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Township of Lower Allen, PA
Cumberland County
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Table of Contents
Table of Contents
The TND Overlay District is primarily intended to:
A. 
Encourage new development to occur in a manner consistent with traditional patterns and scale of development, and mix of uses, that occurred prior to newer suburban development patterns;
B. 
Promote a mix of diverse but compatible types of neighborhood development;
C. 
Avoid development that could cause inefficient patterns of development;
D. 
Encourage a blend of recreation areas and a mix of housing at a medium density to serve various age groups and types of housing;
E. 
Provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts with vehicles backing out of garages across sidewalks;
F. 
Encourage persons to work, shop, attend religious services and enjoy recreation in the neighborhood within which they live;
G. 
Encourage the creation of a sense of place and a community spirit that promotes social interaction and volunteerism;
H. 
Service the purposes that are provided in the Pennsylvania Municipalities Planning Code,[1] as amended, for traditional neighborhood development;
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
I. 
Promote the goals and objectives of the Lower Allen Township Comprehensive Plan Update, 2006, as amended;
J. 
Make efficient use of available public water and sewer services and other infrastructure; and
K. 
Avoid excessive improvement costs and future Township maintenance costs for each new home by minimizing the amount of street and utility length and width per home.
A. 
The Traditional Neighborhood Development (TND) Overlay District applies to R-1 Single-Family Established Residential, R-2 Single-Family Rural Residential, and R-3 Multifamily Residential Zoning Districts.
B. 
Except as provided for in Subsection C, a TND development is a conditional use in the R-1, R-2 and R-3 Zoning Districts.
C. 
A TND development is permitted by right in the R-1, R-2 and R-3 Zoning Districts, provided that:
(1) 
At least 50% of the TND is located within an opportunity site as identified in the Township's Comprehensive Plan Update, 2006, as amended; and
(2) 
The TND provides direct access onto at least one road that is owned or maintained by the Commonwealth of Pennsylvania; and
(3) 
The TND does not include outside of the core neighborhood any of the nonresidential uses listed in § 220-124A(20).
D. 
For the purposes of this Article XVI, the words "parcel" or "lot," whether singular or plural, shall encompass planned community units under the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., as amended, and condominium units under the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended, and the lot area, lot width and yard standards of this Article XVI shall apply to each such planned community unit or condominium unit as if each unit constituted a parcel or lot. Planned community units and condominium units that do not encompass any ground areas outside of the walls of a building shall not be deemed to be a parcel or lot.
[Amended 8-26-2013 by Ord. No. 2013-05]
E. 
For purposes of this Article XVI, the following articles specifically apply to TNDs:
[Added 7-27-2015 by Ord. No. 2015-03[1]]
(1) 
Article I, General Provisions;
(2) 
Article II, Terminology;
(3) 
Article III, Designation of Districts;
(4) 
Article XVIII, Use Standards, excluding §§ 220-150 and 220-170;
(5) 
Article XIX, Performance Standards, excluding § 220-193A(1), §§ 220-199 through § 220-200, § 220-201A(4), § 220-201C and §§ 220-202 through 220-204;
(6) 
Article XX, General Standards, excluding §§ 220-212 through 220-213, §§ 220-214B and 220-215B(1);
(7) 
Article XXI, Nonconforming Buildings, Structures and Uses;
(8) 
Article XXII, Airport Hazard Zoning Provisions;
(9) 
Article XXIII, Groundwater Nonuse Overlay District;
(10) 
Article XXIV, Off-Street Parking;
(11) 
Article XXVI, Amendments;
(12) 
Article XXVII, Administration and Enforcement; and
(13) 
Article XXVIII, Floodplain Districts.
[1]
Editor's Note: This ordinance also redesignated former Subsection E as Subsection F.
F. 
In addition to any standard, provision or requirement outside of Article XVI that is specifically referenced in Article XVI, the standards, provisions and requirements of Article XVI shall be the only standards, provisions and requirements of the Zoning Ordinance that apply to TNDs.
A. 
A minimum gross land area of 50 acres is required for a TND development.
B. 
A TND development shall include at least one core neighborhood. A TND may require more than one core neighborhood in order to comply with Subsection D.
