tilling or cultivation of the land; raising,
harvesting and selling of crops, fruits and vegetables; horticulture
use related to the raising, propagating and selling of trees, shrubs,
flowers, and other plant material; forestry uses related to harvesting
of lumber products; the keeping and raising of livestock or poultry;
dairying and the sale of dairy products; or any other agriculture,
horticultural, animal husbandry or any combination thereof. "Farm
use" does not include the on-site tilling or cultivation of up to
50% of an individual parcel for the raising and maintenance of trees,
shrubs, plants, flowers, garden crops, fruits and vegetables intended
for personal use or eventual off-site donation or sale. This shall
also not include any plants for the purpose of landscape or aesthetics.
An area of land, controlled by a landowner, to be developed
as a single entity for a mixture of research, business, and limited
residential uses.
A walkway in a public area lying generally parallel to the
surfaced portion of the street between the edge of the traveled way,
surfacing, or curbline and the outer edge of the right-of-way, intended
for the use of pedestrians.
Tentative plans for planned residential developments within
the Planned Research and Business Park District, all or part of which
are situated in the Township, shall be reviewed by the Township Planning
Commission and the Centre Regional Planning Commission and shall be
approved or not approved by the Township Council in accordance with
the procedures specified in this article. All plans shall be reviewed
in two stages, tentative and final.
A potential applicant for planned residential development within
the Planned Research and Business Park District may request a conference
with the Planning Commission for the purpose of discussing or reviewing
such proposed development and for obtaining advice on the preparation
of the tentative plan.
All applications for Township approval of planned residential
development plans within the Planned Research and Business Park District
shall commence with the official submission of a plan and all required
supplementary data to the Township Secretary. The application for
tentative approval of the development plan shall be filed by or on
behalf of the landowner. 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 the requirements of this chapter.
A.
The preapplication conference shall not be mandatory and shall not
be regarded as a formal application for planned residential development.
The filing of any report, sketch plan, plat or map prior to or at
such conference shall not constitute submission of a plan or application
for planned residential development, nor shall such materials be binding
on subsequent submissions by the applicant.
B.
Any report,
sketch plan, plat or map to be considered by the Planning Commission
at such conference shall be provided by the potential applicant in
three copies, and the Township Secretary shall distribute a copy of
the same to the Township Planning Commission and the Centre Regional
Planning Commission for informational purposes only.
C.
The Planning
Commission may, at its sole discretion, make or refuse to make recommendations
as the result of the preapplication conference. Any recommendations
made by the Planning Commission at or in response to the preapplication
conference shall not be binding upon the applicant or upon the Planning
Commission in its review of the plan after formal application.
D.
Review by the Township Council. Upon receipt of the recommendations
from the Planning Commission or upon failure to receive said recommendations
45 days after submittal, and in no event later than 60 days from the
date of application for tentative approval of the planned residential
development within the Planned Research and Business Park District,
the Township Council shall hold a public hearing for the purposes
of public comment and review of the plan. Owners of abutting properties
should individually receive written notice of the public hearing.
The hearing shall be held in the manner provided by the Pennsylvania
Municipalities Planning Code, as amended.[1] The governing body may continue the hearing from time
to time and may refer the matter back to the Township Planning Commission
for a report; provided, however, that all public hearings shall be
concluded within 60 days after the date of the first public hearing.
(1)
The
Council shall review the plan and the written reports thereon of the
Township Planning Commission, the Centre County Planning Commission,
the Centre Regional Planning Commission, the Fire Chief and the Township
Engineer to determine if the plan meets the provisions contained in
this article. Prior to approval of a tentative plan for which off-site
sewer or water service is proposed, the Council shall require, as
a condition of approval, that the applicant furnish written confirmation
from the appropriate bodies that such service is and will be made
available to the planned residential development.
(2)
Approval
or denial.
(a)
The Council, within 60 days following the conclusion of the public
hearing, shall, by official written communication to the applicant,
either:
(b)
The official written communication shall be certified by the Secretary
of the Township Council and shall be filed in his office, and a certified
copy shall be mailed to the landowner.
(3)
In accordance with the Pennsylvania Municipalities Planning Code, Article VII, Planned Residential Development, Section 709(b),[2] the grant or denial of tentative approval by official
written communication shall include, with the conclusions, findings
of fact related to the reasons for the approval, with or without conditions,
or for the denial. The findings shall specify in what respects the
development plan would or would not be in the public interest, which
may include but shall not be limited to the following:
(a)
Those respects in which the development plan is or is not consistent
with the adopted Township Comprehensive Plan.
(b)
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.
(c)
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 or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential community.
(d)
The physical design of the development plan and the adequacy of provisions
for public services, controls over vehicular traffic and amenities
of light, air, recreation and visual enjoyment.
(e)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established.
(f)
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.
[2]
Editor's Note: See 53 P.S. § 10709(b).
(4)
In
the case where a planned residential development within the Planned
Research and Business Park District is projected over a period of
years, the Council may authorize final review of the plan by sections,
stages or phases of development, subject to such requirements or guaranties
as to improvements in future sections, stages or phases of development
as it finds essential for the protection of any tentative approved
section, stage or phase of development. In such case, a schedule showing
the proposed times within which applications for final approval of
all sections, stages or phases of the development are intended to
be filed shall be included with the tentative plan. The schedule may
be revised annually by the Council if requested to do so by the landowner
or developer. A landowner or developer who requests a change in scheduling
shall submit a letter to the Council requesting said change along
with the reasons for the change. The Council may, at its discretion,
require the landowner or developer to follow the procedures required
herein for tentative plan approval. The phasing of a tentatively approved
PRD within the PRBD may be revised annually by the Council upon application
of the landowner or developer following the procedures required herein
for tentative plan approval.
(5)
The
Council may set forth in the official written communication a period
of time, not less than three months, within which an application for
final approval of the development plan shall be filed or, in the case
of a development plan which provides for development over a period
of years, within which an application for final approval of the development
plan for the first phase shall be filed. In no case shall the time
between the grant of tentative approval and the submission of application
for final approval be more than 12 months, or, in the case of a plan
which provides for development over a period of years, the time between
tentative approval and submission of application for final approval
of the first phase shall not be more than 12 months; provided, however,
that the Council may extend for a single twelve-month period the filing
of the final plan if requested in writing by the applicant. If the
final plans are not submitted within the time limits set above, the
tentative plan will be deemed to be abandoned unless reestablished
by full tentative approval procedures, as set forth in this section.
(6)
Failure
of the Council 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 tentative plan in terms 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.
(7)
In
the event that tentative approval is granted subject to conditions,
the owner may, within 30 days after receiving a copy of the official
written communication of the governing body, notify the Council of
his refusal to accept all of said conditions, in which case, the Council
shall be deemed to have denied tentative approval of the development
plan. In the event that the landowner does not, within said period,
notify the Council of his acceptance of all of said conditions, tentative
approval of the development plan shall be deemed to have been denied.
