(a)
Creation of overlay districts. For the purposes of this chapter,
the Township of South Whitehall establishes five overlay districts
as follows:
(1)
Overlay Districts:
|
Neighborhood Infill Development Overlay District
|
|
TND-Residential Cluster Overlay District
|
|
TND-Commercial Retrofit Overlay District
|
|
TND-Industrial Retrofit and Infill Overlay District
|
|
Active Adult Neighborhood Development Overlay District
|
(b)
Purpose of overlay districts.
(1)
The overlay districts are intended to address areas deemed by
the Township to have the potential for compact growth, including,
but not limited to, areas designated as "Growth Opportunity Areas"
on the Future Land Use Plan of the 2009 South Whitehall Township Comprehensive
Plan. These areas are intended to be developed, redeveloped, or infilled
under specific sets of design standards and development regulations
that address the unique conditions of each area and a particular vision
for future land use. The design standards and development regulations
pertain to such elements as:
(A)
Providing for a mix of uses;
(B)
Promoting traditional neighborhood development;
(C)
Locating buildings close to streets and sidewalks;
(D)
Locating parking to the side or rear of buildings;
(E)
Creating enhanced streetscapes, and street edges with street
walls;
(F)
Enhancing landscaping;
(G)
Providing an increased variety of types and forms of housing;
(H)
Providing useable open space; and
(I)
Enabling increased building heights.
(2)
The full set of design standards and development regulations are set forth in § 350-31 and Appendix C.[1] The AAND-O is not subject to the design standards and development regulations set forth in § 350-31(g) or Appendix C.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(c)
General intent of all innovation overlay districts. The Innovation
Overlay Districts are intended to:
(1)
Provide flexibility and innovation in designing new developments
by offering an alternative to the conventional development permitted
by the underlying zoning districts.
(2)
Recognize the distinct physical characteristics of the individual
Innovation Overlay District and enable new development, infill, and
redevelopment that will complement and enhance those characteristics.
(3)
Increase opportunities for mixed-use development, thereby:
(A)
Creating greater efficiencies in land use;
(B)
Promoting a more efficient use of infrastructure in order to
reduce associated costs;
(C)
Creating opportunities to fulfill some daily tasks without the
use of an automobile; and
(D)
Supporting alternative transportation (bus transit) with the
development of new population hubs.
(4)
Promote a greater mix of dwelling types for all ages and circumstances
throughout the Township.
(5)
Expand and enhance the open space and pedestrian network in
accordance with the Official Map.
(6)
Promote context sensitive massing, proportion, positioning,
height, streetscape elements, and landscaping.
(d)
Identification of the Innovation Overlay Districts. There are five specific Innovation Overlay Districts depicted on the Zoning District Map. Each district has specific regulations as set forth in this § 350-31 and in, with regard to Districts (1) through (4) as listed below, Appendix C. The Overlay Districts are as follows:
(e)
Applicability.
(1)
Application of the Neighborhood Infill Innovation Overlay District for residential uses shall be permitted by right. Nonresidential uses in the Neighborhood Infill Overlay District shall be permitted as a conditional use approved by the Board of Commissioners in accordance with §§ 350-18 and 350-41(e).
(2)
Application of the TND Innovation Overlay Districts provisions
is optional and shall be available to applicants meeting the eligibility
criteria contained in each Overlay District and with conditional use
approval by the Board of Commissioners in accordance with the specific
standards contained herein and the general standards set forth in
§ 350-41(e). A sketch plan submission shall be required
for all land developments that utilize the TND Innovation Overlay
District regulations that require a conditional use review and approval.
[Amended 3-20-2019 by Ord. No. 1044]
(3)
For applicants who do not meet the eligibility criteria or who
choose not to develop using the Innovation Overlay District option,
the provisions of the underlying zoning districts shall govern. All
existing uses within the Innovation Overlay Districts shall be governed
by the applicable underlying zoning district regulations.
(4)
Where an applicant meets the eligibility criteria and elects to develop pursuant to the Innovation Overlay District, the regulations contained herein, § 350-31, shall apply. Where these regulations apply and conflict with those of the underlying district, these regulations shall supersede. Where regulations are not specified in the Innovation Overlay District, but are specified within the underlying district, the underlying district regulations shall govern.
(5)
The design standards found in Appendix C shall apply to all
development applications for the Innovation Overlay Districts, as
specified within each district.
(f)
Overlay districts:
(1)
Neighborhood Infill Overlay District.
(A)
Intent of the District: To permit new development and redevelopment
to emulate the specific characteristics of an existing neighborhood
in terms of area and bulk regulations, while incorporating new opportunities
for streetscape enhancement, open space and pedestrian amenities,
and appropriately located and sized commercial uses that serve the
immediate neighborhood. There are three Neighborhood Infill Overlay
District Areas as designated on the Zoning Map:
(B)
Uses. In addition to uses permitted as primary uses, accessory
uses, or uses by special exception in the underlying zoning districts,
the following additional uses shall be permitted as a conditional
use within the Neighborhood Infill Overlay District:
(i)
Retail sales; personal service business; or business
or professional office (less than 5,000 square feet per use);
(ii)
Mixed-use building, with uses listed in Subsection
(f)(1)(A) above located on the first floor and business or professional
office uses and/or apartment uses located above the first floor.
(C)
Area and bulk regulations.
(i)
The following area and bulk regulations shall apply:
|
Primary Use
|
Minimum Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Build-to Line
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
|---|---|---|---|---|---|
|
5a: Broadway-residential uses
|
Single detached dwelling: 4,800
Twin: 2,400
Two-flat: 4,800
Apartment only per § 350-31(f)(1)(B)
|
40
30
40
|
10
|
10
|
30
|
|
5a: Broadway-Nonresidential uses
|
5,000
|
60
|
10
|
10
|
30
|
|
5b: Greenawalds-residential uses
|
Single detached dwelling: 7,800
Twin: 3,900
|
65
32
|
15-20
|
6
|
30
|
|
5b: Greenwalds-nonresidential uses
|
10,000
|
80
|
15-20
|
10
|
30
|
|
5c: Clifford Park Area-residential uses
|
Single detached dwelling: 7,200
Twin: 3,600
Townhouse: 2,200
Apartment: 1,500/unit
|
60
30
20
100
|
25
|
8
|
30
|
|
5c: Clifford Park Area-nonresidential uses (in residential districts)
|
10,000
|
80
|
25
|
12
|
30
|
(iii)
Maximum lot coverage for nonresidential buildings:
75%.
(D)
Design standards and development regulations.
(i)
The design standards for building location, building
height, parking location, and streetscape in Appendix C shall apply.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
(ii)
Maintain existing street network and block pattern.
Where new streets are proposed, such streets shall continue the alignment
and pattern of the existing street network, including block length
and depth, distance between intersections, and incorporation of alleys.
(iii)
New permitted commercial uses.
[1]
Where such uses are located within residential
neighborhoods, such uses shall be located in buildings located at
the intersection of two streets, one of which shall be a designated
collector road or arterial road.
[2]
With the exception of business and professional
office uses, nonresidential uses shall only be located on the ground
floor and are encouraged to be located in mixed-use buildings with
office uses or residential uses located above.
[3]
Required parking spaces shall be provided on site,
except that where on-street parking is permitted or existing, such
spaces may account for a maximum of 25% of the required parking spaces.
[4]
New buildings shall have maximum building footprint
of 6,500 square feet.
(2)
TND - Residential Cluster Overlay District.
(A)
Intent of the Overlay District:
[Amended 3-20-2019 by Ord. No. 1044]
(i)
Promote smart growth policies and encourage innovation
and efficiencies in residential development to meet demands for various
types of housing;
(ii)
Foster a sense of place and community by providing
a setting that encourages the development of neighborhoods with open
space;
(iii)
Promote neighborhoods that are pedestrian- oriented
with open space and facilities for recreation and community functions,
consistent with the needs of proposed cluster development;
(iv)
Promote cluster development that is compatible
with existing land uses adjoining a candidate tract; and
(v)
Allow for the open space ownership and maintenance
by a bona fide homeowners' association.
(B)
Eligibility criteria:
[Amended 3-20-2019 by Ord. No. 1044]
(i)
Ownership: The tract of land may be held in single
and separate ownership or by multiple owners; however, when a tract
is held in multiple ownership, it shall be planned as a single entity
with common authority and common responsibility.
(ii)
Minimum tract size: 10 acres.
(iii)
Public sewer is available and shall be connected
to the cluster development, with confirmation in writing of such availability
from the South Whitehall Township.
(iv)
Public water is available and shall be connected
to the cluster development, with confirmation in writing of such availability
from the South Whitehall Township.
(v)
Minimum designated open space in accordance with the Development Options Charts within the Sections 350-31(f)(2)(C)(i), (ii) or (iii), as appropriate, below. The minimum designated open space required herein shall count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d) for common open space and prime open space, and shall be so offered for dedication in accordance with § 312-36(d). Any additional open space beyond the required minimum designated open space may also be offered for dedication in accordance with § 312-36(d) or may be held in private ownership as a low-intensity recreation use.
(vi)
All applications for development of a tract as
a TND shall be accompanied by, and comply with, the Manual of Written
and Graphic Design Standards in Appendix C, as enabled by Section
708-A of the Pennsylvania Municipalities Planning Code. The applicant
may prepare and submit a specific manual ("applicant's specific manual")
which shall be subject to Township approval, pertaining to such specific
proposed features as building location, fencing, walls, landscaping,
signs, streets, pedestrian circulation, parking, lighting and streetscape.
The applicant's specific manual shall be consistent with the Design
Standards and Development Guidelines in Appendix C of this chapter.[3]
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
(C)
Development options. When an applicant meets the conditions
of eligibility for this overlay district, and elects to develop pursuant
to it, such applicant may choose from the TND Development Options
in Subsection (f)(2)(C)(i), (ii), or (iii) below.
(i)
Residential
cluster.
[1]
Development options.
[Amended 3-20-2019 by Ord. No. 1044]
|
Development Option
|
Minimum Tract Size
(acres)
|
Increase in Development Intensity*
|
Minimum % of the Tract to be Open Space
|
Minimum % of the Tract to be Active Open Space
|
Maximum % of the Tract to be Gross Area for Commercial
Uses
| |
|---|---|---|---|---|---|---|
|
(1) Residential only
|
10
|
Increase Development Intensity 1 Level* or to R-4, whichever
is greater
|
15%
|
5%
|
Not permitted
| |
|
(2) Residential with commercial component
|
50
|
Increase Development Intensity 1 Level* or to R-4, whichever
is greater
|
15% plus 0.5% for every 1% of the gross tract area developed
as commercial
|
5% plus 0.5% for every 1% of the gross tract area developed
as commercial
|
10%
| |
|
*
|
Starting with the base zoning district, utilize the bulk criteria
of the permitted uses in the next more intense residential zoning
district, to the maximum of the R-10 High Density Residential Zoning
District. For example, if the underlying base zoning district is R-4,
the permitted uses would utilize the bulk criteria listed within the
R-5 Medium Density Residential Zoning District. See § 350-31(f)(2)(C)(i)[2]
below for density bonuses.
|
[2]
Additional development intensity. The level of
development intensity permitted by Table 3 above may be increased
by the additional density credit levels (to a maximum of R-10) as
noted below. Density credits shall be applied as whole numbers, with
any half-credits lost.
[a]
If a minimum of three housing types (as defined
under "dwelling unit") are provided in a TND and such units are intermingled
in a manner acceptable to the Township, one-half density credit may
be permitted above the base density.
[b]
For each additional 5% of the gross tract area
beyond the minimum percentage of gross tract area required in § 350-31(f)(2)(C)(i)[1]
for open space, one-half density credit may be permitted above the
base density.
[Amended 3-20-2019 by Ord. No. 1044]
[c]
For each additional 2.5% of the gross tract area
beyond the minimum percentage of gross tract area required in § 350-31(f)(2)(C)(i)[1]
dedicated for active open space, one-half density credit may be permitted
above the base density.
[Amended 3-20-2019 by Ord. No. 1044]
[d]
For each 25% of dwelling units not required to
have alley access that are provided with alleys (thereby minimizing
curb cuts, promoting continuous pedestrian movement along sidewalks,
and improving streetscape quality), one-half density credit may be
permitted above the base density.
[e]
For each public bus shelter provided within the
development in coordination with the local transportation authority,
one-half density credit may be permitted above the base density.
[3]
Open space, active open space, and area of commercial
lots calculations shall be based upon gross acreage of the tract.
[Amended 3-20-2019 by Ord. No. 1044]
[4]
Area of commercial lots shall be based upon the
cumulative lot areas of commercial, including mixed uses.
[5]
Maximum lot coverage for nonresidential uses: 75%.
[6]
Use regulations.
[a]
The following uses are permitted in a TND-Residential
Cluster in the TND-Residential Cluster Overlay District:
[i]
Apartment as part of a mixed-use building.
[ii]
Apartment building (R-10 Adjusted Development
Intensity or greater).
[iii]
Child day-care center (primary or accessory).
[iv]
Mixed-use building.
[v]
Office, business or professional (less than 5,000
square feet per use).
[vi]
Office, medical (less than 5,000 square feet per
use).
[vii]
Personal service business (less than 5,000 square
feet per use).
[viii]
Restaurant, sit-down (less than 5,000 square
feet per use).
[ix]
Retail sales (less than 5,000 square feet per
use).
[x]
Retirement facility (R-5 Adjusted Development Intensity
or greater).
[xi]
Single detached dwelling unit.
[xii]
Three-flat (R-5 Adjusted Development Intensity
or greater).
[xiii]
Townhouse (R-5 Adjusted Development Intensity
or greater).