C. 
Each parcel containing a dwelling unit shall be within a walking distance of 1,000 feet from either public recreation land or common open space.
D. 
Each parcel containing a dwelling unit shall be within a walking distance of 2,000 feet from the core neighborhood.
E. 
Each core neighborhood shall consist of a minimum of 10% of the overall TND gross land area. The core neighborhood, or the combined areas of all core neighborhoods if the TND includes more than one core neighborhood, shall consist of a maximum of 40% of the overall TND gross land area.
F. 
A minimum of 15% of the sum total of acreage required to satisfy recreation requirements or common open space requirements must be located within the core neighborhoods. This must include an area designed as a central public space.
[Amended 8-26-2013 by Ord. No. 2013-05]
A. 
All proposed development within any TND shall be served by public water and public sewer.
B. 
A TND development shall provide at least one, full-turning-movement street that directly connects to a major collector road or a minor arterial road, as identified in the Township Comprehensive Plan Update, 2006, as amended. Primary access from a TND to an existing local road or a minor Township road, as identified in the Township Comprehensive Plan Update, 2006, as amended, shall not be permitted. For the purposes of this § 220-121, "primary access" means any street of a TND that is intended and designed to accommodate more than 50% of the trips generated by the TND.
C. 
Where primary access to a TND is via a major collector road, the primary route of travel from the TND to a principal arterial shall be identified. Upon completion of the proposed TND, this primary route of travel shall not contain deficiencies identified in the Township Comprehensive Plan Update, 2006, as amended. Existing deficiencies may be mitigated with proposed improvements included in the Overall Master Plan.
D. 
Access to single-family detached, side-by-side twin and townhouse dwelling unit lots is permitted only from new or existing minor Township or local streets or alleys. Access for all other permitted uses is permitted from new or existing minor Township, local or major collector streets.
A. 
Except as provided in § 220-119C, applicant shall submit a conditional use (CU) application for any proposed TND.
B. 
The CU application shall be processed in accordance with § 220-266.1 of this chapter.
C. 
In addition to the requirements of § 220-266.1, the applicant shall:
(1) 
Demonstrate conformance with the goals and objectives of the Lower Allen Township Comprehensive Plan Update, 2006, as amended;
(2) 
Provide a traffic impact study showing the impacts of the proposed development, and proposed measures to mitigate those impacts; and
(3) 
Demonstrate that the proposed development will be adequately served by public safety services and public utilities.
A. 
Applicant shall submit an Overall Master Plan (OMP) with the conditional use application required under § 220-119. If a CU application is not required pursuant to § 220-119C, then all of the information required in § 220-123 shall be submitted with an application for a preliminary subdivision or land development plan for the TND.
B. 
The OMP shall:
(1) 
Show existing features, including but not limited to. roads; bridges; culverts; railroads; rights-of-way; easements; utilities; and pipelines; and the proposed changes to these features.
(2) 
Show areas and percentage of total land area designated for public recreation land;
(3) 
Show areas and percentage of total land area designated for common open space;
(4) 
Show areas designated for stormwater management facilities;
(5) 
Show the designated core neighborhood;
(6) 
Show the general layout of streets, alleys, sidewalks and trails. This shall include traffic circulation diagrams demonstrating adequate access for emergency and routine service vehicles to all areas of the proposed TND;
(7) 
Show in general terms how the TND will be served by utility and transportation services;
(8) 
Provide an assessment of the impact of the TND on applicable public school systems;
(9) 
Include documentation showing proposed plan for ownership and perpetual maintenance and protection of common open space;
(10) 
Include typical design details for streets, alleys, sidewalks, trails, public recreation facilities and common open space facilities.
C. 
The OMP shall include a phasing plan and schedule for implementation of the TND. The schedule shall be developed to show:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
The square footage of nonresidential uses that are to be constructed before 50% of the residential units outside the core neighborhood are constructed.
(2) 
The percentage of residential units outside the core neighborhood that are to be constructed before 25% of the square footage of the nonresidential uses in the core neighborhood is constructed.