(8)
The
location and boundaries of planned residential developments within
the Planned Research and Business Park District which have received
tentative approval shall be shown on the College Township Official
Zoning Map.[3]
(9)
Tentative
approval of a development plan shall not qualify a plat of the planned
residential development within the Planned Research and Business Park
District for recording nor authorize development or the issuance of
any building permit.
(10)
In
the event that a development plan is given tentative approval and,
prior to final approval, the landowner shall elect to abandon said
development plan by so notifying the Township, in writing, or in the
event that the owner shall fail to file application or applications
for final approval within the required period of time, the tentative
approval shall be deemed to be revoked, and all that portion of the
area included in the development plan for which final approval has
not been given shall be subject to those local ordinances otherwise
applicable thereto, and the same shall be noted in the records of
the Township Secretary, and the planned residential development within
the Planned Research and Business Park District designation for that
portion shall be removed from the College Township Official Zoning
Map.
(11)
A
development plan which has been given 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 municipality pending an application or applications
for final approval, without the consent of the landowner, provided
that an application for final approval is filed or, in the case of
development over a period of years, provided that applications are
filed within the periods of time specified in the official written
communication granting tentative approval.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A plan, including all the land in an approved tentative plan
or a section thereof according to an approved schedule for development
over a period of years, shall be officially submitted to the Township
Secretary for final approval. All plans which have received tentative
approval shall be entitled to final approval, in accordance with the
terms of the approved tentative plan, for a period of 12 months from
the date of preliminary approval. The Township Council may extend
for 12 months the period for filing the final plan. No construction
or installation of structures or improvements shall occur in any phase
of the development, and no zoning or building permits shall be issued
before final approval is given. No occupancy permits shall be issued
for any phase of the development until required improvements are installed
and all conditions of final approval have been met.
A.
All applications for final approval shall be acted upon by the Township
Council within 45 days following the date the application is filed.
B.
Final official submission of the plan to the Township Council shall consist of eight black- or blue-on-white prints of the plan, which shall comply with § 87-54 of this article and the conditions for which the plan received tentative approval, plus financial security specified in Subsection G below, all offers of dedication and deeds of easements to the Township and all other required documents.
C.
Upon receipt of all required materials, the Township Secretary shall
forward one copy of the plan to the Township Council, the Centre Regional
and Centre County Planning Commissions, the Fire Chief, the Township
Engineer and, if the proposed development is to have direct access
to a state or federal highway, the district office of the Pennsylvania
Department of Transportation in Clearfield, Pennsylvania. The County
Planning Commission and its designated agent, the Centre Regional
Planning Commission and the Township Engineer may review the final
plan to determine its conformance to the provisions contained in this
article. The Township Council shall take no official action on such
application until reports from the above are received or expiration
of 30 days from the date the application is filed, whichever comes
first.
D.
The final review of the plan shall be conducted by the Township Council and shall be limited to determining if the plan conforms to the plan which received tentative approval, including all conditions and modifications required by the Township Council, and if the requirements for final plan approval as listed under § 87-54 of this article have been met. If the plan submitted for final approval varies from the plan granted tentative approval, it shall be the responsibility of the applicant or his representative to bring such changes to the attention of the Council. Failure of the applicant to bring said changes to the attention of the Council shall constitute an abandonment of the tentatively approved plan.
E.
Plans containing variations.
(1)
In the event that the development plan as submitted contains variations
from the development plan given tentative approval, the Council may
refuse to grant 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 the plan is at variance with that which received tentative approval.
In the event of such refusal, the landowner may either:
(2)
If the landowner wishes to take either such alternate action, he
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 that the owner shall fall to take either
of these alternate actions within said time, he 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 owner, and the hearing shall be conducted
in the manner prescribed for public hearings on applications for tentative
approval. Within 30 days after the conclusion of the hearing, the
Council shall, by official written communication, either grant final
approval to the development plan or deny final approval. The grant
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
article.
F.
As a condition of approval, the applicant shall permit the Township Engineer to make periodic site inspections of such nature and extent as is necessary to ensure that the required improvements are being installed and constructed in conformity with the design standards contained herein or otherwise specified in the tentative approval of the plan. The Township Engineer shall make inspections and report on required improvements as specified in Chapter 180, Subdivision and Land Development, and the Council shall notify the landowner of the results as specified therein.
G.
In order to guarantee the completion of any improvements required as a condition for final approval of the plan, the Council shall require deposit of a corporate bond or other form of financial security, prior to approval of the plan, in an amount sufficient to cover the costs of any improvements which may be required, regardless of whether or not such are intended to be dedicated to the municipality. Such bond or security shall take the form and shall be enforceable as specified in Chapter 180, Subdivision and Land Development. The Council may require maintenance guaranties as specified in Chapter 180, Subdivision and Land Development.
H.
In the event that a development plan or section thereof is given
final approval and thereafter the landowner abandons the plan or section
and the landowner notifies the Council, in writing, or if the landowner
falls to commence and carry out the plan within 12 months from the
date of final approval, no development or further development shall
take place on the property included in the development plan until
after said property is resubdivided and is reclassified by enactment
of an amendment to the College Township Zoning Ordinance or until
a tentative development plan and final plan are resubmitted and approved
under the procedures set forth in this article.
After completion of the procedures required by this article
and after final approval by the Council, all endorsements shall be
so indicated on the approved plan and on as many other copies of the
plan as may be desired by the governing body. Upon approval and signing
of the plan by the Council, a record plan shall be recorded in the
office of the Recorder of Deeds of Centre County by the applicant
within 90 days of such approval and signing. Such recording shall
be otherwise in conformity with the Pennsylvania Municipalities Planning
Code.[1] Within 10 days after the Recorder of Deeds has properly
recorded the planned residential development plan, a copy of such
shall be forwarded to the Township Secretary by the applicant, including
the endorsement of the Recorder of Deeds. Upon filing of the record
development plan, zoning and subdivision regulations otherwise applicable
to the land included in the plan shall cease to apply thereto. All
record plans shall be exact replicas of the final plan approved by
the College Township Council. Pending completion within a reasonable
time of said planned residential development or of 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 Council in
accordance with provisions specified herein.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All plans submitted for tentative review shall be drawn to a
scale of one inch equals 50 feet or larger and shall contain the following
information:
A.
General data.
(1)
Name of proposed planned residential development within the Planned
Research and Business Park District.
(2)
North
point.
(3)
Graphic
scale and legend describing all symbols shown on the plan.
(4)
Day,
month and year the plan was prepared and/or revised.
(5)
Name
and address of the owner and deed book and page numbers of the deeds
conveying the property to the owner.
(6)
Name
and address of the individual or firm preparing the plan.
(7)
Names
of abutting property owners and their deed book and page numbers.
(8)
Key
map showing the location of the proposed planned residential development
and all roads within 1,000 feet therefrom.
(9)
Centre County tax parcel numbers of all parcels included in the planned
residential development within the Planned Research and Business Park
District.
B.
Existing
features.
(1)
Perimeter
boundaries of the total property, showing bearings to the nearest
minute and distances to the nearest hundredth of a foot.
(2)
Total
acreage of the property and total square feet within each lot of the
development.