[xiv]
Two-unit dwellings.
[b]
Accessory uses customarily associated with the
above permitted uses.
[c]
Special exception uses permitted in the R-10 District
(R-5 Adjusted Development Intensity or greater).
[d]
The following uses shall be permitted within the
open space:
[Amended 3-20-2019 by Ord. No. 1044]
[i]
Gazebos and pavilions;
[ii]
Playfields, tennis and basketball courts, playground
equipment, bike racks, and the like;
[iii]
Paved trails;
[iv]
Recreational clubhouses;
[v]
Hardscaped plazas;
[vi]
Other uses consistent with the character of the
development as approved by the Board of Commissioners.
[7]
Dwelling unit mix.
[a]
A minimum of two of the following dwelling unit
types, as permitted per the base zoning district, shall be provided
in each TND: single detached dwelling unit, two-unit dwellings, three-flat
dwelling, or townhouse. To meet this requirement, a dwelling unit
type shall comprise a minimum of 20% of the total units.
[b]
In order to encourage the intermingling of unit
types, a minimum of 50% of the blocks within the TND shall have two
or more dwelling unit types located along the same street frontage.
[8]
Area and bulk regulations and design standards.
[a]
Residential uses. Unless otherwise specified, residential
uses shall conform to the area and bulk criteria of the adjusted development
intensity as determined in § 350-31(f)(2)(C)(i)[1] and [2].
[i]
Lot width shall vary from lot to lot, so that not
more than three adjoining single detached dwelling lots may have the
same width, in order to induce variety in the layout of the plan.
To meet the purposes of this section, the lot width shall vary by
a minimum of five feet from an adjoining lot.
[ii]
Build-to line: Along residential streets: 10 to
15 feet. Front-yard setbacks shall not apply.
[iii]
Building height:
|
{A}
|
Residential minimum: 20 feet.
|
|
{B}
|
Residential maximum: 35 feet.
|
[iv]
Building separation distances (between buildings
on the same lot).
|
{A}
|
A minimum distance of 12 feet shall separate all single detached
dwelling unit and two-unit residential dwellings/two-flat dwellings
from one another.
|
|
{B}
|
Townhouses shall be separated from single detached dwelling
unit, two-unit dwellings, three-flats, and other townhouses by a minimum
of 15 feet.
|
[b]
Nonresidential uses. Unless otherwise specified,
nonresidential uses shall conform to the area and bulk criteria of
the NC Neighborhood Commercial Zoning District.
[i]
Build-to line: Along nonresidential or mixed-use
streets: five feet to 15 feet. Front yard setbacks shall not apply.
[ii]
Building height:
|
{A}
|
Nonresidential/mixed-use minimum: two stories or 20 feet.
|
|
{B}
|
Nonresidential/mixed-use maximum: three stories or 45 feet,
unless otherwise noted within this section. Nonresidential buildings,
or portions thereof, with height greater than 35 feet shall be set
back from any existing residential uses or adjoining residential districts
by a minimum of 50 feet. Nonresidential buildings, or portions thereof,
up to four stories or 60 feet may be permitted along arterial roads
in the overlay district, so long as any portion of a building that
exceeds 35 feet in height shall be located a minimum of 300 feet from
any adjoining residential district or use that is not included in
the same TND application as the building.
|
[iii]
Building separation distances (between buildings
on the same lot): Nonresidential buildings shall have a minimum separation
distance of 20 feet to any other principal freestanding building groups.
[iv]
Maximum nonresidential building footprint. The
building footprint of a nonresidential or mixed-use building of three
stories or 45 feet or less in height shall not exceed 6,500 square
feet in gross floor area on the ground floor in a Residential Cluster
TND. The building footprint of a nonresidential or mixed-use building
greater than three stories or 45 feet in height shall not exceed 20,000
square feet in gross floor area on the ground floor in a Residential
Cluster TND. No individual use shall exceed 5,000 square feet, except
that nursing homes shall not exceed 10,000 square feet.
[v]
Commercial area design standards and development
regulations.
|
{A}
|
All commercial uses shall be located together in one area of
the TND. Such buildings may be attached or detached.
|
|
{B}
|
Commercial or mixed-use buildings shall be oriented toward and
access an arterial or collector road or congregated around an area
of useable open space, such as a close, that is a minimum of 4,500
square feet in area.
|
|
{C}
|
Parking shall be located to the rear of a commercial use. No
parking shall be located between a commercial building and the frontage
street nor located at the corner of two streets.
|
|
{D}
|
Required parking spaces shall be provided on site, except that
where on-street parking is permitted or existing. Such on-street parking
spaces shall be, in their entirety, within 200 feet of the entrance
to a commercial use. Such on-street parking spaces may account for
a maximum of 25% of the required parking spaces. On-street parking
spaces so counted shall be marked by the appropriate striping.
|
|
{E}
|
Nonresidential use off-street parking requirements (excluding
those of apartments) of greater than 100 standard parking spaces may
be reduced by 10%. Nonresidential use off-street parking requirements
(excluding those of apartments) of greater than 200 standard parking
spaces may be reduced by 15%.
|
[vi]
Additional standards for retirement facilities:
|
{A}
|
For purposes of density calculations, every two nursing home
beds shall count as one unit.
|
|
{B}
|
There shall be no more than one nursing home bed for every 10
independent or assisted living residences.
|
(ii)
Cottage cluster.
[1]
COTTAGE
COTTAGE CLUSTER
THE ASSOCIATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 3-20-2019 by Ord. No. 1044]
A single detached dwelling unit of 1,200 square feet or less
and no more than 25 feet in height.
A group of four to 12 cottages, arranged around a dedicated
area of open space improved for passive recreational use or gardening.
A cluster shall contain only cottages and their associated accessory
buildings or structures, and the associated aforementioned open space
to be owned and maintained by a homeowners' association, condominium
association or other similar mechanism.
The governing homeowners' association, condominium association
or similar mechanism.
[3]
Development options. An applicant may choose from
the following cottage housing development options. The options are
intended to provide a direct relationship between the inclusion of
desirable facilities (i.e., more useable open space or open space
amenities) that will benefit the community and incremental increases
in permitted development capacity.
[a]
Development options.
|
Development Option
|
Minimum Tract Size
(acres)
|
Maximum Dwelling Units per Gross Acre
|
Percentage of Gross Tract Area That Is Open Space Not
Associated with a Cottage Cluster
|
Percentage of Gross Tract Area That Is Active Open Space
Not Associated with a Cottage Cluster
|
|---|---|---|---|---|
|
(A)
|
10
|
4.5
|
12.5%
|
5.0%
|
|
(B)
|
10
|
5.0
|
15%
|
5.0%
|
|
(C)
|
10
|
5.5
|
17.5%
|
5.0%
|
|
(D)
|
10
|
6.0
|
20%
|
5.0%
|
[4]
Cottage lot or lease lot criteria:
[a]
Area and bulk regulations. The cottage housing
development shall provide a range of cottage lot or lease lot sizes
in accordance with the following:
[i]
Table A:
|
Primary Use
|
% of Total Units Required
|
Lot or Lease Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Max Height of Building Structure
(feet)
| |
|---|---|---|---|---|---|---|---|---|
|
Cottage
| ||||||||
|
400 square feet or less
|
Min: 20%
|
800 to 2,400
|
30
|
20
|
10
|
15
|
25
| |
|
401 square feet to 800 square feet
|
Min: 20%
|
1,200 to 3,600
|
35
|
20
|
10
|
15
|
25
| |
|
801 square feet to 1,200 square feet
|
Min: 20%
|
1,600 to 4,800
|
40
|
20
|
10
|
15
|
25
| |
[ii]
Lot or lease lot width shall vary from lot to
lot, so that not more than three adjoining lots may have the same
width, in order to induce variety in the layout of the plan. To meet
the purposes of this section, the lot width shall vary by a minimum
of five feet from an adjoining lot.
[b]
Design standards: Each lot or lease lot within
a cottage cluster shall conform to the following design standards:
[i]
Access to street or alley.
|
{A}
|
Each lot or lease lot shall have frontage on a street or alley.
|
[ii]
Access to the cottage cluster's dedicated open
space.
[Amended 3-20-2019 by Ord. No. 1044]
|
{A}
|
Each lot or lease lot shall adjoin the cluster's dedicated open
space for a length of no less than 10 feet.
| |
|
{B}
|
Each lot or lease lot shall be provided with and maintain a
minimum thirty-six-inch-wide hardscaped walking path between the dwelling
entrance and the gated access point to the cluster's dedicated open
space.
|
[iii]
Access to parking.
|
{A}
|
Each lot or lease lot shall be provided with and maintain a
minimum thirty-six-inch-wide hardscaped walking path between the dwelling
entrance and the adjoining street or alley.
| |
|
{B}
|
Each lot or lease lot shall provide one off-street parking space.
|
[iv]
Cottage design standards.
|
{A}
|
The gross floor area of each cottage shall not exceed 1,200
square feet. Areas within each cottage that shall not count toward
gross floor area or building footprint calculations include:
| ||
|
{1}
|
Interior spaces with a ceiling height of six feet or less.
| ||
|
{2}
|
Basements.
| ||
|
{3}
|
Architectural projections (such as bay windows, fireplaces or
utility closets) no greater than 24 inches in width and six feet in
depth.
| ||
|
{4}
|
Attached unenclosed porches.
| ||
|
{5}
|
Garages or carports, whether attached or detached.
| ||
|
{B}
|
The building footprint area of each cottage shall not exceed
850 square feet.
| ||
|
{C}
|
The height of each cottage shall not exceed 25 feet.
| ||
|
{D}
|
Each cottage shall have the primary entrance located within
a covered porch of at least 60 square feet, oriented toward the cluster's
dedicated open space.
[Amended 3-20-2019 by Ord. No. 1044] | ||
|
{E}
|
Each cottage shall have a facade, secondary entrance, porch,
bay window or other architectural enhancement oriented toward the
adjoining street or alley.
| ||
|
{F}
|
Each cottage primary entrance shall be located no more than
25 feet from the lot or lease lot's gate accessing the cluster's dedicated
open space.
[Amended 3-20-2019 by Ord. No. 1044] | ||
[v]
Cottage development accessory buildings or structures.
|
{A}
|
Garages or carports (attached or detached).
| |||
|
{1}
|
Dimensional restrictions.
| |||
|
{a}
|
The building footprint shall be no greater than 400 square feet.
| |||
|
{b}
|
The height shall be no greater than 15 feet.
| |||
|
{2}
|
Setbacks.
| |||
|
{a}
|
Front setback: four feet.
| |||
|
{b}
|
Side setback: two feet to the lot or lease lot line and at least
15 feet to the nearest building or structure on an adjoining lot or
lease lot.
| |||
|
{c}
|
Rear setback: not applicable.
| |||
|
{3}
|
Design standards.
| |||
|
{a}
|
Shall match the color and architectural scheme of the dwelling
to which the structure is accessory.
| |||
|
{B}
|
Sheds.
| |||
|
{1}
|
Dimensional restrictions.
| |||
|
{a}
|
The building footprint shall be no greater than 80 square feet.
| |||
|
{b}
|
The height shall be no greater than 10 feet.
| |||
|
{2}
|
Setbacks.
| |||
|
{a}
|
Front setback; not closer than the rear face of the dwelling
unit (shall be located in the rear yard).
| |||
|
{b}
|
Side setback: two feet to the lot or lease lot line and at least
15 feet to the nearest building or structure on an adjoining lot or
lease lot.
| |||
|
{c}
|
Rear setback: eight feet.
| |||
|
{3}
|
Design standards.
| |||
|
{a}
|
Shall match the color and architectural scheme of the dwelling
to which the structure is accessory.
| |||
|
{C}
|
Fences.
| |||
|
{1}
|
Dimensional restrictions.
| |||
|
{a}
|
The height above grade shall be no greater than 36 inches.
| |||
|
{2}
|
Setbacks.
| |||
|
{a}
|
Front setback: zero feet from the lot or lease lot line.
| |||
|
{b}
|
Side setback: zero feet from the lot or lease lot line.
| |||
|
{c}
|
Rear setback: zero feet from the lot or lease lot line.
| |||
[c]
Off-street parking. Each cottage cluster shall
provide additional guest parking for the residential dwellings.
[i]
Required spaces. A minimum of 0.5 guest parking
spaces (rounded up) shall be provided for each dwelling within a cluster.
[ii]
Parking design.
|
{A}
|
Parking shall be buffered in conformance with § 350-48(a)(2)(E)(v).
| |
|
{B}
|
Cluster guest parking areas shall be accessed by alleys only.
| |
|
{C}
|
Should the alley from which the cluster guest parking area is
accessed front both dwellings and open space, the cluster guest parking
area shall be located on the open space side of the alley.
[Amended 3-20-2019 by Ord. No. 1044] | |
|
{D}
|
If provided carports, the carports, including rooflines, shall
match the color and architectural scheme of the closest adjoining
dwelling unit.
| |
|
{E}
|
Parking areas shall be limited to no more than six contiguous
parking spaces.
|
[5]
Nonresidential use lot or lease lot criteria.
[a]
Uses permitted.
[i]
Sales office/association office, the purpose of
which is to provide office support for the sales and/or leasing of
the dwelling lots, and/or the daily operations of the homeowners'
or condominium association.
[ii]
Clubhouse, the purpose of which is to provide
recreational or assembly facilities for the residents and their guests,
within reasonable walking distance of the dwellings to be served.
[iii]
Storage building, the purpose of which is to
provide storage facilities to support the daily operations of the
homeowners' or condominium association.