(3) 
The square footage of nonresidential uses in the core neighborhood that are to be constructed before 75% of the residential units outside the core neighborhood are constructed.
(4) 
The percentage of residential units outside the core neighborhood that are to be constructed before 75% of the square footage of the nonresidential uses in the core neighborhood is constructed.
D. 
Architectural standards and guidelines.
(1) 
The OMP submitted with the conditional use application, preliminary subdivision plan or preliminary land development plan shall include a set of proposed architectural standards and guidelines (ASG), to be applied consistently throughout the entire TND.
(2) 
The ASG shall, at a minimum, address the following:
(a) 
Architectural guidelines.
[Amended 8-26-2013 by Ord. No. 2013-05]
(b) 
Building materials, proportions, massing and detailing.
(c) 
Roof style and pitches.
(d) 
Window and door type, size and location.
(e) 
Front porch type, size and location.
A. 
The following uses shall be permitted by right, provided that, if conditional use (CU) approval is required under § 220-119, such approval is granted; and the proposed uses are consistent with the Overall Master Plan:
(1) 
Single-family detached dwellings.
(2) 
Side-by-side twin dwellings and two-family attached dwellings.
[Amended 8-26-2013 by Ord. No. 2013-05]
(3) 
Townhouses, in accordance with § 220-35.
(4) 
Places of worship, including: one accessory residential dwelling unit per each place of worship, and one accessory preschool use per each place or worship.
(5) 
Libraries.
(6) 
Schools, from preschool through grade 12.
(7) 
Family care facility.
(8) 
Family day care facility in accordance with § 220-162.
(9) 
Home occupations in accordance with § 220-165.
(10) 
Multifamily dwellings.
(11) 
Accessory dwellings, in accordance with § 220-149.
(12) 
Accessory uses and structures on the same lot with and customarily incidental to any of the permitted uses.
[Amended 7-27-2015 by Ord. No. 2015-03]
(13) 
Publicly owned recreation uses and open space; recreation uses and open space owned by a property owners' association.
(14) 
Nature preserves.
(15) 
Municipal facilities.
(16) 
Signs, in accordance with § 220-132.2.
[Amended 7-27-2015 by Ord. No. 2015-03]
(17) 
Live-work units, only permitted within the core neighborhood, unless such specific uses are identified on the OMP and approved as part of the conditional use approval, preliminary subdivision plan approval or preliminary land development plan approval..
(18) 
Farms and farm related occupations, with a maximum size of 20 acres.
(19) 
Utility facilities, where operation requirements necessitate location within the district, in accordance with § 220-180. Any utility-related structure must be in compliance with the architectural standards and guidelines approved for the TND.
(20) 
Additional nonresidential uses in the NAICS shall be permitted as follows:
[Amended 8-26-2013 by Ord. No. 2013-05]
NAICS No.
Category
22
Utilities
44-45*
Retail trade, excluding Industries 4411 (Automobile Dealers) and 4412 (Other Motor Vehicle Dealers), and excluding sexually oriented business as defined by Chapter 59 of the Code of the Township of Lower Allen. Refer to said chapter for sexually oriented business regulations.
485
Transit and Ground Passenger Transportation
491
Postal Service
492
Couriers and Messengers
51
Information
52
Finance and Insurance
53
Real Estate and Rental and Leasing, excluding Industries 53113 (Lessors of Miniwarehouses and Self-Storage Units); 5321 (Automotive Equipment Rental and Leasing); and 5324 (Commercial and Industrial Machinery and Equipment Rental and Leasing)
54
Professional, Scientific and Technical Services
55
Management of Companies and Enterprises
56
Administration and Support and Waste Management and Remediation Services, except Industry 5617 (Services to Buildings and Dwellings); and Subsector 562, Waste Management and Remediation Services
6116
Other Schools and Instruction
621
Ambulatory Health Care Services
6231
Nursing Care Facilities
6233
Community Care Facilities for the Elderly
624
Social Assistance
71
Arts, Entertainment and Recreation
721191
Bed-and-Breakfast Inns
722
Food Services and Drinking Places, excluding drive-through facilities
81
Other Services (Except Public Administration), except Industries 8113 (Commercial and Industrial Machinery and Equipment Repair and Maintenance, except Automotive and Electronic) and 812332 (Industrial Launderers)
92
Public Administration, except Industry 92214 (Correctional Institutions)
B. 