(4)
Natural
features.
(a)
Sinkholes, watercourses, tree masses and unique vegetation or natural
features.
(c)
Topographic contour lines at vertical intervals of two feet for land
with average undisturbed slope of 4% or less and at intervals of five
feet for land with average natural slopes exceeding 4%, including
source of topographic data.
(5)
Approximate
location of man-made features in or within 50 feet of the property,
including:
C.
Proposed
development.
(1)
The
approximate location, total ground floor area, total floor area, height
and use of buildings and other structures (all area dimensions shall
be indicated in square feet).
(2)
The
approximate location and area of driveways and parking and loading
areas.
(3)
The
property lines of lots to be subdivided, measured to the nearest foot.
(4)
The
approximate locations of sidewalks and walkways, including widths,
surfacing materials and ramps for the handicapped.
(5)
The
approximate location of utility and drainage easements.
(6)
The
approximate location and pipe diameter of sewer and water mains.
(7)
The
following regional fire protection requirements:
(a)
The applicant shall contact the Water Authority to obtain fire flow
rates for the water system serving the proposed subdivision or land
development. These flow rates shall be provided as a note on the plan
submitted to College Township.
(b)
All plans shall provide the size of all existing and proposed water
lines and fire hydrants in, and adjacent to, the proposed subdivision
or land development.
(c)
The location, construction detail(s) and ownership information of
any water storage system shall be provided in the plan detail sheets.
(Approved design specifications for underground storage tanks may
be obtained from the Centre Region Fire Administrator.)
(d)
Setbacks and/or building separations shall be graphically noted on
all plans.
(e)
Details for all existing and proposed fire apparatus access routes.
(f)
Details for all existing and proposed Fire Department connections
and hydrants.
(g)
The plan shall provide a note indicating if any structure within
the proposed development will have a built-in fire suppression system,
including but not limited to automatic fire sprinkler systems.
(8)
Perimeter
setbacks and required buffer yards
(9)
Street
information, including:
(a)
Location and width of rights-of-way and cartways.
(b)
Proposed street names.
(c)
Approximate road profiles along the center line of each proposed
street, showing finished grade at a scale of one inch equals 50 feet
horizontal and one inch equals five feet vertical.
(d)
Vegetation to be planted between the curb or shoulder and the right-of-way
line.
(10)
A
conceptual landscaping plan indicating the treatment of materials
and landscaping concepts used for private and common open space.
(11)
A
general grading plan showing any major alterations to the topography
of the site.
(12)
A
plan showing the general location and type of all stormwater conveyance
and detention and/or retention facilities designed to serve more than
one lot or to collect stormwater from streets and common areas.
(13)
Property owners' association requirements as set forth in § 180-9A(17) of the College Township Code.
(14)
A transportation impact report pursuant to § 180-9B(18).
E.
Density
calculation.
(1)
A table
shall be included on the plan describing each phase or section with
quantitative data, including the following:
(a)
The total area of the development and of each phase or section.
(b)
The total area devoted to residential uses, the total number of dwelling
units, the number of each type of unit and the total residential floor
area in the development and in each phase or section. Residential
uses include all dwelling units, parking areas for said units and
those lands surrounding the dwelling units not designated as common
open space.
(c)
The number of dwelling units per acre in the development and each
phase or section.
(d)
The area of streets, parking, sidewalks and walkways and the total
area paved and percent of area paved or covered by structures in the
development and each phase or section.
(e)
The total acreage and percent of acreage in common open space in
the development and each phase.
(f)
The total area devoted to planned recreational use throughout the
entire development and in each phase.
(g)
The total area devoted to nonresidential uses and total floor area
of nonresidential buildings in the development and in each phase.
F.
Narrative statement. A written statement, including the following:
(1)
A statement of the ownership of all of the land included within the
planned residential development within the Planned Research and Business
Park District.
(2)
An explanation of the character and intent of the planned residential
development within the Planned Research and Business Park District
and the reasons why the development would be in the public interest
and consistent with the objectives in the Township Comprehensive Plan.
G.
Development schedule. When a planned residential development within
the Planned Research and Business Park District is proposed to be
submitted for final approval in sections or phases over a period of
years, the following shall be included with the application for tentative
approval:
H.
Workforce housing. If any dwellings are voluntarily or required to be designated as workforce housing within a planned residential development within the Planned Research and Business Park District, the requirements of § 180-9C shall be met at time of submittal of the tentative plan.
I.
Fire protection
plan procedures.
(1)
College
Township will provide all subdivision and land development plans,
whether preliminary or final, to the Fire Chief at the time they are
provided to the Centre Regional Planning Agency (CRPA) for review.
The deadline for the review and comment by the Fire Chief shall be
the same as the deadline for review and comment by the College Township
Zoning Administrator and the CRPA. The Fire Chief shall review the
plans for the following fire protection features:
(a)
Fire flow and/or water supply available for firefighting.
(b)
The location and available flow of fire hydrants.
(c)
The location, design and capacity of water storage facilities.
(d)
Fire apparatus access.
(e)
The location of fire lanes, if needed.
(f)
The location of any Fire Department connections provided.
(g)
The presence of any built-in fire suppression systems.
(2)
The
Fire Chief shall provide written comments on the plan to the applicant
and College Township within 10 business days.
(3)
If
any revisions are made to the plan following the Fire Chief's initial
review, the plan will be provided to the Fire Chief three business
days prior to the meeting where the plan will be considered for approval
by the College Township Council.
(4)
The
Fire Chief shall provide written comments on any revised plans to
the applicant and College Township.
A.
Plans submitted for final review shall include all information required in § 87-53 above. Where applicable, the final plan for the development shall meet the plan requirements contained in the following Township ordinance sections, as amended:
B.
Should a developer desire to incorporate a sign(s) at a main entrance to a planned residential development which does not conform to the criteria outlined in Chapter 170, Signs, said sign(s) shall be submitted as part of the application for the planned residential development within the Planned Research and Business Park District. This section is intended to encourage innovativeness, creativity and aesthetic consideration in the development of signs at the main entrances to planned residential developments within the Planned Research and Business Park District only. Should the Council find that the proposed sign(s) does not lend itself to the intents of this section and that said sign should not be included in the planned residential development, then the location and design of the sign(s) will be governed by the criteria stipulated in Chapter 170, Signs.
All record plans shall meet the requirements of Chapter 180, Subdivision and Land Development, as amended, and shall be exact replicas of the final plan approved by the Township Council.
A.
Design and improvements. The design and physical improvements to the property being developed shall be provided by the developer as shown on the approved plan in accordance with the requirements of this article. Unless specifically waived by this article, all planned residential developments must comply with all requirements of Chapter 200, Zoning, Chapter 180, Subdivision and Land Development, Chapter 175, Stormwater Management, and other regulations of College Township.
B.
Location. A planned residential development within the Planned Research and Business Park District may be established in the following districts as designated by Chapter 200, Zoning, on the Official Zoning Map: Planned Research and Business Park District.
C.