[b]
Area and bulk regulations:
[i]
Table (A):
|
Primary Use
|
Maximum Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Max Height of Building Structure
(feet)
|
|---|---|---|---|---|---|---|
|
Sales office/association office
|
5,000
|
20
|
10
|
15
|
25
| |
|
Clubhouse
|
15,000
|
20
|
10
|
15
|
25
| |
|
Storage building (as a primary use)
|
5,000
|
20
|
10
|
15
|
15
| |
|
Open space (of any type)
|
n/a
|
[ii]
Dimensional restrictions.
|
{A}
|
The building footprint shall be no greater than 1,200 square
feet.
| |
|
{B}
|
The height shall be no greater than 25 feet.
|
[c]
Design standards.
[i]
Nonresidential uses shall not adjoin a residential
use or a cluster's dedicated open space.
[Amended 3-20-2019 by Ord. No. 1044]
[ii]
Nonresidential uses shall be oriented toward and
or congregated around an area of active open space, such as a close
or square, which is a minimum of 4,500 square feet in area.
[Amended 3-20-2019 by Ord. No. 1044]
[iii]
Access to street or close.
|
{A}
|
Each nonresidential use shall have frontage on a street or close.
|
[iv]
Access to parking.
|
{A}
|
Each nonresidential use shall be provided with and maintain
a minimum thirty-six-inch-wide hardscaped walking path between the
building entrance and the adjoining street or close.
|
[d]
Signage.
[i]
Sales office/association office.
|
{A}
|
One externally illuminated or nonilluminated sign shall be permitted
that is:
| ||
|
{1}
|
Either freestanding or mounted to the face of the building.
| ||
|
{2}
|
If freestanding, no greater than four feet above grade in height.
| ||
|
{3}
|
A maximum of 24 square feet in area.
| ||
|
{4}
|
If freestanding, located within 50 feet of the primary entrance
on the same lot as the building to which the sign refers.
| ||
[ii]
Clubhouse.
|
{A}
|
One externally illuminated or nonilluminated sign shall be permitted
that is:
| ||
|
{1}
|
Either freestanding or mounted to the face of the building.
| ||
|
{2}
|
If freestanding, no greater than four feet above grade in height.
| ||
|
{3}
|
A maximum of 24 square feet in area.
| ||
|
{4}
|
If freestanding, located within 50 feet of the primary entrance
on the same lot as the building to which the sign refers.
| ||
[iii]
Storage building.
|
{A}
|
One nonilluminated sign shall be permitted that is:
| ||
|
{1}
|
Either freestanding or mounted to the face of the building.
| ||
|
{2}
|
If freestanding, no greater than four feet above grade in height.
| ||
|
{3}
|
A maximum of 12 square feet in area.
| ||
|
{4}
|
If freestanding, located within 50 feet of the primary entrance
on the same lot as the building to which the sign refers.
| ||
[e]
Off-street parking.
[i]
Required spaces.
|
{A}
|
Sales office/association office: 1.0 space for every 300 square
feet of useable office area within the building.
| |
|
{B}
|
Clubhouse: 1.0 space for every 150 square feet of any room used
for the assembly of the general public.
| |
|
{C}
|
Storage building: not applicable.
|
[ii]
Parking design.
|
{A}
|
Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v).
| |
|
{B}
|
Off-street parking area shall not be located between the primary
entrance and the fronting street. Should the building front only one
street, the building shall be located between the parking area and
a fronting street.
| |
|
{C}
|
Where possible, the off-street parking area shall be accessed
through an alley.
|
[6]
The cottage cluster's dedicated open space design
standards.
[Amended 3-20-2019 by Ord. No. 1044]
[a]
Purpose of the cottage cluster's dedicated open
space: Areas designated for open space within a cottage cluster shall
be configured to provide useable open space for passive recreation,
community gatherings, and civic interaction by the residents of the
cluster and their guests.
[b]
Design standards.
[i]
Spatial design standards.
|
{A}
|
Minimum area requirements: 500 square feet per dwelling unit
adjoining the cottage cluster's dedicated open space or 3,600 square
feet, whichever is greater.
| |
|
{B}
|
The cottage cluster's dedicated open space shall adjoin only
lots or lease lots containing dwelling units or a hardscaped access
path. The cottage cluster's dedicated open space shall not adjoin
a street or alley.
|
[ii]
Amenities. The cottage cluster's dedicated open
space shall contain at least two of the following:
|
{A}
|
Hardscaped walking paths (in addition to the access path required
in § 350-31(f)(2)(C)(ii)[6][b][iv]
| |
|
{B}
|
Benches.
| |
|
{C}
|
One gazebo which occupies no more than 10% of the cottage cluster's
dedicated open space area. Gazebos shall maintain a five-foot setback
from lot or lease lot lines.
| |
|
{D}
|
One pavilion which occupies no more than 15% of the cottage
cluster's dedicated open space area. Pavilions shall maintain a five-foot
setback from lot or lease lot lines.
| |
|
{E}
|
Additional amenities in character with the cluster shall be
permitted with the approval of the Board of Commissioners. Structures
able to be occupied shall maintain a five-foot setback from lot or
lease lot lines.
|
[iii]
Area boundary delineation. The cottage cluster's
dedicated open space shall be bounded by a wall or fence of a height
between two and three feet above grade, with gates provided for each
access point.
[iv]
Access.
|
{A}
|
A five-foot-wide hardscaped permeable/pervious walking path
shall be entirely located within the cottage cluster's dedicated open
space, entirely located within eight feet of the area boundary delineation
wall or fence, and shall connect to the connecting lot or lease lot
hardscaped walking path via the gate required in Subsection (vi)(b)(3).
| |
|
{B}
|
A minimum five-foot-wide hardscaped permeable/pervious access
path shall be provided from the street or alley to provide access
for maintenance personnel or equipment.
|
[d]
The ownership and maintenance of open space shall
be governed by § 350-58, substituting "cottage housing development"
for "planned residential development" when applying that section to
a cottage housing development.
[e]
The cottage cluster's dedicated open space required herein shall not count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d) for prime open space, unless specifically accepted by the Board of Commissioners.
[f]
The cottage cluster's dedicated open space shall
have no requirement for off-street parking.
[7]
Open space design standards.
[Amended 3-20-2019 by Ord. No. 1044]
[a]
Areas designated for open space (not associated
with a cottage cluster's dedicated open space) shall be configured
to meet the following purposes:
[i]
Maximize the conservation of site features identified
as having environmental, historical or recreational value. Existing
natural features, such as streams, creeks, ponds, woodlands, specimen
trees and other areas of mature vegetation, are encouraged to be preserved
in a natural state wherever possible.
[ii]
Provide links to existing or planned open space
or recreation areas located on abutting lots, including, but not limited
to, pedestrian trails, sidewalks, or greenways. This shall not apply
to open space or recreation located on the opposite side of a collector
or arterial road.
[iii]
Provide useable open space for active and passive
recreation, community gatherings, and civic interaction by the residents
of the development and their guests.
[iv]
Minimize intrusion of views, on and off the site,
through the use of evergreen and deciduous trees, and open space buffers.
[v]
Implement municipal open space and recreation plans,
where such plans have been adopted by the Township.
[vi]
Provide buffers between the development and adjoining
development, parks or protected lands.
[b]
The open space areas shall be interspersed throughout
the residential areas and linked by a common pedestrian system that
is accessible to all residents.
[c]
A maximum of 60% of the open space may contain
floodway, wetlands, or slopes in excess of 25%. Such features shall
not be located within the active open space.
[d]
Open space shall not include inaccessible (i.e.,
fenced and gated) stormwater management basins or easements. Underground
stormwater infiltration areas and spray irrigation fields shall be
permitted within the open space in accordance with the following:
[e]
Minimum dimensions: Any area designated as open
space shall be a minimum of 500 square feet and 50 feet in width,
except in the case of a trail corridor or other linkage between two
larger, noncontiguous, open space areas, which shall be a minimum
of 20 feet in width.
[f]
Active open space shall meet the following standards:
[i]
Maximum grade of 5%;
[ii]
Minimum size for an active open space area is
20,000 square feet;
[iii]
Active open space area(s) shall be centrally
located to a majority of dwelling units within the development.
[iv]
In addition to landscaping in the form of shade
trees, evergreen and deciduous shrubs, and groundcovers, amenities
shall include at least four of the following types of uses, subject
to Township Board of Commissioners approval:
|
{A}
|
Gazebos and pavilions, which shall be set back a minimum of
15 feet from any lot or lease lot line and 30 feet from a street or
alley;
| |
|
{B}
|
Trails, which shall be a paved surface with a minimum of six
feet in width and set back a minimum of five feet from a lot line.
| |
|
{C}
|
Playground equipment, which shall be set back a minimum of 20
feet from a lot line.
| |
|
{D}
|
Playing fields, which shall be set back a minimum of 20 feet
from a lot line.
| |
|
{E}
|
Gazebo and a hardscape plaza. The gazebo shall be located on
a hardscaped plaza. The hardscaped plaza shall be at least 1,000 square
feet in area, set back a minimum of 10 feet from a lot line.
| |
|
{F}
|
Sports courts, which shall be set back a minimum of 20 feet
from a lot line.
| |
|
{G}
|
Bicycle racks. Bicycle racks shall be located on a hardscaped
pads of sufficient size that every bicycle parked at the rack is parked
on a hardscaped surface and connected to a sidewalk and/or walking
trail by a hardscaped path a minimum of six feet in width.
| |
|
{H}
|
Benches, which shall be located on hardscaped pads.
|
[v]
The active open space area shall not include the
sales office/association office, clubhouse, or storage buildings.
[vi]
Off-street parking. Active open space area shall provide off-street parking spaces in accordance with the open space minimum required off-street parking requirements of § 350-48(o)(8). The area provided for such off-street parking spaces shall not be counted as open space.
|
{A}
|
Parking shall be buffered in conformance with § 350-48(o)(2)(E)[v].
| ||
|
{B}
|
Parking areas shall be accessed by alleys only.
| ||
|
{C}
|
Parking areas shall be limited to no more than six contiguous
parking spaces.
| ||
[8]
The ownership and maintenance of open space shall be governed by § 350-32(h), substituting "cottage development" for "planned residential development" when applying that section to a cluster development.[7]
[7]
Editor's Note: Former Subsection (f)(2)(C)(ii)[9], which immediately
followed this subsection, was repealed 3-20-2019 by Ord. No. 1044.
(iii)
Mobile home park.
[1]
MOBILE HOME PARK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A use, characterized as a tract or tracts under single ownership
that has been planned for and is used as the location for two or more
manufactured homes or mobile homes that are occupied as dwellings,
upon lots which are not conveyable and which have been improved with
the necessary utility connections and other appurtenances necessary
for placement thereon of a manufactured home or mobile home. This
definition does not include employee accessory dwelling units or temporary
housing established in response to a federally declared disaster.
[3]
Tract design standards.
[a]
Development options. An applicant may choose from
the following mobile home park options. The options are intended to
provide a direct relationship between the inclusion of desirable facilities
(i.e., more useable open space or open space amenities) that will
benefit the community and incremental increases in permitted development
capacity.
[Amended 3-20-2019 by Ord. No. 1044]
|
Development Option
|
Minimum Tract Size
(acres)
|
Maximum Dwelling Units per Gross Acre
|
Minimum Percentage of Gross Acreage that is Open Space
|
Minimum Percentage of Gross Acreage that is Active Open
Space
|
|---|---|---|---|---|
|
(A)
|
5
|
4.0
|
15%
|
5%
|
|
(B)
|
5
|
5.0
|
20%
|
7.5%
|
|
(C)
|
10
|
5.0
|
15%
|
5%
|
|
(D)
|
10
|
6.0
|
20%
|
7.5%
|
[b]
Access to mobile home sites shall be provided from
interior private streets. To ensure adequate traffic flow and emergency
services access, there shall be one entrance onto a public street,
plus at least one additional entrance onto a public street for every
five acres of the tract.
[c]
All mobile home lots shall be set back 50 feet
from a public road and 75 feet from any other exterior property line.
Such a buffer shall be landscaped in such a way as to provide a visual
screen between the mobile home park and an adjoining use. The area
within the aforementioned setbacks may be used as part of the open
space.
[Amended 3-20-2019 by Ord. No. 1044]
[d]
All utilities serving the park are to be located
below grade.
[e]
Guest off-street parking. Each mobile home lot
or lease lot shall provide additional guest parking for the residential
dwellings.
[i]
Required spaces. A minimum of 1.0 guest parking
spaces shall be provided for each mobile home lot or lease lot within
the park.
[ii]
Parking design.
|
{A}
|
Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v).
| |
|
{B}
|
Parking areas shall be accessed by alleys only.
| |
|
{C}
|
Should the alley from which the guest parking area is accessed
front both dwellings and open space, the guest parking area shall
be located on the open space side of the alley.
[Amended 3-20-2019 by Ord. No. 1044] | |
|
{D}
|
Parking areas shall be limited to no more than six contiguous
parking spaces.
|
[4]
Mobile home lot or lease lot criteria.
[a]
Area and bulk regulations: The mobile home park
shall provide a range of mobile home lot or lease lot sizes in accordance
with the following:
|
Table (1):
| |||||
|---|---|---|---|---|---|
|
Primary Use
|
Lot or Lease Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
|
Mobile home
|
7,200 to 8,400
|
60
|
20
|
10
|
15
|
|
Mobile home
|
8,401 to 9,600
|
70
|
20
|
10
|
15
|
|
Mobile home
|
9,601 to 10,800
|
80
|
20
|
10
|
15
|
|
Mobile home
|
10,801 or more
|
90
|
20
|
10
|
15
|
[b]
Design standards: Each mobile home lot or lease
lot shall conform to the following design standards:
[i]
Access to street.
|
{A}
|
Each lot or lease lot shall have frontage on a private street.