The nonresidential uses listed in § 220-124A(20) shall only be permitted within the core neighborhood, unless such specific uses are identified on the OMP and approved as part of the conditional use approval.
A. 
Maximum building height for principal buildings: 40 feet, except that buildings containing multifamily dwellings and/or live-work units may have a maximum building height of 50 feet.
B. 
Maximum building height for accessory buildings: 25 feet.
A. 
Maximum density for a TND shall be determined as follows:
(1) 
Determine land area of the overall TND site after deleting; existing rights-of-way of existing streets and railroads, and lands continuously covered with water.
(2) 
Multiply the resulting acreage by four dwelling units per acre to result in the number of permitted dwelling units within the residential sections of the TND.
B. 
The maximum residential density may be increased by one additional dwelling unit per acre for each of the following incentives, but in no case shall the maximum residential density be greater than eight dwelling units per acre:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
The maximum residential density may be increased by one additional dwelling unit per acre if more than 125% of the open space required by this article is provided, or by two additional dwelling units per acre if more than 150% of the open space required by this article is provided.
(2) 
The maximum residential density may be increased by one additional dwelling unit per acre if more than 125% of the recreation requirements of Chapter 192, Subdivision and Land Development, is provided, or by two additional dwelling units per acre if more than 150% of the recreation requirements of Chapter 192, Subdivision and Land Development, is provided.
(3) 
In no case shall the maximum residential density be greater than eight dwelling units per acre.
C. 
For purposes of calculating residential density, live-work units in a core neighborhood and any other dwelling unit located above a nonresidential use in a core neighborhood shall count as 0.5 dwelling unit.
A. 
Lot area and width:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
For single-family detached dwellings:
(a) 
The minimum lot area shall be 4,000 square feet.
(b) 
The minimum lot width shall be 40 feet.
(2) 
For side-by-side twin dwellings and two-family attached dwellings:
(a) 
The minimum lot area shall be 4,000 square feet.
(b) 
The minimum lot width shall be 30 feet.
(3) 
For townhouse dwelling units:
(a) 
The minimum lot area shall be 1,560 square feet.
(b) 
The minimum lot width and dwelling unit width at the front of the enclosed dwelling unit shall be 20 feet.
(4) 
For all other permitted uses:
(a) 
There shall be no minimum lot area. Lot area shall be based on required setbacks, impervious coverage, parking, environmental limitations and other applicable criteria.
(b) 
The minimum lot width shall be not less than 50 feet at the dedicated right-of-way line, and not less than 100 feet at the building setback line.
B. 
Location of residential units:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
A maximum of 15% of residential units that are shown on the OMP as being located outside of core neighborhoods may be structures comprised of multifamily residential units.
(2) 
A maximum of 10% of residential units may be live-work units, designed to accommodate one residential unit and one business use within a single unit. The total gross floor area of a live-work unit may not exceed 5,000 square feet.
(3) 
A maximum of 5% of residential uses may be accessory dwelling units, located on the same lot with a primary single-family dwelling unit. On each side of the street in any block, the number of accessory dwelling units shall not exceed 10% of the total number of principal dwelling units.
C. 
A minimum of 40% and a maximum of 85% of residential units shall be single-family detached dwellings.
[Amended 8-26-2013 by Ord. No. 2013-05]
D. 
Residential yards. Yards shall be provided as follows:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
For single-family detached, side-by-side twin, two-family attached and townhouse dwellings:
(a) 
Minimum front yard depth for principal building space: five feet.
(b) 
Maximum front yard depth: 25 feet.
(c) 
Minimum rear yard depth for principal building: 25 feet, or five feet if the building is served by rear alley access.
[Amended 7-27-2015 by Ord. No. 2015-03]
(d) 
Attached or detached garages shall not be located closer to the front property line than any other portion of the dwelling that it serves. A minimum of 10% of attached or detached garages shall have a front yard setback that is at least five feet greater than the dwelling that it serves.