Size. A proposed planned residential development must contain no
fewer than 16 dwelling units and no less than 35 acres of total land
area.
D.
Ownership. All land contained in a proposed planned residential development
within the Planned Research and Business Park District must be controlled
by a landowner and be developed as a single entity.
Duplexes, townhomes, and multifamily residences shall be permitted
by conditional use.
A.
In a planned residential development, there may be no minimum area
requirements for individual lots or building sites. However, the following
are the maximum number of dwelling units allowed per gross acre of
the PRD.
|
Duplex
|
16 dwelling units per acre
|
|
Townhome
|
22 dwelling units per acre
|
|
Multifamily
|
36 dwelling units per acre
|
B.
Land devoted to nonresidential uses shall not be included in the
gross planned residential development acreage used to calculate gross
residential density. A minimum of 30% of the land in the development
shall be designated by a plan for nonresidential uses. Land devoted
to nonresidential uses may be deemed to include driveways, parking
areas and yards which primarily service nonresidential uses but may,
for purposes of calculation, include common open space. The total
floor area of all nonresidential uses shall not exceed 30% of the
total floor area of all buildings in a planned residential development.
C.
Council may refuse to allow the maximum density permitted within
each zoning district or may refuse to allow certain permitted nonresidential
uses if the development would:
(1)
Create unsafe vehicle access to the PRD within the PRBD.
(2)
Create traffic which exceeds the level of service of public streets
which adjoin the PRD within the PRBD.
(3)
Plan an excessive burden on utilities, parks, schools or other public
facilities which serve or are proposed to serve the PRD within the
PRBD.
(4)
Adversely affect existing uses on adjacent lands which are different
from the nearby uses in the PRD within the PRBD.
D.
Spacing. Council may allow the reduction in lot size, lot width,
spacing and side and rear yard setback requirements previously required
in the zoning district to promote innovative design, provided that:
(1)
Front yard setback distances (measured from the right-of-way line)
shall be required as follows:
|
Type of Building
|
Local and Collector Streets
|
Arterial Streets
|
|---|---|---|
|
Duplex, Townhouses, and Multifamily Residential
|
30 feet
|
50 feet
|
|
Nonresidential
|
5 feet
|
50 feet
|
(2)
Nonresidential buildings may not be located closer than 50 feet to
residential buildings. This does not apply to multi-story buildings
mixed with both residential and nonresidential uses.
(3)
Spacing may be provided between buildings to ensure privacy and sufficient
light and air. Each development may provide reasonable visual and
acoustical privacy for dwelling units. Fences, insulations, walks,
and landscaping may 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.
(4)
A minimum five-foot-wide sidewalk is required along both sides of
all public streets. A structure may be located further from the street
so long as the sidewalk increases in width.
(5)
Nonresidential uses shall provide a minimum ten-foot-wide sidewalk
along the street.
E.
Height. Development should not exceed the maximum height permitted
in the adjoining residential district. When the building is located
within 120 feet of more than one adjoining zoning district, the height
should not exceed the lowest maximum height allowed in either district.
The Council may allow higher buildings beyond 120 feet from the perimeter
in such a manner so as not to create any adverse impact on adjoining
lands.
F.
Perimeter requirements. The planned residential development within
the Planned Research and Business Park District shall be designed
to avoid adverse influences and impacts on surrounding properties.
(1)
Residential structures located adjacent to the perimeter boundary of the planned residential development may be required to conform to the setback and yard regulations of the adjoining district as described in Chapter 200, Zoning, when necessary to ensure compatibility of land uses.
G.
Block standards.
(1)
All planned development surrounded by public rights-of-way on all
sides should incorporate a block structure in its design.
(2)
Each block may have a maximum perimeter of 1,400 feet measured along
the street right-of-way perimeter.
(3)
On-street parking shall be provided along streets. There shall be
a minimum of 15 spaces per 500 linear feet of street.
(4)
Block faces may exceed 500 feet in length. Block faces that exceed
500 feet shall provide a pedestrian path of not less than 10 feet
wide.
(5)
One block face may be bound by a nonvehicular pedestrian street.
If provided, the pedestrian streets may have a dedicated right-of-way
of no less than 25 feet.
H.
Frontage standards.
(1)
Buildings shall be oriented so that the principal facade addresses
the principal street it faces.
(2)
Surface parking lots are not permitted along street-facing frontages
between the right-of-way/property line and principal building face.
Parking areas can still be street-facing, just not between the building
front and property line.
(3)
Surface parking lots should be screened in accordance with the landscape and buffer requirements in Chapter 200, Zoning.
(4)
Street-facing townhouses shall not be front loaded.
(5)
Outdoor storage, service areas and building utility equipment shall be screened in accordance with Chapter 200, Zoning.
(6)
Prominent sites should be reserved for civic buildings.
A.
A minimum of 30% of the gross area of the planned residential development within the Planned Research and Business Park District shall be devoted to public or common open space. Nonresidential uses noted in § 87-58 are permitted to count toward the 30% open space requirement.
B.
At least 50% of the required public or common open space shall include
open space fronted by public streets on at least two sides.
C.
The Township Council may accept all or part of the common open space
in dedication, provided that:
D.
For purposes of calculating required acreages specified herein, common
open space shall not include land occupied by streets, driveways,
parking spaces and buildings or structures, other than recreational
structures for the use by all residents of the development or by the
public.
E.
All common open space shall be improved for its intended use. Up
to half of the common open space may be left in its natural state
to preserve unique natural features and amenities or to avoid excessive
grading or removal of trees. At least 50% of the common open space
shall be devoted to recreational or leisure-time activities, freely
accessible to residents, property owners and tenants of the planned
residential development within the Planned Research and Business Park
District.
F.
All residents, property owners and tenants of the planned residential
development within the Planned Research and Business Park District
shall have access to the common open space. The common open space
shall be on land owned by a property owners' association or on
privately owned land when an open space easement and access easement
has been granted to the property owners' association.
The environmental design scheme of the planned residential development
within the Planned Research and Business Park District shall be laid
out in such a fashion so that all of the elements listed below are
incorporated into a harmonious and aesthetically pleasing design.
Consideration should be given to the overall character of the community
and its visual effect on the residents of the planned development
as well as the residents of the Township and Centre Region at large.
A.
Existing
trees should be preserved whenever possible. Existing stands of mature
healthy trees, waterways, historic sites, scenic points, views and
vistas and other community assets and landmarks should be preserved.
B.
The planned residential development within the Planned Research and
Business Park District should be designed to minimize grading and
other changes to the natural terrain. All graded slopes should blend
with the surrounding terrain and development.
C.
All landscaping
shall be in conformance with an overall landscaping plan and unifying
concept for the development.
D.
All planned residential developments within the Planned Research and Business Park District shall conform to the regulations contained in Chapter 200, Zoning, concerning floodplain conservation, slope controls, nuisance standards, outdoor storage, waste and sewage disposal, illumination, landscaping, historic properties and temporary uses.
A.