Lots or lease lots may also be served by alleys.
|
[ii]
Access to parking.
|
{A}
|
Each lot or lease lot shall be provided with and maintain a
minimum thirty-six-inch-wide hardscaped walking path between the concrete
foundation or basement and the adjoining private street.
| |
|
{B}
|
Each lot or lease lot shall provide two off-street parking spaces.
|
[iii]
Each
mobile home lot shall be provided a permanent concrete foundation
or basement upon which the mobile home is to be placed and anchored.
[iv]
Accessory buildings or structures. Unless otherwise regulated or prohibited, accessory buildings or structures customary to residential dwellings are permitted, in conformance with § 350-24(c)(8), R-10 High Density Residential Zoning District schedule.
[5]
Nonresidential use lot or lease lot criteria.
[a]
Uses permitted.
[i]
Management office, the purpose of which is to provide
office support for the leasing of the mobile home lots or lease lots,
and/or the daily operations of the mobile home park.
[ii]
Clubhouse, the purpose of which is to provide
recreational or assembly facilities for the residents and their guests,
within reasonable walking distance of the dwellings to be served.
[iii]
Storage
building, the purpose of which is to provide storage facilities to
support the daily operations of the mobile home park.
[b]
Area and bulk regulations:
[i]
Table (A):
|
Primary Use
|
Maximum Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Height of Building Structure
(feet)
|
|---|---|---|---|---|---|---|
|
Management office
|
12,000
|
20
|
10
|
15
|
25
| |
|
Clubhouse
|
20,000
|
20
|
10
|
15
|
25
| |
|
Storage building (as a primary use)
|
5,000
|
20
|
10
|
15
|
15
| |
|
Open space (of any type)
|
n/a
|
[c]
Design standards.
[i]
Nonresidential uses shall not adjoin a residential
use.
[ii]
Nonresidential uses shall be oriented toward and
or congregated around an area of active open space, such as a close
or square, which is a minimum of 4,500 square feet in area.
[Amended 3-20-2019 by Ord. No. 1044]
[iii]
Access
to street or close.
|
{A}
|
Each nonresidential use shall have frontage on a street or close.
|
[iv]
Access to parking.
|
{A}
|
Each nonresidential use shall be provided with and maintain
a minimum thirty-six-inch-wide hardscaped walking path between the
building entrance and the adjoining street or close.
|
[d]
Signage.
[i]
Management office.
|
{A}
|
One externally illuminated or nonilluminated sign shall be permitted
that is:
| ||
|
{1}
|
Either freestanding or mounted to the face of the building;
| ||
|
{2}
|
If freestanding, no greater than four feet above grade in height;
| ||
|
{3}
|
A maximum of 24 square feet in area;
| ||
|
{4}
|
If freestanding, located within 50 feet of the primary entrance
on the same lot as the building to which the sign refers.
| ||
[ii]
Clubhouse.
|
{A}
|
One externally illuminated or nonilluminated sign shall be permitted
that is:
| ||
|
{1}
|
Either freestanding or mounted to the face of the building;
| ||
|
{2}
|
If freestanding, no greater than four feet above grade in height;
| ||
|
{3}
|
A maximum of 24 square feet in area;
| ||
|
{4}
|
If freestanding, located within 50 feet of the primary entrance
on the same lot as the building to which the sign refers.
| ||
[iii]
Storage
building.
|
{A}
|
One nonilluminated sign shall be permitted that is:
| ||
|
{1}
|
Either freestanding or mounted to the face of the building;
| ||
|
{2}
|
If freestanding, no greater than four feet above grade in height;
| ||
|
{3}
|
A maximum of 12 square feet in area;
| ||
|
{4}
|
If freestanding, located within 50 feet of the primary entrance
on the same lot as the building to which the sign refers.
| ||
[e]
Off-street parking.
[i]
Required spaces.
|
{A}
|
Management office: 1.0 space for every 300 square feet of useable
office area within the building.
| |
|
{B}
|
Clubhouse: 1.0 spaces for every 150 square feet of any room
used for the assembly of the general public.
| |
|
{C}
|
Storage building: not applicable.
|
[ii]
Parking design.
|
{A}
|
Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v).
| |
|
{B}
|
Off-street parking area shall not be located between the primary
entrance and the fronting street. Should the building front only one
street, the building shall be located between the parking area and
a fronting street.
| |
|
{C}
|
Where possible, the off-street parking area shall be accessed
through an alley.
|
[6]
Open space design standards.
[a]
Areas designated for open space shall be configured
to meet the following purposes:
[i]
Maximize the conservation of site features identified
as having environmental, historical or recreational value. Existing
natural features, such as streams, creeks, ponds, woodlands, specimen
trees and other areas of mature vegetation are encouraged to be preserved
in a natural state wherever possible.
[ii]
Provide links to existing or planned open space
or recreation areas located on abutting lots, including, but not limited
to, pedestrian trails, sidewalks, or greenways. This shall not apply
to open space or recreation located on the opposite side of a collector
or arterial road.
[iii]
Provide
useable open space for active and passive recreation, community gatherings,
and civic interaction by the residents of the development and their
guests.
[iv]
Minimize intrusion of views, on and off the site,
through the use of evergreen and deciduous trees, and open space buffers.
[v]
Implement municipal open space and recreation plans,
where such plans have been adopted by the Township.
[vi]
Provide buffers between the development and adjoining
development, parks or protected lands.
[b]
The open space areas shall be interspersed throughout
the residential areas and linked by a common pedestrian system that
is accessible to all residents.
[c]
A maximum of 60% of the open space may contain
floodway, wetlands, or slopes in excess of 25%. Such features shall
not be located within the useable open space.
[d]
Open space shall not include inaccessible (i.e.,
fenced and gated) stormwater management basins or easements. Underground
stormwater infiltration areas and spray irrigation fields shall be
permitted within the open space in accordance with the following:
[e]
Minimum dimensions: Any area designated as open
space shall be a minimum of 500 square feet and 50 feet in width,
except in the case of a trail corridor or other linkage between two
larger, noncontiguous, open space areas, which shall be a minimum
of 20 feet in width.
[f]
Active open space shall meet the following standards:
[Amended 3-20-2019 by Ord. No. 1044]
[i]
Maximum grade of 5%;
[ii]
Minimum size for an active open space area is
24,000 square feet;
[iii]
Active
open space area(s) shall be centrally located to a majority of dwelling
units within the development, and shall be surrounded by dwelling
units on a least two sides.
[iv]
In addition to landscaping in the form of shade
trees, evergreen and deciduous shrubs, and groundcovers, amenities
shall include at least four of the following types of uses, subject
to Township Board of Commissioners approval:
|
{A}
|
Gazebos and pavilions, which shall be set back a minimum of
15 feet from any lot or lease lot line and 30 feet from a street or
alley;
| |
|
{B}
|
Trails, which shall be a paved surface with a minimum of six
feet in width and set back a minimum of five feet from a lot line.
| |
|
{C}
|
Playground equipment, which shall be set back a minimum of 20
feet from a lot line.
| |
|
{D}
|
Playing fields, which shall be set back a minimum of 20 feet
from a lot line.
| |
|
{E}
|
Gazebo and a hardscape plaza. The gazebo shall be located on
a hardscaped plaza. The hardscaped plaza shall be at least 1,000 square
feet in area, set back a minimum of 10 feet from a lot line.
| |
|
{F}
|
Sports courts, which shall be set back a minimum of 20 feet
from a lot line.
| |
|
{G}
|
Bicycle racks. Bicycle racks shall be located on a hardscaped
pads of sufficient size that every bicycle parked at the rack is parked
on a hardscaped surface and connected to a sidewalk and/or walking
trail by a hardscaped path a minimum of six feet in width.
| |
|
{H}
|
Benches, which shall be located on hardscaped pads.
|
[v]
The active open space area shall not include the
management office, clubhouse, or storage buildings.
[vi]
Off-street parking. Active open space area shall
provide off-street parking spaces in accordance with the open space
minimum required off-street parking requirements. The area provided
for such off-street parking spaces shall not be counted as open space.
|
{A}
|
Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v).
| ||
|
{B}
|
Parking areas shall be limited to no more than six contiguous
parking spaces.
| ||
[7]
The operator and owner shall be responsible for
maintaining all common facilities including, but not limited to roads,
parking areas, sidewalks or pathways, open space, water supply and
sewage disposal systems and administration and service buildings,
in a condition of proper repair and maintenance. If, upon inspection
by the Zoning Officer or other representative, it is determined that
the mobile home park is not in compliance with this standard or maintenance,
the licensee shall be considered to be in violation of this chapter
and the Zoning Officer shall notify the operator or licensee of the
particulars of any such violation.
[Amended 3-20-2019 by Ord. No. 1044]
[8]
In the event of failure to maintain the facilities
the operator and licensee shall thereafter have 30 days in which to
correct any such violations, except that if the violation is determined
by the Zoning Officer or other representative to constitute a hazard
to the health or safety of the residents of the mobile home park,
he shall order that the violation be corrected forthwith.
[9]
Maintenance guarantee. The licensee of a mobile
home park shall, prior to issuance of any certificate of occupancy
pursuant to final approval of an application, post with the Township
financial security in a form acceptable to the Township to cover the
cost of maintenance of all recreational facilities and other common
facilities.
[10]
Registration of occupants. The owner and operator
has the responsibility of maintaining a register of all occupants
of the mobile home park, and, further, must provide a copy of that
list to the Board of Commissioners and to the Township Tax Collector,
which list must be updated quarterly.
(3)
TND - Commercial Retrofit Overlay District.
(A)
Intent of the overlay district.
(i)
Promote smart growth policies and innovations in
commercial development that foster a greater mix of uses, including
residential uses, within a pedestrian-oriented layout.
(ii)
Promote economic vitality in older or underutilized
commercial centers through greater flexibility and variety in development
options.
(iii)
Promote a more efficient use of land and integration
of uses by enabling increased building heights along major road corridors.
(iv)
Provide dwelling options that do not require an
automobile to fulfill the full array of daily tasks.
(v)
Promote planned nonresidential centers that have
useable open spaces that serve as gathering spaces for patrons.
(vi)
Allow new residential development to serve as
a transition and buffer between new nonresidential development and
existing neighborhoods.
(B)
Eligibility criteria.
(i)
Ownership: The tract of land may be held in single
and separate ownership or by multiple owners; however, when a tract
is held in multiple ownership, it shall be planned as a single entity
with common authority and common responsibility.
(ii)
Minimum tract size: eight acres.
(v)
All applications for development of a tract as
a TND shall be accompanied by, and comply with the Manual of Written
and Graphic Design Standards in Appendix C,[12] as enabled by Section 708-A of the Pennsylvania Municipalities
Planning Code. The applicant may prepare and submit a specific manual
("Applicant's Specific Manual") which shall be subject to Township
approval, pertaining to such specific proposed features as building
location, fencing, walls, landscaping, signs, streets, pedestrian
circulation, parking, lighting and streetscape. The Applicant's Specific
Manual shall be consistent with the design standards in Appendix C
of this chapter.
[12]
Editor's Note: Appendix C is included as an attachment to this chapter.
(C)
Use regulations.
(i)
When an applicant meets the eligibility criteria
for this overlay district and elects to develop pursuant to it, the
following uses are permitted in a TND-Commercial Retrofit in the TND-Commercial
Retrofit Overlay District:
[1]
Apartment as part of a mixed-use building.
[2]
Assisted living facility.
[3]
Mixed-use building.
[4]
Motor vehicle service facility (in accordance with
"Convenience store with fuel pumps" in Appendix C).
[5]
Nursing home.
[6]
Personal service business (in accordance with Appendix
C).
[7]
Pet shop.
[8]
Primary uses permitted in the GC District.
[9]
Retail sales (in accordance with Appendix C).
[10]
Retirement facility.
[11]
Schools, elementary and secondary.
[12]
Service business.
[13]
Single detached dwelling unit (maximum of 20%
of residential units).
[14]
Three-flat.
[15]
Townhouse.
[16]
Two-unit dwellings.
[17]
Veterinarians office.
(ii)
The following uses are permitted as accessory
uses in a TND-Commercial Retrofit in the TND-Commercial Retrofit Overlay
District:
[1]
Those accessory uses listed within the underlying
base zoning district.
[2]
Accessory uses customary to the primary uses not
listed within the underlying base zoning district but listed within
this section.
[3]
Off-street parking: the requirements for off-street parking for the nonresidential uses are to be determined as a coordinated development, see § 350-48(c)(10). For the purposes of this § 350-31(f)(3), delineated parking spaces on public or private streets fronted by the tract developed under this § 350-31(f)(3) shall count as off-street parking spaces.
(iii)
The following uses shall be permitted within
the open space, subject to Township Board of Commissioners approval:
[Amended 3-20-2019 by Ord. No. 1044]
[1]
Gazebos, pavilions, benches, and bicycle racks.
[2]
Playfields, tennis and basketball courts, playground
equipment and the like.
[3]
Paved trails
[4]
Hardscaped plazas.
[5]
Other uses consistent with the character, nature
and purposes of the development's open space, as approved by the Board
of Commissioners.
(D)
Overall development regulations.