(2) 
For single-family detached and two-family attached dwellings:
(a) 
Minimum side yards shall total no less than 10 feet, with no one side less than five feet, in width. On a corner lot, two side yards shall be provided along the interior lot lines.
(3) 
For side-by-side twin dwellings:
(a) 
One side yard shall be provided, with a minimum width of five feet.
(4) 
For townhouse dwellings:
(a) 
No side yard shall be required for interior units, and an alley, easement or other right of pedestrian access to the rear yard shall be provided.
(b) 
For each end unit, one side yard shall be provided, with a minimum width of eight feet.
(5) 
For multifamily dwellings:
(a) 
Minimum front yard depth for principal building: five feet.
(b) 
Minimum rear yard depth for principal building: 25 feet.
(6) 
For live/work units:
[Added 7-27-2015 by Ord. No. 2015-03[1]]
(a) 
Minimum rear yard depth for principal building: five feet, if the building is served by rear alley access, and there is no parking permitted in the alley or rear yard.
[1]
Editor's Note: This ordinance also redesignated former Subsection D(6) as Subsection D(7).
(7) 
For all other permitted residential uses refer to the yard requirements in the underlying zoning district.
E. 
An unenclosed porch or deck may intrude into a required front, side or rear yard a maximum of 50% of the required setback or 10 feet, whichever is less.
F. 
Chimneys, roof overhangs, rain gutters, building footings, window wells and similar features may intrude up to two feet into a required setback.
G. 
Detached accessory buildings shall be set back a minimum of five feet from a side or rear lot line. Accessory buildings shall not be permitted within a front yard.
H. 
For townhouse dwelling units:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
No more than 10 townhouse units shall be attached.
(2) 
A vertical or horizontal visual structural offset or other deviation in exterior architectural materials shall be provided for every four units.
I. 
A minimum of 90% of residential lots within the TND shall be deeper than they are wide.
[Amended 8-26-2013 by Ord. No. 2013-05]
J. 
All uses other than single-family detached residential units shall provide a minimum building setback of 60 feet along the perimeter boundary of the TND when the adjacent parcel contains a residential use.
K. 
If portions of the TND are designed with more than one primary building on a lot, the buildings shall be located such that yard requirements would be met if property lines are established.
L. 
No building shall contain more than 60 residential units. Buildings that contain 60 or fewer residential units each may be connected through architectural features, enclosed or unenclosed walkways or breezeways, or other similar features that are not occupied as living space within a dwelling unit.
[Amended 8-26-2013 by Ord. No. 2013-05]
A. 
Lot area and width.
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
For large single-use commercial lots:
(a) 
Minimum lot area: 20,000 square feet.
(b) 
Maximum lot area: 150,000 square feet.
(c) 
Minimum lot width at the right-of-way line: 80 feet.
(d) 
Maximum lot width at the right-of-way line: 300 feet.
(2) 
For standard single-use commercial lots:
(a) 
Minimum lot area: 7,200 square feet.
(b) 
Maximum lot area: 75,000 square feet.
(c) 
Minimum lot width at the right-of-way line: 40 feet.
(d) 
Maximum lot width at the right-of-way line: 150 feet.
(3) 
For single-use lots designed and constructed as an integral part of a continuous commercial frontage:
(a) 
Minimum lot area: 2,000 square feet.
(b) 
Maximum lot area: 10,000 square feet.
(c) 
Minimum lot width at the right-of-way line: 20 feet.
(d) 
Maximum lot width at the right-of-way line: 150 feet.
(4) 
For multiple-use lots: no minimum requirements for lot area or width.
(5) 
Within a core neighborhood, one village courtyard lot shall be permitted.
(a) 
The village courtyard is intended to serve as a central retail or commercial area in which only the following nonresidential uses shall be permitted:
NAICS No.
Category
44-45*
Retail trade, excluding Industries 4411 (Automobile Dealers) and 4412 (Other Motor Vehicle Dealers), and excluding sexually oriented business as defined by Chapter 59 of the Code of the Township of Lower Allen. Refer to said chapter for sexually oriented business regulations.