A proposed planned residential development within the Planned Research and Business Park District shall have direct access to a public collector or arterial street. Planned residential developments within the Planned Research and Business Park District which propose multiple lots shall provide direct access from each lot by either a public street or private street designed and constructed in conformance with the appropriate regulations of Chapter 177, Streets and Sidewalks, and Chapter 180, Subdivision and Land Development.
B.
All public streets in the development shall be dedicated to the Township and shall conform to all standards contained in Chapter 180, Subdivision and Land Development, concerning the design of streets.
C.
A system of pedestrian access, in the form of paved sidewalks or interior walkways, shall be provided to allow walking between every use, structure or recreational facility and shall be connected with existing sidewalks and walkways adjacent to the planned residential development. Sidewalks shall be designed in conformance with the construction standards in Chapter 180, Subdivision and Land Development. At the discretion of the Council, interior walkways may be constructed from materials other than those outlined in Chapter 180, Subdivision and Land Development.
D.
Parking shall be provided as required in § 200-38, Off-street parking and loading regulations. All development within a planned residential development within the Planned Research and Business Park District shall provide off-street parking as required in § 200-38, Off-street parking and loading regulations, with the following exceptions:
(1)
If the number of residents residing in a dwelling unit exceeds three unrelated individuals pursuant to § 200-11Z, one off-street parking space shall be required for each bedroom within the dwelling unit. In addition, spillover parking shall also be supplied pursuant to § 200-38C(2)(b).
E.
Motor vehicle access. Every lot within a planned residential development within the Planned Research and Business Park District shall have motor vehicle access to a public street directly or via a private street in accordance with § 200-37, Motor vehicle access, with the following exceptions:
(1)
Setbacks
from property lines. Motor vehicle access via a driveway shall be
set back from side and rear property lines as follows:
(a)
Single-family houses: five feet.
(b)
All other uses: 10 feet.
(c)
Two adjoining property owners may locate their driveways closer to
the lot line, or joined to each other, if the following condition
is met: The two adjoining property owners shall mutually agree to
a driveway setback encroachment and/or common driveway in such form
and manner acceptable for recording in the office of the Recorder
of Deeds of Centre County, Pennsylvania, binding their heirs and assigns
to the easement so created.
(2)
Setbacks
from street intersections. Motor vehicle access via a driveway shall
be set back a distance from intersecting public streets as follows:
(a)
Driveways providing motor vehicle access for uses other than single-family
houses and duplexes shall enter a public street right-of-way at least
100 feet from its intersection with another public street, except
for intersections of two or more arterial streets, in which case the
minimum distance shall be at least 200 feet.
(b)
Driveways providing motor vehicle access for single-family homes
and duplexes shall enter a public street right-of-way at least 50
feet from their intersection with another public street of any classification.
(c)
In all cases cited above, the distance in which access is prohibited
shall be measured from the tangent of the curb return of the intersecting
street cartway to the tangent of the curb return of the driveway,
but shall not include, in measurement, any portion of either curb
return as illustrated below.[1]
[1]
Editor's Note: See illustration in § 145-20E(2)(c).
(3)
If two or more driveways on the same lot enter a public street right-of-way, the distance between the entrances of the driveways shall be at least 50 feet. Distance between driveways shall be measured in the same manner as described in Subsection E(2)(c). The distance between two driveways may be reduced to 10 feet if the following conditions are met:
(a)
The driveways are located on a public street classified as either a local or neighborhood street pursuant to Chapter 177, Streets and Sidewalks.
(b)
Each individual driveway provides vehicle access to no more than
one dwelling unit and its associated off-street parking spaces.
(c)
The total number of driveways permitted on a particular street frontage
regardless of setbacks shall not exceed a number equal to the length
of said street frontage divided by 50.
A.
Sanitary sewage disposal. All buildings in a planned residential development within the Planned Research and Business Park District located in the designated service area of the Centre County Comprehensive Water and Sewer Plan, 1970, as revised, or in any residential zoning district, as designated by Chapter 200, Zoning, shall connect to the public sewer system.
B.
Water supply.
(1)
All planned residential developments within the Planned Research
and Business Park District 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.
(2)
Fire
hydrants shall be installed with the extension of water mains in locations
approved by the Council which assure adequate accessibility of fire
equipment and personnel. Fire hydrants shall be placed in such a manner
that no building so served shall be further than 600 feet from the
hydrant. The Council may, at its discretion, submit copies of the
proposed development plan to the local Fire Chief for review. The
Fire Chief, during the course of his review, shall consider the location
of all fire hydrants and fire lanes as well as any other factors that
may impede adequate fire protection to the residents of the development
and the Township.
Zoning requirements for applicable residential developments
may be reduced, as follows, upon the provision of workforce housing
within a development:
A.
Applicability. The regulations contained herein shall apply upon
the designation of dwelling units as workforce housing and shall be
applicable as follows:
(1)
General. A developer(s) of residential dwelling units shall receive
regulatory relief from zoning and/or subdivision of land regulations
as an incentive for providing workforce housing dwelling units. Such
relief shall be based upon the type and amount of dwelling units designated
as workforce housing in accordance with the regulations contained
in this section.
(2)
Mandatory requirement.
(a)
For those developments where the residential density is five
or more dwelling units per acre, the provision of workforce housing
is required. A development which exceeds this density threshold shall
designate a percentage of its total dwelling units as workforce housing
units in accordance with the minimum levels listed in the table below:
|
Density of Proposed Development (dwellings per acre)
|
Percentage of Required Workforce Housing Units*
|
|---|---|
|
5 to 5.99
|
5%
|
|
6 to 6.99
|
6%
|
|
7 to 7.99
|
7%
|
|
8 to 8.99
|
8%
|
|
9 to 9.99
|
9%
|
|
10 or more
|
10%
|
|
NOTES:
| |
|
*
|
Reflects a percentage of the total number of dwelling units
within a development that are to be designated as workforce housing.
In case of a fraction, the required number of units shall be rounded
to the next highest whole unit.
|
(b)
Developers can exceed the minimum levels of mandatory workforce
housing listed above and shall receive any additional incentives in
accordance with the regulations below.
(c)
Any residential development which proposes 10 or fewer dwelling
units shall be exempt from this mandatory requirement.
(3)
Calculation of density. To determine residential density, the following
shall apply:
(a)
Density of a development containing residential dwelling units
shall be equal to the number of the proposed dwelling units divided
by the gross site area inclusive of proposed rights-of-way or any
other portion of the site to be dedicated to the Township or homeowners'
association.
B.
Incentives. The incentives provided to a residential developer are
on a per-dwelling-unit basis unless otherwise noted within the regulations.
The incentives offered below will differ depending on the type of
dwelling that is being designated as workforce housing.
(1)
Single-family house and duplex. All single-family houses, duplexes
and/or any other structure containing two or fewer dwelling units
in which at least one is designated as workforce housing shall be
permitted to the following regulatory reductions:
(a)
Minimum lot size and density: 5,000 square feet per dwelling
unit or that permitted under existing zoning, whichever is less, with
one exception: In the Single-Family Residential Zoning District (R-1),
only those lots two acres or greater in size can be developed with
multiple duplexes not to exceed a density of seven dwelling units
per acre. This calculation shall be inclusive of all land proposed
for development, including all proposed rights-of-way, parkland/open
space areas, stormwater management facilities, and the like.