[Amended 3-20-2019 by Ord. No. 1044]
|
Development Option
|
Minimum Tract Size (acres)
|
Maximum Dwelling Units per Gross Acre
|
Minimum % of Open Space
|
Minimum % Active Open Space
|
Area of Residential Uses
|
Maximum Lot Areas of Commercial Uses
|
|---|---|---|---|---|---|---|
|
TND-Commercial Retrofit
|
8
|
15
|
15%
|
5%
|
Minimum 10%
Maximum 25%
|
75%
|
(i)
Open space, active open space, and lot areas of commercial uses shall be based upon percentage of the gross acreage of the tract. The minimum designated open space required herein shall count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d), for open space and prime open space, and shall be so dedicated in accordance with § 312-36(d). Any additional open space beyond the required minimum designated open space may also be dedicated in accordance with § 312-36(d) or may be held in private ownership as a low-intensity recreation use.
(ii)
Measurement of lot area of commercial uses shall
be based upon the total lot area of such uses. For purposes of this
calculation, mixed-use buildings (including those with upper-story
apartment units), nursing homes, and any nonresidential or skilled
nursing component of a retirement facility shall count toward the
maximum lot area of commercial uses.
(iii)
Maximum dwelling units per gross acre shall be
based upon the acreage of the residential uses and shall not count
the area of commercial uses.
(E)
Area and bulk regulations.
(i)
Area and bulk regulations:
|
Primary Use
|
Minimum Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
|
|---|---|---|---|---|---|
|
Single detached dwelling unit
|
6,000
|
50
|
8
|
25
|
45%
|
|
Twin
|
4,800/unit
|
40/unit
|
10
|
25
|
50%
|
|
Two-flat
|
8,400
|
70
|
10
|
25
|
50%
|
|
Three-flat
|
12,000
|
100
|
10
|
25
|
55%
|
|
Townhouse
|
2,800
|
20/unit
|
15
|
45
|
65%
|
|
Commercial uses
|
20,000
|
100
|
5
|
20
|
75%
|
|
Mixed-use building
|
15,000
|
90
|
10
|
20
|
75%
|
[1]
Lot width of single detached dwellings shall vary
from lot to lot, so that not more than three adjoining residential
lots may have the same width in order to induce variety in the layout
of the plan. To meet the purposes of this section, the lot width shall
vary by a minimum of five feet from an adjoining lot.
[2]
Accessory uses and structures shall be set back
in accordance with the Zoning District Schedule of the base zoning
district.
(iii)
Building height:
[1]
Residential minimum: 20 feet.
[2]
Residential maximum: 35 feet.
[3]
Nonresidential minimum: two stories or 20 feet.
[4]
Nonresidential (including mixed-use buildings)
maximum: Unless otherwise permitted by the underlying base zoning
district at that location, three stories or 45 feet, except that:
[a]
Up to four stories or 60 feet may be permitted
along arterial and collector roads in the overlay district, so long
as any portion of a building that exceeds 35 feet in height shall
be located a minimum of 300 feet from any lot line abutting an existing
residential district or use that is not included in the same TND application
as the building.
[b]
Up to five stories or 75 feet may be permitted
within 2,000 feet of the intersection of Cedar Crest Boulevard and
Route 22, so long as any portion of such building that exceeds 60
feet in height shall be located a minimum of 500 feet from any lot
line abutting an existing residential district or use that is not
included in the same TND application as the building.
(iv)
Building separation distances (between buildings
on the same lot).
[1]
A minimum distance of 12 feet shall separate all
single detached dwellings and two-unit dwellings from one another.
[2]
Townhouses and three-flat dwellings shall be separated
from single detached dwelling unit/twins/two-flat, and other townhouses
or three-flats by a minimum of 15 feet.
[3]
Nonresidential buildings shall have a minimum separation
distance of 20 feet to any other principal freestanding building.
(v)
Buffer strips and yards.
[1]
Buffers shall be planted in accordance with § 350-42(b). At locations where the underlying base zoning district is residential, the required buffer shall be twice the width normally required where abutting an existing residential use.
[2]
Nonresidential primary use buildings shall be set
back a minimum of 40 feet from any perimeter lot line abutting existing
residential uses or districts. Unless abutting a residential use,
nonresidential primary use buildings along the perimeter lot line
shall utilize the same setbacks along the perimeter lot line as required
by the adjoining nonresidential district.
[3]
Residential primary use buildings shall be set
back a minimum of 40 feet from any perimeter lot line abutting existing
nonresidential uses or districts. Unless abutting a nonresidential
use, residential primary use buildings along the perimeter lot line
shall utilize the same setbacks along the perimeter lot line as required
by the adjoining residential district.
(F)
Design standards and development regulations.
(i)
The design standards in Appendix C[13] shall apply to the building location, building height,
Main Street environment, parking location, alleys, public realm, and
streetscape of the TND-Commercial Retrofit.
[13]
Editor's Note: Appendix C is included as an attachment to this chapter.
(iii)
Commercial area development regulations.
[1]
A minimum of 30% of the nonresidential floor area
shall be located in mixed-use buildings.
[2]
A minimum of 60% of the commercial or mixed-use
floor area shall be designed in accordance with the design standards
(Appendix C), and oriented towards a green, plaza or square and/or
towards a close. The minimum area of the aforementioned "central plaza"
or "central green" shall be:
[3]
Parking shall be located to the side or rear of
a commercial use. No parking shall be located between the commercial
building and the street.
[4]
All anchor stores, drive-through facilities, motor
vehicle service facilities, and parking garages shall be designed
in accordance with Appendix C, Lot Diagrams, whether or not located
in a Main Street environment.
(4)
TND - Industrial Retrofit and Infill Overlay District.
(A)
Intent of the overlay district.
(i)
Promote smart growth policies and innovations in
industrial development that fosters a greater mix of uses, including
limited residential uses, and increased connectivity within a site.
(ii)
Promote economic vitality and increase the Township's
employment and tax base by encouraging expanded and new, light industrial
development.
(iii)
Promote a more efficient use of vacant and underutilized
industrial land by providing greater flexibility in development options
and increased building heights along major road corridors.
(iv)
Promote planned nonresidential centers that have
useable open spaces and pedestrian gathering areas that contribute
to the Township's open space network, and streetscapes that contribute
to the beauty and function of the Township.
(v)
Allow new residential development to serve as a
transition area between new nonresidential development and existing
neighborhoods.
(B)
Eligibility criteria.
(i)
Ownership: The tract of land may be held in single
and separate ownership or by multiple owners; however, when a tract
is held in multiple ownership, it shall be planned as a single entity
with common authority and common responsibility.
(ii)
Minimum tract size: 25 acres.
(v)
All applications for development of a tract as
a TND shall be accompanied by and comply with the Manual of Written
and Graphic Design Standards in Appendix C,[16] as enabled by Section 708-A of the Pennsylvania Municipalities
Planning Code. The applicant may prepare and submit a specific manual
("Applicant's Specific Manual") which shall be subject to Township
approval, pertaining to such specific proposed features as building
location, fencing, walls, landscaping, signs, streets, pedestrian
circulation, parking, lighting and Streetscape. The Applicant's Specific
Manual shall be consistent with the design standards in Appendix C
of this chapter.
[16]
Editor's Note: Appendix C is included as an attachment to this chapter.
(C)
Area regulations.
[Amended 3-20-2019 by Ord. No. 1044]
|
Development Option
|
Minimum Tract Size
(acres)
|
Maximum Dwelling Units per Gross Acre
|
Minimum % of Open Space
|
Minimum % Active Open Space
|
Area of Residential Uses
|
Area of Commercial Uses
|
Area of Industrial Uses
|
|---|---|---|---|---|---|---|---|
|
TND-Industrial Retrofit and Infill
|
25
|
8
|
15%
|
5%
|
Maximum 10%
|
Maximum 35%
|
Maximum 85%
|
(i)
Open space, active open space, and areas of industrial and commercial uses shall be based upon percentage of the gross acreage of the tract. The minimum designated open space required herein shall count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d), for open space and prime open space, and shall be so dedicated in accordance with § 312-36(d). Any additional open space beyond the required minimum designated open space may also be dedicated in accordance with § 312-36(d) or may be held in private ownership as a low-intensity recreation use.
(ii)
Measurement of area of industrial and commercial
uses shall be based upon the lot area. Mixed-use buildings shall count
toward the maximum area of industrial or commercial uses.
(iii)
Maximum dwelling units per gross acre shall be
based upon the acreage of the area of residential uses.
(D)
Use regulations.
(i)
The following uses are permitted in an industrial
retrofit and infill TND in the Industrial Retrofit and Infill TND
Overlay District:
[1]
Apartment as part of a mixed-use building.
[2]
Apartment building (in accordance with § 350-24(c)(8), Zoning District Schedule: High Density Residential R-10, as appropriate).
[Amended
[3]
Assisted living facility.
[4]
Bank.
[5]
Business and professional office.
[6]
Day-care center.
[7]
Educational institutions.
[8]
Hotel or motel.
[9]
Manufacturing.
[10]
Medical office.
[11]
Mixed-use building.
[12]
Motor freight terminal [in accordance with § 350-48(m)(6)].
[13]
Motor vehicle service facility (in accordance
with "Convenience Store with Fuel Pumps" in Appendix C).
[14]
Printing, binding and publishing.
[15]
Public uses.
[16]
Recreation facility.
[17]
Recreation, low-intensity.
[18]
Recreation, high-intensity.
[19]
Research and development.
[20]
Service business.
[21]
Two-unit dwelling.
[22]
Utility distribution and service facilities.
[23]
Warehousing and distribution [in accordance with § 350-48(w)(1)].
[24]
Wholesale sales.
(ii)
The following uses are permitted as accessory
uses in an industrial retrofit and infill TND in the Industrial Retrofit
and Infill TND Overlay District:
[1]
Those accessory uses listed within the underlying
base zoning district.
[2]
Accessory uses customary to the primary uses not
listed within the underlying base zoning district but listed within
this section.
[3]
Off-street parking: the requirements for off-street parking for the nonresidential uses are to be determined as a coordinated development, see § 350-48(c)(10). For the purposes of this § 350-31(f)(4), delineated parking spaces on public or private streets fronted by the tract developed under this § 350-31(f)(4) shall count as off-street parking spaces.
(iii)
The following uses shall be permitted within
the open space:
[Amended 3-20-2019 by Ord. No. 1044]
[1]
Gazebos, pavilions, benches, and bicycle racks.
[2]
Playfields, tennis and basketball courts, playground
equipment and the like.
[3]
Paved trails.
[4]
Hardscaped plazas.
[5]
Other uses consistent with the character, nature
and purposes of the development'sOpen Space, as approved by the Board
of Commissioners.
(E)
Area and bulk regulations.
(i)
Area and bulk regulations:
|
Primary Use
|
Minimum Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
|
|---|---|---|---|---|---|
|
Single detached dwelling unit
|
6,000
|
60
|
8
|
25
|
45%
|
|
Two-unit dwelling
|
4,800/unit
|
40/unit
|
10
|
25
|
50%
|
|
Two-flat
|
8,400
|
70
|
10
|
25
|
50%
|
|
Townhouse
|
2,800/unit
|
20
|
15
|
45
|
65%
|
|
Three-flat dwelling
|
12,000
|
100
|
10
|
25
|
55%
|
|
Apartment building
|
No limit
|
100
|
20
|
25
|
65%
|
|
Commercial/industrial uses
|
1 acre
|
100
|
20
|
30
|
75%
|
|
Mixed-use building
|
15,000
|
90
|
10
|
20
|
75%
|
(iii)
Building height:
[1]
Residential minimum: 20 feet.
[2]
Residential maximum: 35 feet.
[3]
Nonresidential minimum: two stories or 20 feet.
[4]
Nonresidential maximum: Unless otherwise permitted
by the underlying base zoning district at that location, three stories
or 45 feet; except that along arterial and collector corridors, a
maximum of four stories or 60 feet may be built, so long as any portion
of a building in excess of 35 feet in height shall be set back a minimum
of 300 feet from any lot line abutting an existing residential district
or use, not included in the same TND application as the building.
(iv)
Building separation distances (between buildings
on the same lot).
[1]
A minimum distance of 12 feet shall separate all
single detached dwelling unit and semi-detached/two-flat residential
dwellings from one another.
[2]
Townhouses and three-flat dwellings shall be separated
from single detached dwelling unit/two-unit dwellings, and other townhouses
or three-flat dwellings by a minimum of 15 feet.
[3]
Apartment buildings shall be separated from any
other residential building type by a minimum of 20 feet.
[4]
Nonresidential buildings shall have a minimum separation
distance of 20 feet to any other principal freestanding building groups.
(v)
Buffer strips. Buffers shall be planted in accordance with § 350-42(b). At locations where the underlying base zoning district is residential, the required buffer shall be twice the width normally required where abutting an existing residential use.
(vi)
Residential uses.
[1]
All residential uses shall be used as a transition
between commercial and industrial uses and existing residential areas,
and therefore shall be located adjacent to existing residential development
on adjoining lots.
[2]
Where proposed, residential uses shall be separated
from any manufacturing, warehousing, freight terminal, or other industrial
uses by a minimum of 600 feet. Private streets serving residential
areas shall be signed so as to prohibit through traffic for trucks.
(5)
Active Adult Neighborhood Development Overlay — AAND-O
(A)
Overlay District Schedule.