491
Postal Service
54
Professional, Scientific and Technical Services
55
Management of Companies and Enterprises
71
Arts, Entertainment and Recreation
722
Food Services and Drinking Places, excluding drive-through facilities
(b) 
The village courtyard lot may be a single-use or multiple-use lot and have a maximum lot area of 15 acres.
(c) 
The village courtyard lot shall be designed and constructed to include a village courtyard area consisting of benches or other seating areas and landscaping so as to contribute to a park-like setting. The village courtyard may include outdoor cafes.
(d) 
The village courtyard shall have a minimum area of one acre and shall include a system of sidewalks and/or pedestrian pathways to provide safe and convenient pedestrian access to the courtyard from nonresidential uses on the village courtyard lot and other areas within the core neighborhood.
B. 
Location of uses. A maximum of 30% of the land area within the core neighborhood may be established as large single-use commercial lots.
[Amended 8-26-2013 by Ord. No. 2013-05]
C. 
Yards.
(1) 
Minimum front yard depth: zero, provided that:
(a) 
Required parking is provided in the rear or side yard only.
(b) 
Primary access to the use is at the front property line.
(c) 
Front access is part of a coordinated pedestrian access system, connecting the subject use with: other commercial uses; parking spaces for the subject use; public open space.
(2) 
Minimum front yard depth for principal building space: five feet.
(3) 
Maximum front yard depth: 15 feet, if there is no parking in the front yard.
(4) 
Maximum front yard depth: 90 feet, if there is parking in the front yard. A maximum front yard depth shall not apply to village courtyard lots.
[Amended 8-26-2013 by Ord. No. 2013-05]
(5) 
Minimum rear yard depth for principal building: 35 feet.
(6) 
Minimum rear yard depth for principal building (including a building that includes a mix of residential and nonresidential uses): five feet, if the building is served by rear alley access and there is no parking permitted in the alley or rear yard.
[Amended 8-26-2013 by Ord. No. 2013-05; 7-27-2015 by Ord. No. 2015-03]
(7) 
Minimum side yard depth: zero, if designed and constructed as an integral part of a continuous commercial frontage.
(8) 
Minimum side yards shall total no less than 20 feet, with no one side less than 10 feet in width. On a corner lot, two side yards shall be provided along the interior lot lines.
(9) 
Minimum side yard depth. For end units, one side yard shall be provided, with a minimum width of 10 feet.
D. 
All uses other than single-family detached residential units shall provide a minimum building setback of 60 feet along the perimeter boundary of the TND when the adjacent parcel contains a residential use. Screen planting shall be provided in the setback in accordance with §§ 220-201 and 220-202.
E. 
If portions of the TND are designed with more than one primary building on a lot, the buildings shall be located such that yard requirements would be met if property lines are established.
F. 
Size limitations on nonresidential uses:
[Amended 8-26-2013 by Ord. No. 2013-05]
(1) 
Buildings on large single-use commercial lots (other than village courtyard lots) shall not exceed 15,000 square feet in gross floor area per floor.
(2) 
For multiple-use lots other than village courtyard lots:
(a) 
No single occupant or business shall exceed 10,000 square feet in gross floor area per floor.
(b) 
No more than 50% of nonresidential uses shall exceed 4,000 square feet in gross floor area per floor.
(3) 
The total gross floor area of all buildings on a village courtyard lot shall not exceed 150,000 square feet per floor.
G. 
Building setback requirements of the Pennsylvania Uniform Construction Code[1] may impact the required construction of building walls.
[1]
Editor's Note: See 34 Pa. Code Chs. 401 through 405.
H. 
Refer to § 220-132.2 for specific requirements regarding projecting signs within the right-of-way.
[Amended 7-27-2015 by Ord. No. 2015-03]
The overall impervious coverage for a TND development shall not exceed 50%.
In addition to the requirements of Article XXIV, the following apply to a TND:
A. 
No more than 10% of residential units shall have required parking areas within the front yard.
B. 
No more than 30% of the required parking in the core neighborhood shall be within front yards.
[Amended 8-26-2013 by Ord. No. 2013-05]
C. 
Within the core neighborhood, up to 50% of the required parking may be attained with on-street parking spaces.
D. 