(b)
Minimum lot width: 40 feet per unit.
(c)
Maximum impervious coverage: 55%.
(d)
Side setback. The side yard setback for a lot containing workforce
housing dwelling units may be reduced to seven feet. Side yard setbacks
may also be reduced to seven feet for market-rate housing units for
those side yards that directly abut lots containing workforce housing
dwelling units.
(e)
Parkland and open space requirements. The parkland and open space requirements of § 180-26B may be waived for dwelling units designated as workforce housing. Those subdivisions or land developments which thereby reduce the parkland and open space requirements by more than 50% shall only be permitted to do so under the following conditions:
[1]
All workforce housing units within the residential development
will have safe, reasonable access via sidewalks, paths or bike paths
to parkland or open space located within or near the subject residential
development.
[2]
No workforce housing unit shall be more than 1/4 mile from parkland
or open space in or near the subject development as measured between
the two closest points of property lines of the workforce housing
unit and park or open space perimeter.
[3]
For the purposes of this Subsection B(1)(e) of § 87-63, parkland and open space shall be considered as that designated as "existing parks" or "recreation land owned by others" and available for public use. In addition, land owned by the State College Area School District may also be considered as parkland and open space if such land contains recreation facilities that can be used by the public.
(f)
Sidewalk. The amount of sidewalks required pursuant to § 180-16.1 may be reduced in an amount equal to the total street frontage of all lots containing dwelling units defined as workforce housing units pursuant to the following [NOTE: See also §§ 180-16, Streets, and 180-16.1, Sidewalks.]:
[1]
The reduction may take place anywhere within the subdivision
or land development containing workforce housing units.
[2]
Any collector or arterial streets within the residential development
should have a sidewalk on both sides of the street. All other streets
(public or private) shall have a sidewalk on at least one side of
the street.
[3]
Sidewalks shall provide access to any parkland, open space or
school within or adjacent to the development.
[4]
In instances where a development of single-family houses and/or
duplexes developed with multiple dwellings on a single lot contains
workforce housing units, the reduction in sidewalks shall be calculated
as follows:
[a]
The reduction in required sidewalk may be in an
equal proportion to the percentage of the total proposed dwelling
units which are designated as workforce housing.
[b]
Regardless of the amount of sidewalk permitted to be reduced as calculated above, a sidewalk shall be provided along an adjacent public street as noted above in § 87-63B(1)(f)[2] and [3].
[5]
The sidewalk reduction is not guaranteed upon the provision of workforce housing. Approval of such reduction by Council will be based upon ability to meet the conditions set forth § 87-63B(1)(f)[2] and [3].
(g)
Additional bonus. The reduced lot requirements noted in § 87-63B(1)(a) through (e) above may also be applied to market-rate housing units in addition to that of the designated workforce housing units based on the following ratios or fractions thereof rounded to the nearest whole number:
[1]
For every two workforce housing units which are affordable to those households with incomes between 80% to 100% of AMI, one market-rate housing unit shall be permitted to have similar lot requirements noted above in § 87-63B(1)(a) through (e).
[2]
For every one workforce housing unit which is affordable to those households making less than or equal to 80% of AMI, one market-rate housing unit shall be permitted to have similar requirements noted above in § 87-63B(1)(a) through (e).
(h)
Accessory dwellings. Single-family houses designated as workforce housing may be permitted to contain accessory dwellings pursuant to § 200-11A(1). If the accessory dwelling unit is to be rented, then the anticipated income from renting the accessory dwelling unit shall be included in calculating a household's total income when certifying income of potential buyers of a workforce housing unit.
(2)
Townhouse and multifamily units. All townhouses, multifamily units
and/or any other structures containing three or more dwelling units
in which some or all are designated as workforce housing units shall
be permitted the following regulatory reductions:
(a)
Maximum impervious coverage. The maximum impervious coverage
for a development containing workforce housing units may be increased
above that permitted in the zoning district by an amount equal to
the total gross floor area of those units designated as workforce
housing units. However, in no instance shall the impervious coverage
exceed 55%, regardless of the number of workforce housing units.
(b)
Parkland and open space requirement. The parkland and open space requirements of § 180-26B shall be waived for all townhouse and multifamily dwelling units designated as workforce housing. Those subdivisions or land developments which thereby could reduce the parkland and open space requirements by more than 50% shall only be permitted to do so in the same manner as that allowed for single-family houses and duplexes as noted in § 87-63B(1)(e).
(c)
Occupancy limit. The occupancy of unrelated individuals as established in § 200-11Z may be increased from three to five individuals as follows:
[1]
For each unit designated as workforce housing, one unit in the
development may be permitted to have up to five unrelated individuals
residing within it.
[2]
The unit which is permitted to have the increased occupancy,
as noted above, does not have to be designated as workforce housing
and can be located anywhere within the residential development containing
the workforce housing.
(d)
Permitted height. The permitted height of a building may be
increased by 10 feet above that permitted in the zoning district regulations
if the building contains either two dwelling units or 10% of the total
dwelling units, whichever is greater, that are designated as workforce
housing.
(3)
Planned residential developments. The workforce housing regulations herein are also applicable to planned residential developments as permitted in Chapter 145, Planned Residential Development, with the following incentives:
(a)
Maximum building coverage. The total ground floor area of all
buildings and structures shall be permitted to exceed 30% of the total
land area of the planned residential development in a manner equal
to an increase of coverage by 1% for every 1% of total number of dwelling
units which are designated as workforce housing. However, regardless
of the number of dwellings designated as workforce housing, the total
building coverage shall not exceed 40% of the total land area of a
planned residential development.
(b)
Maximum total impervious coverage. The maximum impervious surfaces
shall be permitted to exceed 50% of the total area of the planned
residential development in a manner equal to an increase of impervious
coverage by 1% for every 1% of the total number of dwelling units
which are designated as workforce housing. However, regardless of
the number of dwellings designated as workforce housing, the total
impervious coverage shall not exceed 60% of the total planned residential
development.
(c)
Open space. The minimum amount of open space required in § 87-59A may be decreased below 30% of the total area of the planned residential development in a manner equal to a decrease of 1% for every 1% of the total number of dwelling units which are designated as workforce housing. However, regardless of the number of dwellings designated as workforce housing, the total open space required may not be decreased beyond 20% of the total area of the planned residential development.
(d)
Additional bonus. The maximum amount of land devoted to nonresidential
uses within a planned residential development shall be permitted to
exceed 20% in a manner equal to an increase in nonresidential land
by 1% for every 1% of the total number of dwelling units which are
designated as workforce housing for households earning less than 80%
of the area median income. However, regardless of the number of dwellings
designated as such, the maximum area of land devoted to nonresidential
uses shall not exceed 30%.
C.