[Amended 2-1-2023 by Ord. No. 1072]
|
AAND-O Uses Permitted12
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Area
(square feet)
|
Frontage
(feet)
|
Front to Private or Public Street Cartway
(feet)15
|
Sides to Lot Lines
(feet)
|
Rear to Lot Lines
(feet)
|
Minimum Floor Space per Unit
(square feet)
|
Maximum Units per Building
|
Maximum Height of Building Structure
(feet)
| |
|
Primary Uses
| ||||||||
|
Single-family detached dwelling
|
5,500
|
50
|
20
|
13 & 14
|
2014
|
900
|
1
|
40
|
|
Twins
|
3,500
|
32.5
|
20
|
13 & 14
|
2014
|
800
|
2
|
40
|
|
Business/professional office
|
20,000
|
100
|
25
|
15
|
15
|
n/a
|
n/a
|
35
|
|
Medical office
|
20,000
|
100
|
25
|
15
|
15
|
n/a
|
n/a
|
35
|
|
Restaurant, sit-down
|
20,000
|
100
|
25
|
15
|
15
|
n/a
|
n/a
|
35
|
|
Community center16
|
1 acre
|
100
|
20
|
13 & 14
|
2014
|
17
|
n/a
|
35
|
|
Temporary real estate sales office
|
3,500
|
32.5
|
20
|
13 & 14
|
20
|
n/a
|
n/a
|
35
|
|
Temporary construction site trailer19
|
3,500
|
32.5
|
20
|
13 & 14
| ||||
|
Accessory Uses
| ||||||||
|
Tennis court
|
n/a
|
n/a
|
60
|
15
|
10
|
n/a
|
n/a
|
n/a
|
|
Swimming pool
|
n/a
|
n/a
|
60
|
15
|
10
|
n/a
|
n/a
|
n/a
|
|
Swimming pool, portable
|
n/a
|
n/a
|
60
|
15
|
10
|
n/a
|
n/a
|
n/a
|
|
Swimming pool, residential
|
n/a
|
n/a
|
60
|
15
|
10
|
n/a
|
n/a
|
n/a
|
|
Walking and bicycle paths
|
n/a
|
n/a
|
5
|
5
|
5
|
n/a
|
n/a
|
n/a
|
|
Golf/putting/chipping area
|
n/a
|
n/a
|
60
|
15
|
10
|
n/a
|
n/a
|
n/a
|
|
Shuffle board courts
|
n/a
|
n/a
|
60
|
15
|
10
|
n/a
|
n/a
|
n/a
|
|
Garage/carport, private
|
n/a
|
n/a
|
20
|
13
|
20
|
n/a
|
n/a
|
n/a
|
|
Gazebo
|
n/a
|
n/a
|
60
|
13
|
20
|
n/a
|
n/a
|
n/a
|
|
Geoexchange energy systems
|
Subject to the provisions of § 350-48(g)(3)
| |||||||
|
Greenhouse, private
|
n/a
|
n/a
|
60
|
13
|
20
|
n/a
|
n/a
|
n/a
|
|
Home-based business, no-impact
|
Subject to the provisions of § 350-48(h)(5)
| |||||||
|
Residential solar energy systems
|
Subject to the provisions of § 350-48(s)(13)
| |||||||
|
Small wind energy systems (roof-mounted)
|
Subject to the provisions of § 350-48(w)(7)
| |||||||
|
Storage buildings
|
n/a
|
n/a
|
60
|
13
|
20
|
n/a
|
n/a
|
n/a
|
|
Signs
|
Subject to the provisions of § 350-48(s)(10)
| |||||||
|
Administrative offices for the management of an active adult
neighborhood development
|
3,500
|
32.5
|
20
|
13 & 14
|
20
|
n/a
|
n/a
|
35
|
|
Community center, off-street parking and access drives18
|
n/a
|
n/a
|
25
|
15
|
15
|
n/a
|
n/a
|
n/a
|
|
Nonresidential primary use off-street parking and access drives18
|
n/a
|
n/a
|
25
|
15
|
15
|
n/a
|
n/a
|
n/a
|
|
Guest parking areas and access drives18
|
n/a
|
n/a
|
25
|
15
|
15
|
n/a
|
n/a
|
n/a
|
|
Maximum impervious lot coverage of nonresidential uses: 75%.
| |
|
Maximum impervious lot coverage of residential uses: See § 350-44(c)
| |
|
12
|
The uses listed in this chart are only permitted if the uses are a part of an active adult neighborhood development, subject to the provisions of this § 350-31(f)(5). Two or more of the above listed nonresidential primary uses and residential uses in an active adult neighborhood development that is developed as a condominium are permitted on the same lot as part of an active adult neighborhood development. Nonresidential primary uses and residential uses in an active adult neighborhood development that is developed as a condominium are exempt from any ordinance provision which limits a single lot to one primary use.
|
|
13
|
There is no individual side yard setback; however, both side
yard setbacks combined must equal or exceed 15 feet, and provided
that no side yard setback is less than five feet.
|
|
14
|
Except for patios, decks, porches, entryways, porch/entryway
roofs, bay windows, and fireplaces which may extend into the rear
and/or side yard setback provided that the patios, decks, porches,
entryways, porch/entryway roofs, bay windows, and fireplaces are no
closer than five feet to the rear and/or side lot line.
|
|
15
|
The front yard setback shall be measured from the cartway; however,
where there is a sidewalk located between the building or structure
and the cartway the front yard setback shall be measured from the
edge of the sidewalk closest to the building or structure.
|
|
16
|
A community center may have associated with it as accessory
uses the several recreational accessory uses provided for in this
section.
|
|
17
|
A community center shall provide 20 square feet of interior
building space for each dwelling unit within the active adult neighborhood
development.
|
|
18
|
Off-street parking and access drives for the community center,
and nonresidential primary uses shall provide a ten-foot setback from
all residential property lines, except where an access drive intersects
with a public or private street.
|
|
19
|
Temporary construction site trailer shall comply with the provisions of § 350-48(t)(1).
|
(B)
Intent. The purpose of this district is to provide housing and
recreational facilities for "older persons" as that term is defined
in the Federal Fair Housing Act, as amended, and in regulations promulgated
(or to be promulgated) thereunder, on tracts of land that are consistent
with an environment for housing and permitted amenities for "older
persons." This district recognizes that compared to housing that is
not age-restricted, households with persons aged 55 and older without
minor children: a) do not create burdens upon the public school system,
b) create little demand for athletic fields, c) generate less traffic,
d) involve lower water and sanitary sewage flows, and e) need fewer
parking spaces. This district recognizes the sense of community and
lessened private maintenance responsibilities associated with homes
being located closer together than in most other single-family-home
developments not involving a community owners' association. In addition,
this district seeks to conform to the South Whitehall Township Comprehensive
Plan by encouraging the creation of neighborhoods. The active adult
neighborhood development allows for mix of age-restricted residential
development along with neighborhood-appropriate commercial uses that
fosters a sense of place and encourages walkability.
(C)
Overlay district. The AAND-O is an overlay zoning district.
Therefore, the underlying base zoning districts remain in full force
and effect and shall apply when a property is not developed utilizing
the provisions of the AAND-O. However, the provisions of the AAND-O,
and not those of the underlying base zoning districts, shall apply
to all zoning, subdivision, and land development applications submitted
for approval under the AAND-O.
(D)
Age-restricted requirements. An active adult neighborhood development
("AAND") shall be designed and operated for occupancy by persons 55
years of age or older in accordance with the following requirements:
(i)
The AAND shall be age-qualified in accordance with
the Federal Fair Housing Act. Specifically, an AAND shall meet the
requirements for a development to be considered as "housing for older
persons" and "intended and operated for occupancy by persons 55 years
of age or older", as those terms are defined and limited in Section
805(d)(2)(c) of the Fair Housing Amendment Act of 1988, 42 U.S.C.
§ 3607(b)(2)(c), as amended, and regulations promulgated
(or promulgated in the future) thereunder (the "Fair Housing Act").
(ii)
The residential portion of every AAND shall be
organized as a common interest community association as either a homeowners'
association under the Uniform Planned Communities Act, 68 Pa.C.S.A.
§ 5101 et seq., or condominium association under the Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq., whose members
shall consist of all unit owners, which association shall maintain
commonly owned areas, private streets, recreation areas, open space
facilities, and other common facilities. All unit owners in an AAND
shall be required to pay necessary fees to the homeowners' or condominium
association, with a proper enforcement mechanism as provided by state
law. The declaration of the planned community or condominium for the
residential portion of the AAND shall provide and require that the
residential portion of the AAND qualifies and remains qualified as
a development providing housing for older persons as that term is
defined under the Fair Housing Act.
(E)
Accessory uses. In addition to the accessory uses listed in § 350-31(f)(5), the following accessory uses shall be permitted in an AAND:
(F)
Dimensional requirements. The dimensional requirements for an AAND shall be in lieu of all other dimensional requirements set forth in this chapter and also in lieu of all other dimensional requirements in Township ordinances to the extent such requirements are addressed herein; if the dimensional requirements of § 350-31(f)(5)(A) or this section conflict with one or more dimensional requirements otherwise applicable under Township ordinances, the provisions of § 350-31(f)(5)(A) shall apply. The following dimensional requirements shall be observed for an AAND:
(i)
Tract size. The minimum tract size shall be 40 acres, which shall be owned or controlled (such as being under an agreement to purchase) by a single party at the time of the land development application. The tract size of an AAND shall include the residential and nonresidential components of the development. The uses listed at § 350-31(f)(5)(A) shall only be developed as part of an AAND, and cannot be developed independently under the AAND-O.
(ii)
Density. The maximum density shall be five dwelling
units per gross acre of tract size for the development. Areas intended
for recreational uses, nonresidential component, buildings, proposed
streets, wooded areas, utility easements, buffer areas, stormwater
detention/retention pond areas and other areas of the tract shall
not be deleted from the gross tract area for the purposes of determining
maximum density.
(iii)
Buffer yard. Buffering shall not be required
in an AAND, except for the buffering required for the parking areas
associated with the community center and the nonresidential component
of the AAND.
(iv)
Conditional use. All applications to create an AAND shall require conditional use approval to establish compliance with this § 350-31(f)(5).
(v)
Lot lines. Each dwelling in an AAND may be owned as a unit within a condominium without the requirement for individual lot lines. Condominiums with lot lines, and planned communities shall comply with the setback requirements for an AAND. For a condominium without lot lines, the following dimensional requirements for the dwelling units and community center shall apply in lieu of § 350-31(f)(5)(A):
[1]
Front yard setback from public or private street
cartway: 20 feet.
[2]
Distance between the sides two of buildings: 15
feet.
[3]
Distance between rear of one building and the side
of another building: 25 feet.
[4]
Distance between the rear of two buildings: 40
feet.
[5]
Patios, decks, porches, entryways, porch/entryway
roofs, bay windows, and fireplaces may extend into building setbacks,
but in no case shall patios, decks, porches, entryways, porch/entryway
roofs, bay windows, and fireplaces be closer than five feet from the
perimeter of the AAND tract, or 12.5 feet from a dwelling unit other
than the dwelling unit or community center to which the patio, deck,
porch, entryway, porch/entryway roof, bay window, or fireplace is
ancillary.
(G)
Additional performance standards.
(i)
Recreation requirements. A common community center
shall be constructed by the developer with private recreation facilities
for the residents of the AAND and their invited guests.
[1]
Community center amenities. A community center
shall as a minimum include a multipurpose room and at least one of
the following other recreational facilities: activity room, common
dining area, kitchen area, craft room, fitness room, lounge or another
similar recreational facility or area for members of the community
and their invited guests.
[2]
Community center parking. The community center
shall provide one parking space for each 125 square feet of the community
center building.
[3]
Community center buffering. Parking areas associated
with the community center shall have the following buffer strips:
[a]
A fifteen-foot-wide buffer strip along property
line of an adjacent residential use. Buffering is not required between
the community center and a residential use within the AAND community.
[b]
The buffer strip shall consist of dense hedges
of deciduous plants and at least 50% evergreen plantings. The plants
shall be a minimum of five feet above ground level at the time of
planting.
[c]
The buffer strip may be located within side and
rear yard setbacks.
[4]
Community center impervious coverage. The maximum
amount of impervious coverage for the community center lot shall be
75%.
[5]
Community center usage. Access to the community
center shall be restricted to the residents of the AAND community
and their invited guests. The community center shall not be open to
the general public, and the AAND community is prohibited from providing
or selling memberships, passes, or otherwise providing access to persons
other than the residents of the AAND and their invited guests.
[6]
Tennis court illumination. Tennis courts which
are accessory to the community center are permitted to be illuminated.
(ii)
Roads.
[1]
Internal streets within an AAND may be public and/or
privately owned and maintained. An AAND is permitted to have a combination
of public and private streets, and a single street may change from
public to private at some point along its length.
[2]
Internal private streets within the residential
portion of an AAND may be, but are not required, to be gated.
(iii)
Parking. Each dwelling unit shall have a minimum
of two off-street parking spaces.
(iv)
Aesthetics. The visible front facade of all dwellings
within the AAND shall consist of or be some combination of brick,
stucco, stone, wood, other natural materials, or other materials which
replicate natural materials.
(H)
Nonresidential component. Every AAND is permitted to include
a nonresidential component of the development. The nonresidential
component of an AAND is subject to the following requirements:
(i)
Percentage of tract. The nonresidential component
shall not occupy more than 10% of the gross tract area of the AAND.
(ii)
Location of nonresidential component. The nonresidential
component of the AAND shall be located along the perimeter of the
tract adjacent to the street or streets with the highest (most intense)
classification under the Township's Official Map.
(iii)
Separate lot and ownership. The nonresidential
uses can be located on separate lots and held under separate ownership
from the residential portion of an AAND. There is no requirement that
the nonresidential component be a member of any homeowners' association
or condominium association covering the residential portion of an
AAND.
(iv)
Permitted uses. The nonresidential component of
an AAND may include any of the uses listed in § 350-35(f)(5)(A)
including a combination of more than one of the listed uses in the
same building or structure.
(v)
Buffers. Parking areas associated with the nonresidential
component of an AAND shall have the following buffer strips:
[1]
A fifteen-foot-wide buffer strip along adjacent
property line of a residential use.