Within the core neighborhood, required parking may be reduced up to 15% if it is demonstrated through the conditional use process that shared parking spaces of different primary uses will have different peak demand times for parking, and that adequate parking will be available during the peak demand periods for all uses.
A. 
In addition to required public recreation land, a minimum of 15% of the gross area of a TND project shall be retained as common open space reserved for passive and/or active recreational use.
[Amended 8-26-2013 by Ord. No. 2013-05]
B. 
A minimum of 50% of the designated common open space that constitutes a steep slope or woodland shall not be regraded as part of development of the site.
[Amended 8-26-2013 by Ord. No. 2013-05]
C. 
Common open space shall be available for use by residents of the TND and their guests free of charge, except for areas of nonintensive agriculture, horticulture, floriculture or silviculture . An annual maintenance fee assessed to all property owners for maintenance of common open space shall not be considered a charge for use of the space.
D. 
Common open space may be made available for use by the general public. This shall not be cause to reduce the recreation requirements of Chapter 192, Subdivision and Land Development.
[Amended 8-26-2013 by Ord. No. 2013-05]
E. 
A pedestrian access and trail construction plan shall be required to provide accessibility to the common open space.
F. 
Commercial uses shall not be permitted in common open space, except for community events approved by the owner of the common open space.
G. 
Any area designated as common open space shall be no smaller than four times the area of the smallest residential lot within the TND, except for designated trails.
A. 
Applicant must supply documentation showing proposed plan for ownership and perpetual maintenance and protection of common open space (COS). Available methods are as follows:
(1) 
COS ownership retained by applicant.
(2) 
COS offered for dedication to the Township. The Board of Commissioners may accept dedication to the Township at their discretion, but there is no obligation to do so.
(3) 
Ownership by a qualified conservation or preservation organization.
(4) 
Ownership by a homeowners' association or condominium association
B. 
A conservation easement shall be provided to ensure that all common open space shall remain open in perpetuity.
A. 
The Board of Commissioners may, by conditional use approval, permit the modification of the provisions of this Article XVI, and any provision of this chapter that is referenced in Article XVI, in order to encourage traditional neighborhood development. A landowner desiring to obtain such conditional use approval shall make such application concurrently with an application for CU approval for the TND development if such approval is required under § 220-119. If CU approval for the TND development is not required under § 220-119, then such CU approval for modification of the provisions of this Article XVI shall be made prior to approval of a subdivision or land development plan for any portion of TND development that does not comply with the provision(s) sought to be modified. Any CU to permit modification of the requirements of this Article XVI shall be subject to the following standards:
(1) 
Such modifications are consistent with the purpose and intent of this Article XVI.
(2) 
Such modifications of design standards will not result in any danger to the public health or welfare or in adverse impact to adjoining properties or future inhabitants within the TND development.
(3) 
Such modifications of design standards will not result in an increase in residential densities permitted for the TND development.
(4) 
Such modifications will not result in configuration of lots or street systems that are impractical or detract from the appearance of the TND development; and
(5) 
Such modifications will allow for equal or better results and represent the minimum amount of relief necessary.
[Added 7-27-2015 by Ord. No. 2015-03]
In addition to the requirements of §§ 220-245 through 220-252, and § 220-254, the following sign regulations apply to TND developments:
A. 
Definitions. The following words and phrases, when used in this § 220-132.2, shall have the meaning given to each herein and shall supersede definitions as contained in Article II of this chapter, unless the context clearly indicates otherwise:
BUILDING WALL SIGN
A building sign that is mounted parallel to the building wall.
DEVELOPMENT IDENTIFICATION SIGN
An off-premises or on-premises identification sign, located in a TND development, that primarily indicates the names of the core neighborhoods, specific residential neighborhoods inside and outside of core neighborhoods, and for the TND development.
INCIDENTAL SIGN
An on-premises sign, located in a TND development, that primarily indicates instructional information that is primarily oriented to pedestrians, cyclists and motor vehicle operators who have entered a property from a street or alley. Signs indicating whether an establishment is "open" or "closed" may be visible from the street or alley. Examples include parking and building entrance instructions.