Provision of workforce housing. All workforce housing units proposed
in a land development and/or subdivision are required to be built
on a site covered by such plan unless one of the following options
enumerated below is utilized. In such instances, the developer shall
continue to retain the incentives applied to on-site development for
the number of workforce housing units being provided for under the
options listed below:
(1)
Fee in lieu. An applicant may pay a fee in lieu of constructing some
or all of the workforce housing units which it is receiving incentives
for given the following regulations:
(a)
College Township Council shall establish by resolution the amount
of the fee-in-lieu payment per unit, which shall be based on actual
construction costs and inclusion of land purchase costs.
(b)
To determine the total fee-in-lieu payment, the per-unit amount
established by the Township shall be multiplied by the number of workforce
housing units otherwise required to be constructed or as desired by
the developer to be eligible for the incentives.
(c)
The Township shall be required to establish and administer a
workforce housing fund into which all fee-in-lieu payments shall be
deposited. The Township shall then be required to use such funds to
further its mission of providing workforce housing as defined herein.
(2)
Land donation. Land within College Township may be donated to the
Township or its designee in place of workforce housing dwelling units
being built within a proposed development pursuant to the following:
(a)
The value of the land must be equal to or greater than the value of the fee-in-lieu payment noted above in Subsection C(1), to be calculated as follows:
[1]
The value of the land will be determined by an appraisal completed
by a certified appraiser. Each party (developer and the Township)
shall submit an appraisal.
[2]
If the lower appraised value is 90% or greater of the other
appraisal, the two appraised values shall be averaged.
[3]
If the lower appraisal value is less than 90% of the other appraisal,
then each appraiser shall, within 15 days of notice from the Township,
agree on a third appraiser, the cost of which is to be shared equally
by the Township and the developer. Within 30 days of notice of his
appointment, the third appraiser shall submit an appraisal. The middle
of the three appraised values shall be used to determine the value
of the land to be donated.
[4]
If both the Township and the developer agree, the requirement
for the appraisal process above in whole or in part may be waived
upon mutual agreement between the Township and the developer.
(b)
The land to be donated must meet all applicable zoning, land
development and subdivision requirements to construct the desired
type and amount of units.
(3)
Off-site development (new dwellings). Workforce housing units otherwise
required to be constructed or as desired by the developer to be eligible
for the incentives listed above may be constructed off-site given
the following regulations:
(a)
Location. The dwelling units to be utilized to satisfy the workforce
provisions shall be located within College Township.
(b)
Number of. The total number of units provided off-site shall
be equal to those which would have been provided on-site.
(c)
Approval. The applicant must obtain off-site development plan
approval from the Township at the same time the applicant obtains
plan approval for the proposed market-rate units within the covered
development. The off-site development plan must include, among other
land development plan requirements, documentation of site control,
necessary financing in place to complete the off-site development,
architectural designs and elevations, and any other documentation
deemed necessary by the Township to ensure compliance with the regulations
contained herein.
(4)
Existing dwellings. A developer may designate dwelling units which have already been constructed as workforce housing units to meet his obligation (whether voluntary or mandatory) to obtain the incentives listed in § 87-63B for a particular development. Such off-site, existing dwelling units shall meet the regulations listed above in § 87-63C(3) and the following additional regulations:
(a)
The units must be inspected and rehabilitated to meet current
building codes.
(b)
The proposed dwellings to be designated as workforce housing
units shall be considered market-rate units. Utilizing this provision
shall result in the conversion of market-rate dwellings to income-restricted
workforce housing dwelling units.
(5)
Credits for existing workforce housing. A developer of a new development
may be given credit for previously built dwelling units which could
be defined as workforce housing given the following regulations:
(a)
The existing dwelling units in which a developer is seeking
credit shall not have previously been created or in any way developed
utilizing the regulatory relief provided herein.
(b)
The developer shall only receive credit in whole or in part to relieve him of the mandatory obligation of providing workforce housing units as stipulated in § 87-63A(2). If the number of dwelling units being credited toward a developer's mandatory obligation is less than that required under § 87-63A(2), then the developer shall be required to provide workforce housing units equal to the difference of the credit and the mandatory requirement.
(c)
In order for a previously built dwelling unit(s) to be credited
towards a development's workforce housing obligation, each credited
unit must:
[1]
Have received its certificate of occupancy no more than five
years prior to the date of the developer's submission of the
new subdivision or land development plan; and
D.
Supplemental workforce housing regulations. In addition to the regulations
above, all workforce housing units shall have the following requirements:
(1)
Amenities. Workforce housing units may differ from the market-rate
units in a development with regard to interior amenities and gross
floor area, provided that:
(2)
Timing of construction. Workforce housing units shall be made available
for occupancy at approximately the same rate as the market-rate units,
except that certificates of occupancy for the last 15% of the market-rate
units shall be withheld until certificates of occupancy have been
issued for all of the workforce units.
(3)
Cost offsets. The Township may discount or defer municipal fees associated
with the approval process of a subdivision/land development. Any developer
of workforce units may submit a request for a discount or deferment
of fees. The request must also contain information detailing how real
costs will be reduced and how the savings will be passed on to the
workforce housing units. The Township Council's decision on a
discount or deferment of municipal fees will be based upon Council
determining that such savings will be appropriate and directly proportionate
to the reduction in unit sales or rental costs. The Township shall
review the request and provide an answer to the developer within 30
days of receipt of the request.
(4)
Certification of buyers. Prior to executing a purchase contract for
any workforce unit, the prospective workforce unit buyer shall be
certified as meeting income requirements for the specified unit by
the Township or its designee. Developers and workforce housing unit
buyers may execute only purchase agreements that are approved as to
form by the Township or its designee. The purchase agreement shall
include language attached as an addendum provided by the Township
or its designee which shall require that an appropriate disclosure
form be provided to and explained to the workforce housing unit buyer
prior to execution of the contract. The disclosure form shall explain
any deed restrictions, restrictive covenants, and/or liens that are
placed on the workforce housing unit to ensure long-term affordability.
(5)
Certification of renters. Prior to renting a workforce unit, the
prospective renter shall be certified as meeting income requirements
by the Township or its designee. The following limitations shall apply
to the certification of renters:
(6)
Ensuring affordability. To ensure that any unit created under this
section (rented or owner-occupied) remains affordable over time, the
owner of said unit(s) shall be required to maintain affordability
based upon a legally binding agreement with either the Township or
its designee, to be recorded at the Centre County Recorder of Deeds.
Said agreement shall include:
(a)
The period for which the units shall remain affordable, which
at a minimum should be at least 30 years from the date of initial
occupancy of a workforce housing unit;
(b)
The process for certifying subsequent buyers of workforce housing
dwelling units for the duration of the specified period of affordability;
(c)
The level of affordability, including the amount of equity able
to be recouped by the homeowner or owner of a rental property containing
workforce housing units upon sale of the property; and
(d)
A provision allowing the Township or its designee to first be offered the right to purchase a workforce housing unit prior to selling said unit without income restrictions if such sale is to occur after the affordability period noted above in § 87-63D(6)(a) with the following stipulations:
[1]
The resale price which the Township or its designee shall pay the owner of the workforce housing unit(s) shall be no less than that calculated in § 87-63D(10) below.