[2]
The buffer strip shall consist of dense hedges
of deciduous plants and at least 50% evergreen plantings. The plants
shall be a minimum of five feet above the adjacent ground at the time
of planting.
[3]
The buffer strip may be located within side and
rear yard setbacks.
(vi)
Parking. The nonresidential component of an AAND
shall provide off-street parking as follows:
(I)
Signs. Signs are permitted within the AAND subject to the following
provisions:
(i)
Community center signs.
[1]
An AAND community center is permitted to have one
permanent illuminated or nonilluminated sign identifying the community
center ("community center sign").
[2]
Maximum area of community center sign: 50 square
feet.
[3]
Maximum height of community center sign: eight
feet.
[4]
The community center sign shall be not less than
five feet from the ultimate right-of-way, provided that it is not
within the clear sight triangle.
(ii)
Nonresidential signs.
[1]
The nonresidential portion of an AAND is permitted
to have the following signs:
[a]
Illuminated or nonilluminated signs attached and
parallel with or painted on the face of the building not to exceed
10% of the building face, or 300 square feet in area, whichever is
greater.
[b]
One illuminated or nonilluminated freestanding
sign not to exceed 100 square feet in area.
[c]
Nonresidential signs shall be set back five feet
from the ultimate right-of-way, provided that it is not within the
clear sight triangle.
(g)
Open space design
standards.
[Amended 3-20-2019 by Ord. No. 1044]
(1)
Areas regulated by Sections 350-31(f)(2), (3), and (4) and designated for open space shall be configured to meet the following purposes:
(A)
Maximize the conservation of site features identified as having
environmental, historical or recreational value. Existing natural
features, such as streams, creeks, ponds, woodlands, specimen trees
and other areas of mature vegetation shall be preserved in a natural
state wherever possible.
(B)
Provide links to existing or planned open space or recreation
areas located on abutting lots, including, but not limited to, pedestrian
trails, sidewalks; or greenways. This shall not apply to open space
or recreation located on the opposite side of a collector or arterial
road.
(C)
Provide useable space for active and passive recreation, community
gatherings, and civic interaction by the residents or employees of
the TND and their guests.
(D)
Minimize intrusion of views, on and off the site, through the
use of evergreen and deciduous trees, and open space buffers.
(E)
Implement municipal open space and recreation plans, where such
plans have been adopted by the Township.
(F)
Provide buffers between the TND development and adjacent development,
adjoining parks or protected lands, where appropriate.
(2)
The open space areas shall be interspersed throughout the residential
and nonresidential areas and linked by a common pedestrian system
that is accessible to all residents.
(3)
A maximum of 60% of the open space may contain floodway, wetlands,
or slopes in excess of 25%. Such features shall not be located within
the active open space.
(A)
Accessible artificial wetlands, such as (i) rain gardens, (ii)
wet-bottom retention or detention basins or (iii) similar stormwater
management best management practices, shall be permitted within the
60% of the open space. Other stormwater management facilities, including
but not limited to traditional, grass-bottomed stormwater detention
basins, shall not be permitted in open space. Similarly, any artificial
wetlands areas that are enclosed with fencing or are otherwise inaccessible
shall not be permitted in open space.
(4)
Minimum designated open space shall not include storm water
management basins or easements. Underground stormwater infiltration
areas and spray irrigation fields shall be permitted within the minimum
designated open space in accordance with the following:
(5)
Minimum dimensions: Any area designated as open space shall
be a minimum of 500 square feet and 50 feet in width, except in the
case of a trail corridor or other linkage between two larger, noncontiguous,
open space areas, which shall be a minimum of 20 feet in width.
(6)
Active open space: The minimum percentage of the total tract
area that is designed as active open space in accordance with TND
Overlay District shall count toward the minimum designated open space,
and shall meet the following standards:
(A)
Maximum grade of 5%;
(B)
Open space for passive recreation and pedestrian gathering shall
be provided;
(C)
In a residential cluster TND, a minimum of 50% of the active
open space shall be in the form of a green, square, plaza or close,
and shall be centrally located to a majority of dwelling units within
the development. Such central open space shall be surrounded by dwelling
units or mixed-use buildings on at least two sides.
(D)
Active open space in the TND-Commercial Retrofit or TND-Industrial
Retrofit: At least one open space area shall be centrally located
among the nonresidential buildings. This "central plaza" or "central
green" shall be lined by buildings on at least two sides. Where a
Main Street environment is provided, such open space shall be located
adjacent to the Main Street environment. The minimum area of the aforementioned
"central plaza" or "central green" shall be:
(E)
In addition to landscaping in the form of shade trees, evergreen
and deciduous shrubs, and groundcovers, amenities shall include at
least four of the following types of uses, subject to Township Board
of Commissioners approval:
(i)
Gazebos and pavilions, which shall be set back
a minimum of 15 feet from any lot or lease lot line and 30 feet from
a street or alley;
(ii)
Trails, which shall be a paved surface with a
minimum of six feet in width and set back a minimum of five feet from
a lot line.
(iii)
Playground equipment, which shall be set back
a minimum of 20 feet from a lot line.
(iv)
Playing fields, which shall be set back a minimum
of 20 feet from a lot line.
(v)
Gazebo and a hardscape plaza. The gazebo shall
be located on a hardscaped plaza. The hardscaped plaza shall be at
least 1,000 square feet in area, set back a minimum of 10 feet from
a lot line.
(vi)
Sports courts, which shall be set back a minimum
of 20 feet from a lot line.
(vii)
Bicycle racks. Bicycle racks shall be located
on hardscaped pads of sufficient size that every bicycle parked at
the rack is parked on a hardscaped surface and connected to a sidewalk
and/or walking trail by a hardscaped path a minimum of six feet in
width.
(viii)
Benches, which shall be located on hardscaped
pads.
(F)
Off-street parking. Active open space area shall provide off-street
parking spaces in accordance with the open space minimum required
off-street parking requirements. The area provided for such off-street
parking spaces shall not be counted as open space.
(G)
The ownership and maintenance of open space shall be governed by § 350-32(h), substituting "TND" for "planned residential development" and "open space" for "common open space" when applying that section to a TND.
(H)
The open space required herein for a TND shall count toward open space required by Subdivision and Land Development Ordinance § 312-36(d).
(I)
Open space shall be developed in accordance with Appendix C.[18]
[18]
Editor's Note: Appendix C is included as an attachment to this chapter.
(a)
Short title. This section shall be known and may be cited as the
South Whitehall Township Planned Residential Development Ordinance.
(b)
Purpose. The purposes of this section are:
(1)
To insure that the objectives of the South Whitehall Township
Comprehensive Plan are fulfilled.
(2)
To encourage innovations in residential developments so that
the growing demand for housing may be met by greater variety and maximum
choice in the type, design, and layout of dwellings, and by the conservation
and efficient use of open space ancillary to said dwellings.
(3)
To provide through the above innovations greater opportunities
for better housing and recreation for existing and potential residents
of South Whitehall Township.
(4)
To encourage more efficient use of land and services and to
reflect changes in the technology of land development so that the
economy secured may ensure to the benefit of those who need homes.
(5)
To encourage more flexible land development which will respect
and conserve natural resources such as streams, lakes, floodplains,
wooded areas, steeply sloped areas, areas of unusual beauty, and areas
of importance to the natural environment.
(6)
To provide a procedure which can relate the type, design, and
layout of the residential development to the particular site and the
particular demand for housing existing at the time of development
in a manner consistent with the preservation of the property values
within the existing residential areas and to assure that the increased
flexibility of regulations over land development established hereby
is carried out pursuant to sound, expeditious, and fair administrative
standards and procedures.
(c)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
(1)
AVERAGE GROSS RESIDENTIAL DENSITY
COMMON OPEN SPACE
DEVELOPMENT PLAN
ORGANIZATION
PRELIMINARY PLAN
STAGE
For the purpose of this section, all definitions except those listed below shall be the same as those found in South Whitehall Township's Zoning Ordinance as amended. (See § 350-05 herein.)
The number of dwelling units per acre in a planned residential
development, computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development.
A parcel or parcels of land within the PRD designed and intended
for the use of residents of the PRD or their guests.
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
apace and public facilities. The phrase "provisions of the development
plan" when used in this section shall mean the written and graphic
materials referred to in this definition.
A corporation, association, trust, foundation, fund, or a
group of persons, suitably organized or associated to insure the improvement,
maintenance, and preservation of public open space and/or common open
space.
Tentative approval as defined and used in the Pennsylvania
Municipalities Planning Code.
A section or sections of the planned residential development
in which a developer proposes to commence development at the same
time, as indicated in the development plan for the PRD and as part
of a timetable for development of a PRD over a period of years.
(d)
Applicability. The provisions of this section shall govern and control
the approval of any proposed planned residential development exclusively.
Except as otherwise provided in this section, provisions contained
in the Zoning Ordinance shall apply to a planned residential development
and the procedures established in this section shall be the exclusive
procedures to be followed in obtaining approval of a planned residential
development. Any proposed PRD shall be subject to the review procedure
as established by this section and the development standards as established
in this section and the South Whitehall Township Subdivision Regulations.[1] In case of duplication or conflict between provisions
of this section and provisions of the Subdivision Regulations, the
more stringent provisions shall govern.
(e)
Eligibility requirements. An application for sketch, preliminary
or final plan approval of a proposed planned residential development
shall not be eligible for approval unless the following initial requirements
are met:
(1)
The proposed planned residential development shall consist of
one or more contiguous parcels of land under single ownership or control.
(2)
A proposed planned residential site shall only be located in
the following districts and contain the following acres of land:
|
Zoning District
|
Minimum Gross Required Acres
|
|---|---|
|
R-3
|
75
|
|
R-4
|
50
|
(3)
Public water and public sanitary sewer systems are available
to serve the proposed planned residential development. Where it is
feasible to extend an existing public water and/or public sanitary
sewer system(s) to the proposed planned residential development site,
such an extension shall be made and shall be made at the expense of
the developer of the planned residential development. In the absence
of a public water and/or public sanitary sewer system(s), or if the
extension of existing municipal systems to the proposed site is decided
to be economically impractical by the Board of Commissioners, the
developer shall be required to construct a water and/or sanitary sewer
system(s) to Township standards and to dedicate said system(s) to
the Township as a public centralized water and/or sewage system(s).
(4)
The proposed planned residential development shall be served
by a storm drainage and/or storm drainage control system as approved
by the Township Engineer.
(5)
The proposed planned residential development shall have a minimum
of 600 feet of frontage on an arterial or collector road as designated
in the South Whitehall Township Master Plan and Zoning Ordinance.
(6)
The proposed planned residential development shall be consistent
with the Comprehensive Plan of South Whitehall Township.
(f)
Land use control and land use density requirements.
(1)
Tract requirements:
(A)
The tract may be divided by an existing local or collector street
which may be retained as part of the plan for the development or relocated
in accordance with an approved site plan.
(B)
There shall be no access from the tract to existing public roads
other than by interior streets at minimum intervals of 400 feet, and
no dwelling units shall front upon an arterial street incorporated
into or created within a planned residential development.
(C)
Every dwelling unit shall be connected to and properly served
by a public water and public sanitary sewer system and by a storm
drainage system.
(2)
Residential uses. A mix of housing types appropriate to the
planned residential development site and the surrounding area determined
according to the provisions set forth may include the following residential
uses:
(3)
Housing mix. Each PRD shall contain at least three residential uses as listed in § 350-32(f), one of which shall be single detached dwellings and each stage of the PRD shall contain at least two of said permitted housing types. The percentage of mix of the proposed planned residential development shall be as follows:
|
Zoning District
|
Housing Mix
|
|---|---|
|
R-3
|
Minimum 40% Detached single dwellings
|
|
Maximum 40% Twins, two-flats, three-flats, and townhouses
| |
|
Maximum 20% Apartments
| |
|
R-4
|
Minimum 40% Detached single dwellings
|
|
Maximum 40% Twins, two-flats, three-flats, townhouses
| |
|
Maximum 20% Apartments
|
(5)
Land use density requirements. Land use density within planned
residential developments shall be regulated by the following general
standards:
(A)
Average gross residential density for the total PRD site shall
be subject to the following schedule:
|
Zoning District
|
Average Units per Gross Acre
|
|---|---|
|
R-3
|
4.9
|
|
R-4
|
5.4
|
(B)
The percentage of the planned residential development site to
be devoted to common open space shall be no less than 15% of the total
site area in an R-3 District and 20% of the total site area in an
R-4 District.
(6)
The following lot sizes and setback distances per residential
district shall be considered minimum requirements:
|
Minimum Lot Sizes Per Dwelling Unit
|
Minimum Setback Distances
| ||||
|---|---|---|---|---|---|
|
R-3 District
|
Area
(square feet)
|
Frontage
(feet)
|
Front to Street Right-of-Way Line
(feet)
|
Rear Lot Line
(feet)
|
Each Side Yard per Building
(feet)
|
|
Single detached dwelling unit
|
10,000
|
90
|
25
|
25
|
10
|
|
Twins
|
4,000
|
35
|
25
|
25
|
10
|
|
Townhouses
|
2,400
|
24
|
25
|
25
|
10
|
|
Apartments
|
25
|
25
|
10
| ||
|
Minimum Lot Sizes Per Dwelling Unit
|
Minimum Setback Distances
| ||||
|---|---|---|---|---|---|
|
R-4 District
|
Area
|
Frontage
(feet)
|
Front to Street Right-of-Way Line
(feet)
|
Rear Lot Line
(feet)
|
Each Side Yard per Building
(feet)
|
|
Single detached dwelling unit
|
8,000
|
80
|
25
|
25
|
10
|
|
Twins
|
3,000
|
30
|
25
|
25
|
10
|
|
Townhouses
|
2,400
|
24
|
25
|
25
|
10
|
|
Apartments
|
25
|
25
|
10
| ||
(A)
Minimum lot sizes for single detached dwelling units and in
R-3 and R-4 Districts have been established to indicate to the developer
the absolute minimum lot size that a home can be developed on. This
minimum standard shall not become the predominant lot size in the
development. The developer shall provide a variety of lot sizes thus
creating an opportunity for a variety of house sizes and styles.