LIMITED ACCESS HIGHWAY ORIENTED IDENTIFICATION/MARKETING SIGN
A sign, located in a TND development, adjacent to, and intended to primarily be viewed from the Pennsylvania Turnpike (I-76) or other limited access highway, that combines the functions of an identification sign with a marketing sign for the various elements, activities and functions of the TND development. Examples include the name(s) of the TND development, core neighborhoods, specific residential neighborhoods outside of core neighborhoods, businesses, uses and nonresidential destinations within the TND development.
NONRESIDENTIAL IDENTIFICATION SIGN
An on-premises sign that indicates the name of the owner or occupant of a property, the address of a building, the name of a building or building development or the business conducted on a nonresidential property.
NONRESIDENTIAL MARKETING SIGN
An on-premises sign that displays information about activities, products or services offered on a nonresidential property where the sign is located.
RESIDENTIAL IDENTIFICATION SIGN
An on-premises sign that indicates the name of the owner or occupant of a property, the address of a building, the name of a building or building development or the business conducted on a residential property.
WAY-FINDING SIGN
An off-premises or on-premises sign, located in a TND development, that primarily provides way-finding information such as distances or orientation information to residential neighborhoods, core neighborhoods, businesses, uses, and other nonresidential destinations in a TND development, from a street or alley.
B. 
Purpose of sign regulations by specific areas in TND developments.
(1) 
Residential neighborhoods and areas outside of core neighborhoods. The purpose of these regulations is to allow signs that are customary and reasonable for the variety of dwelling unit types permitted outside of core neighborhoods, and to allow signs for permitted nonresidential uses that sufficiently identify these uses in a manner that is compatible with predominant residential uses.
(2) 
Core neighborhoods. The purpose of these regulations is to provide adequate signage for the mix of residential and nonresidential uses that are permitted to coexist in core neighborhoods. Nonresidential uses are provided with adequate opportunities for identification that also minimize the impact upon adjacent residential uses.
C. 
Maximum number of sign types. Unless specified and limited in the following tables, all of the specific sign types (i.e., freestanding signs, building wall signs, window signs, projecting signs) for the specific sign message classifications (i.e., residential identification signs, nonresidential identification signs and nonresidential marketing signs, development identification signs, way-finding signs, incidental signs and regulatory notice signs, limited access highway oriented identification/marking signs) shall be permitted to be installed in addition to any other specific sign type for the same specific sign message classification that may be permitted.
D. 
Identification signs and marketing signs. See the following tables.[1]
(1) 
Residential identification signs. See the following table.
(2) 
Nonresidential identification signs and nonresidential marketing signs. See the following table.
[1]
Editor's Note: The tables referenced in Subsection D(1) and (2) are included in an attachment to this chapter.
E. 
Development identification signs. See the following table.[2]
[2]
Editor's Note: Said table is included in an attachment to this chapter.
F. 
Way-finding signs. See the following table.[3]
[3]
Editor's Note: Said table is included in an attachment to this chapter.
G. 
Incidental signs and regulatory notice signs. See the following table.[4]
[4]
Editor's Note: Said table is included in an attachment to this chapter.
H. 
Limited access highway oriented identification/marketing signs. See the following table.[5]
[5]
Editor's Note: Said table is included in an attachment to this chapter.
I. 
Memorial signs. See the following table.[6]
[6]
Editor's Note: Said table is included in an attachment to this chapter.
J. 
Portable signs. Permitted as temporary signs and shall comply with temporary sign placement provisions contained in § 220-254.
K. 
Changeable message signs. Nonresidential uses outside of a core neighborhood may install changeable message sign in accordance with other provisions of this § 220-132.2 and Article XXV, provided that activation of message change is by manual means. Changeable message signs may be either electrically or manually activated in core neighborhoods. Electrical activation may include projection or rotation of sign copy, or electronically programmed message changes. Scrolling message changes are permitted, but flashing and animated signs, as defined in § 220-6, are prohibited.
L. 
Opinion and election campaign signs. Signs on a residential lot shall comply with residential identification sign standards of this § 220-132.2. Signs on a nonresidential lot shall comply with nonresidential identification sign standards of this § 220-132.2.