[2]
The Township or its designee shall be given a period of 90 days
to execute a purchase agreement for said unit(s).
[3]
Upon reaching the end of the ninety-day resale period or upon
notice by the municipality or its designee that there is no interest
in the workforce housing unit, the owner will be free to sell the
unit.
(7)
Calculation of rental prices. Workforce housing units which are to be rented shall have a rental price which is affordable to households which earn 65% or less of the area median income, with the exception of those housing units which have a rent-to-own option pursuant to § 87-63D(12). Affordability shall be determined as monthly housing expenses being no greater than 30% of the household gross monthly income based upon household size assumptions noted in § 87-63D(11). 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.
(8)
Rental price increases. Annual rent increases shall be limited to
the percentage increase in the median household income within the
State College metropolitan statistical area.
(9)
Calculation of sales prices. Workforce housing units which are to
be sold shall have a sale price which is affordable to households
which earn 100% or less of the area median income. Affordability shall
be determined as monthly housing expenses being no greater than 30%
of the household gross monthly income based upon household size assumptions.
Monthly housing expenses shall be calculated as the sum total of the
principal and interest of the mortgage plus all property taxes, homeowners'
insurance, homeowners' association fees, and any other fees approved
for inclusion by the Township.
(10)
Resale value of workforce housing units. The resale value of a workforce housing unit(s) during the affordability period stipulated in § 87-63D(6)(a) shall be limited to the lowest of:
(a)
The purchase price plus an increase based on the percentage
increase in the Consumer Price Index for the State College metropolitan
statistical area (MSA) for all urban consumers since the date of previous
purchase; or
(b)
The purchase price plus an increase, based on the percentage
increase in the area median income since the date of purchase; or
(c)
The purchase price plus an increase, based upon the compound
average growth rate of Centre Region average house sale prices since
the date of purchase; or
(d)
The fair market value.
(11)
Household size assumption. In calculating rent or sales price
of a workforce housing unit, the following maximum relationship between
unit size and assumed household size to determine income affordability
shall apply:
(12)
Rent to own. Workforce housing units which are part of a rent-to-own
program may be rented to households who earn more than 65%, but less
than 100%, of the AMI subject to the following:
(a)
The minimum duration of the initial term of a lease for renting
the workforce housing unit shall be for no less than an initial 18
months followed by the ability to be annually renewed. In addition,
the duration of the lease may be shortened upon the tenant entering
into an option to purchase the workforce housing unit.
(b)
The owner of the workforce housing unit(s) must also enter into
an agreement with the tenant of the rent-to-own unit which will specify
the terms of the program.
(c)
The rent-to-own agreement between the owner and the renter of
the workforce housing unit shall include provisions for a percentage
of the rent to be set aside and utilized towards the purchase of the
unit by the renter.
(d)
The rent-to-own agreement shall be provided to the Township
for review to determine if the rent-to-own terms will lead to an acceptable
number of renters succeeding in obtaining ownership of the workforce
housing unit.
E.
Administration. College Township and/or its designee shall ensure compliance with all regulations contained herein and/or Chapter 180, Subdivision and Land Development, and Chapter 200, Zoning. The developer shall draft and submit for approval a legally binding agreement which states the responsibilities of all entities involved with the ongoing administration and marketing of, and compliance with, this article upon approval of a development containing workforce housing units. College Township shall reserve the right to designate another legal entity for the purpose of administrative needs of this section of who should be a party in all legally binding agreements required in this section.
A.
Fees. The Council may establish, by resolution, a schedule of fees
and a collection procedure for review and inspection of all applications
for approval of a planned residential development plan within the
Planned Research and Business Park District.
B.
Zoning permit. In a planned residential development within the Planned Research and Business Park District, a zoning permit shall be required prior to the erection, extension or alteration of any structure and prior to the use or change in use of a structure or land, as required by Chapter 200, Zoning, including § 200-50, Residential site plan review.
C.
Occupancy permit. Upon completion of the erection, extension or alteration of a structure in a planned residential development within the Planned Research and Business Park District for which a zoning permit was issued, the applicant shall apply for an occupancy permit, as required by Chapter 200, Zoning.
No changes, including changes in use, bulk and location of structures,
quantity and location of open space and density of residential uses,
shall be made in the approved final plan, except upon application
to the Township under the procedures set forth in this article. Any
person, partnership or corporation who or which, being the owner or
agent of any lot, tract or parcel of land, shall lay out, construct,
open or dedicate any street, sanitary sewer, stormwater sewer, water
main or other improvements for public use, travel or other purposes
or for the common use of occupants of buildings abutting thereon or
who sells, transfers or agrees or enters into an agreement to sell
any land in a planned residential development within the Planned Research
and Business Park District, whether by reference to or by other use
of a plan of such development, or erect any building thereon, unless
and until a plan has been prepared and approved in full compliance
with the provisions of this article, shall be subject to those penalties
prescribed by Sections 515 and 616 of the Pennsylvania Municipalities
Planning Code, as amended,[1] which penalties provide for the imposition of fines and
other penalties.
[1]
Editor's Note: See 53 P.S. §§ 10515.1
et seq. and 10616.1.
A.
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the planned residential development within
the Planned Research and Business Park District fail to maintain the
common open space in reasonable order and condition in accordance
with the development plan, the Township may serve written notice upon
such organization or upon the residents of the planned residential
development within the Planned Research and Business Park District,
setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be corrected
within 30 days thereof and shall state the date and place of a hearing
thereon, which shall be held within 14 days of the notice. At such
hearing, the Township may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the planned residential
development and to prevent the common open space from becoming a public
nuisance, may enter upon said common open space and maintain the same
for a period of one year. Said maintenance by the Township shall not
constitute a taking of said common open space nor vest in the public
any rights to use the same. Before the expiration of said year, the
Township shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organization, or to the
residents of the planned residential development, to be held by the
Council or its designated agency, at which hearing such organization
or the residents of the planned residential development within the
Planned Research and Business Park District shall show cause why such
maintenance by the Township shall not, at the option of the Township,
continue for a succeeding year. If the Council or its designated agency
shall determine that such organization is ready and able to maintain
said common open space in reasonable condition, the Township shall
cease to maintain said common open space at the end of said year.
If the Council or its designated agency shall determine that such
organization is not ready and able to maintain said common open space
in a reasonable condition, the Township may, at its discretion, continue
to maintain said common open space during the next succeeding year
and, subject to a similar hearing and determination, in each year
thereafter. The decision of the Council or its designated agency shall
be subject to appeal to court in the same manner and within the same
time limitation as is provided for zoning appeals by the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The cost of such maintenance by the Township shall be assessed ratably
against the properties within the planned residential development
within the Planned Research and Business Park District that have a
right of enjoyment of the common open space and shall become a lien
on said properties. The Township, at the time of entering upon said
common open space for the purpose of maintenance, shall file a notice
of lien in the office of the prothonotary of Centre County upon the
properties affected by the lien within the planned residential development.