(g)
Site analysis and site design standards.
(1)
Natural features analysis:
(A)
In order to determine which specific areas of the total PRD
site are best suited for higher density development, which areas are
best suited for lower density development, and which areas should
be preserved in their natural state as open space areas, a thorough
analysis of the natural features of the site is required to be supplied
by the applicant. The following subject categories must be included
in this analysis:
(i)
Hydrology: Analysis of natural drainage patterns
and water resources including an analysis of streams, natural drainage
swales, ponds or lakes, wet lands, floodplain areas, permanent high
water table areas, and seasonal high water table areas throughout
the site.
(ii)
Geology: Analysis of characteristics of rocks,
rock formations, underlining the site including defining aquifers
(particularly those locally subject to pollution), shallow bedrock
areas, and areas in which rock formations are unstable.
(iii)
Soils: Analysis of types of soils present in
the site area including delineation of prime agricultural soil areas,
aquifer recharged soil areas, unstablized soils, soils most susceptible
to erosion, and soils susceptible for urban development. The analysis
of soils will be based on the County Soil Survey of the U.S. Soil
Conservation Service.
(iv)
Topography: Analysis of terrain of site including
mapping of elevation and delineation of slope areas over 15%, between
5% and 15% and under 5%.
(v)
Vegetation: Analysis of tree and plant cover of
the site emphasizing the location of woodland and meadowland areas.
Dominant tree and plant species should be identified and the characteristics
of each understood.
(2)
Community impact analysis: In order to determine the impact
of the planned residential development upon the Township, an analysis
by the proposed developer shall be made of the potential effects of
the PRD upon public facilities, utilities and roadway systems are
required to be supplied by the applicant. Market analysis data which
estimates potential market demand for various types of housing in
the area of the proposed PRD site are also required to be supplied
by the applicant.
(3)
Residential uses:
(A)
The natural features of the PRD site shall be a major factor determining the siting of dwelling unit structures. The results of the natural feature analysis in § 350-32(g)(1) shall be considered in the siting of all dwelling unit structures.
(B)
Conventional siting practices such as building setbacks from streets may be varied subject to the minimum standards as set forth in § 350-32(f)(6) in order to produce attractive and interesting arrangement of buildings and to provide buffers for views and sound.
(C)
Dwelling unit structures shall be located and sited so as to
promote pedestrian and visual access to common open apace.
(D)
Dwelling unit structures shall be located and arranged so as
to promote privacy for residents within the PRD and maintain privacy
for residents adjacent to the PRD.
(E)
Dwelling units and other structures located near the periphery
of the planned residential development shall be of the same housing
type so as to be harmonious with the adjacent existing neighboring
areas.
(F)
There shall be a transition in density and dwelling types from
that of existing neighborhoods to that of the PRD.
(G)
No structure shall be located within 25 feet of the right-of-way
of any street.
(4)
Common open space:
(A)
The locations, shape, size, and character of the common open space shall be provided in a manner consistent with the objectives set forth in § 350-32(b) of this section, concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through the natural features analysis as described in § 350-32(g).
(B)
The uses authorized for the common open space shall be appropriate
to the scale and character of the planned development, considering
its natural features, size, land use intensity, potential population,
and the number and types of dwelling units to be developed.
(C)
Whenever possible common open space shall be designed as a contiguous
area interspersed with residential areas with pedestrian access available
to all residents of the PRD.
(D)
Significant natural features such as woodland areas, large trees,
natural watercourses and bodies of water, rock outcroppings, and scenic
views shall be incorporated into common open space areas whenever
possible. However, no less than 25% of the total common open apace
area shall be suitable for intensive use as an active recreation area.
(E)
Development of the PRD shall be planned so as to coordinate
the establishment of common open space areas and the construction
of dwelling units.
(F)
Incorporation of provisions in Subdivision and Land Development
Regulations.[3]
(i)
Applicability. This § 350-32(g)(4) shall be effective with respect to any planned residential development for which a tentative plan is submitted after the publication of notice that common open space revisions are pending, or after the enactment of this provision.
(ii)
Minimum amounts and quality of common open space. The areas set aside for common open space shall include, at a minimum, the amount of useful open space and the amount of prime open space required under § 312-36(d) for a subdivision with the same number of potential dwelling units and the same number of commercial acres as the proposed planned residential development.
(iii)
Suitability and condition. The areas set aside for common open space shall be suitable for their intended purpose, in accordance with the provisions and procedures of § 312-36(d), and shall be improved, prior to the date of the first sale, rental, or residential or commercial use of any lots in the planned residential development so that all of the conditions set forth in § 312-36(d) are satisfied. For purposes of this § 350-32(g)(4)(F)(iii), all references in § 312-36(d) to the dedication of common open space shall be construed to include the setting aside of common open space when no public dedication is intended, and all references in § 312-36(d) to the date of acceptance of the dedication of common open space shall be construed to include the date of the first sale, rental, or residential or commercial use of any lots in the planned residential development when the common open space is not to be dedicated.
(iv)
Fees and/or payments in lieu of common open space. Fees may be paid to the Township in lieu of satisfying all or part of the common open space requirements set forth in this § 350-32(g)(4) if both the developer and the Township Board of Commissioners agree. Similarly, construction of substantial permanent recreation facilities and/or donation of other appropriate land may be made in lieu of satisfying all or part of the common open space Township Board of Commissioners agree. The amount and use of such fees, facilities or other land and the procedures applicable to the payment of such fees, construction of such facilities, or dedication of such other land, shall be as set forth in § 312-36(d). For purposes of this § 350-32(g)(4), all references in § 312-36(d) to the dedication of common open space shall be construed to include the setting aside of common open space when no public dedication is intended.
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
(5)
Streets:
(A)
The street system of the planned residential development shall
be designed so as to:
(i)
Relate harmoniously with land uses within and adjacent
to the PRD through the establishment of a hierarchy of roadway functions
which includes collector and local streets.
(ii)
Create a separation of vehicular and pedestrian
traffic through the coordinated design of streets, dwelling units,
common open space areas, and pedestrian walkways.
(iii)
Create efficient and safe connections with the
existing road system of South Whitehall Township in order to insure
proper ingress and egress to and from the PRD.
(iv)
Minimize through traffic in residential areas.
(B)
In order to separate vehicular and pedestrian circulation and
to increase accessibility to common open apace areas, pedestrian walkways
shall be provided wherever feasible. Sidewalks shall be required adjacent
to streets in PRDs only as deemed necessary by the Board of Commissioners
of South Whitehall Township.
(C)
The design and construction of streets and walks shall conform
to the standards set forth in South Whitehall Township's Subdivision
Regulations relative to paving specifications, cartway design, horizontal
and vertical alignment, and sight distances, etc.
(D)
All streets designed to be a part of the PRD shall be dedicated
to South Whitehall Township.
(E)
Driveways to common parking areas shall be considered private
streets and shall not be dedicated to the Township.
(6)
Parking:
(A)
There shall be at least two off-street parking spaces, measuring
10 by 20 feet, for each dwelling unit. Where off-street parking spaces
are grouped in lots, aisles at least 20 feet in width shall be provided.
The lot design and location shall be subject to review and revision
by the South Whitehall Township Board of Commissioners.
(B)
Common parking areas for multiunit dwellings shall be screened
from adjacent structures, access roads and public streets, by hedges,
dense planting, earth berms, or changes in grade or walls. All parking
areas shall be a minimum of 20 feet from all structures, access roads
and public streets.
(C)
Parking areas shall be arranged so as to prevent through traffic
to other parking areas.
(D)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping approved by the South
Whitehall Township Board of Commissioners.
(E)
No more than 60 parking spaces shall be accommodated in any
single parking area.
(7)
Lighting:
(A)
All streets, off-street parking areas, and areas of intensive
pedestrian use shall be adequately lighted. All such lighting shall
be designed and located so as to direct light away from adjacent residences.
(B)
Adequate lighting shall be provided after dark. Appropriate
lighting fixtures shall be provided for walkways and to identify steps,
ramps, and signs. Such lighting shall be designed and located so as
to direct light away from adjacent residences.
(C)
All lighting facilities will be installed by the developer at
the developer's expense after which they shall be dedicated to South
Whitehall Township.
(8)
Sewer and water utilities:
(A)
Planned residential developments shall be provided with sanitary
sewer systems through one of the following methods:
(i)
Connection to a public sewer system shall be required
where a public sewer system is available or can feasibly be provided
to the PRD site and where such a system can adequately fulfill the
sewage disposal needs of the PRD If the proposed sanitary sewer system
requires an extension of the Township system, the proposed system
shall be installed by the developer according to Township standards.
(ii)
Provision of a centralized sewer system constructed
by the developer which serves the entire PRD where an existing public
sewer system cannot feasibly be provided to the PRD site. Centralized
sewer systems shall be designed and constructed in a manner that will
permit adequate collection to an existing public sewer system in the
future. The design and construction of centralized sewer system shall
conform to the standards established by South Whitehall Township and
shall be subject to approval by the Township Engineer.
(B)
Planned residential developments shall be provided with water
supply systems through one of the following methods:
(i)
Connection to public water shall be required where
a public water system can feasibly be provided to the PRD site and
where the capacity of the public water system can adequately fulfill
the water demands of the PRD. If the proposed water system requires
an extension of the Township system, the proposed extension shall
be installed by the developer according to Township standards and
dedicated to the Township.
(ii)
Provision of a centralized water supply system
constructed by the developer which serves the entire PRD where an
existing public water supply system cannot feasibly be provided to
the PRD site. Centralized water supply systems shall be designed and
constructed in a manner that will permit adequate connection to an
existing public water supply system in the future. The design and
construction of a centralized water supply system shall conform to
the standards established by South Whitehall Township and shall be
subject to approval by the Township Engineer.
(9)
Soil erosion control and storm drainage:
(A)
The PRD shall be designed and constructed so as to minimize site clearance and earthmoving. The results of the natural features analysis, § 350-32(g)(1), shall be taken into account in determining areas suitable for site clearance and earthmoving.
(B)
Where site clearance and earthmoving are necessary, erosion
control measures shall be undertaken in accordance with standards
set forth in Appendix D of the Erosion and Sediment Control Handbook
of the County Soil and Water Conservation District.
(C)
Storm drainage: The storm drainage system for a planned residential
development shall be designed and constructed so as to minimize erosion
and flooding, using as necessary, drainage easements, swales, catchment
basins, silt traps, and the design of cartways so as to minimize runoff.
The determinations of the site analysis of natural features shall
be taken into account in designing and constructing the storm drainage
system. The design and construction of the system shall be subject
to review and approval by the Township Engineer.
(10)
Tree conservation and landscaping:
(A)
Existing trees shall be preserved wherever possible. The protection
of trees six inches or more in diameter (measured at a height 4 1/2
feet above the original grade) shall be a factor in determining the
location of open space, structures, underground utilities, walks,
and paved areas. Areas in which trees are preserved shall remain at
original grade level and undisturbed wherever possible.
(B)
Where extensive natural tree cover and vegetation does not exist
and cannot be preserved on the PRD site, landscaping shall be regarded
as an essential feature of the PRD. In these cases, extensive landscaping
shall be undertaken in order to enhance the appearance of the PRD,
aid in erosion control, provide protection from wind and sun, screen
streets and parking areas, and enhance the privacy of dwelling units.
(C)
Regardless of whether or not the site has extensive natural
cover, the developer will be required to submit a plan indicating
how the site is to be landscaped. Said plan will be subject to review
and modification by the South Whitehall Township Board of Commissioners.
(11)
Garages and storage facilities:
(A)
A minimum of one one-vehicle garage shall be provided with each
single detached dwelling unit, three-flat, townhouse, twin, or two-flat.
(12)
Utilities: Telephone, electric, street lights, and cable TV
utilities shall be installed underground.
(13)
Refuse removal: Refuse stations to serve residential, recreation,
and commercial areas shall be designed with suitable screening, and
located so as to be convenient for trash removal and not offensive
to nearby residential areas.
(14)
Land subdivision regulations: With the exception of standards explicitly set forth in § 350-32(g)(2) through (11), site design and site improvements shall conform to standards set forth in the South Whitehall Township Subdivision and Land Development Regulations (Chapter 312 of the Codified Ordinances), provided that § 312-36(d) shall only be applicable to the extent set forth in this § 350-32 (relating to Planned Residential Developments).
(h)
Ownership, maintenance, and preservation of common open space. The
developer shall make provisions which insure that the common open
space land shall continue as such and be properly maintained. The
developer shall provide for and establish an organization for the
ownership, maintenance, and preservation of common open space which
shall conform to the following standards and procedures:
(1)
The organization shall be established by the developer before
the sale or rent of dwelling units in the PRD.
(2)
The form, financial capability, rules of membership, and methods
of cost assessment of the organization shall be devised so as to insure
the successful fulfillment of the maintenance, preservation, and improvement
responsibilities of the organization.
(3)
The organization responsible for maintenance, preservation,
and improvement of common open space areas shall be the sole owner
of the common open space lands.
(4)
The organization shall have or hire adequate staff to administer
common facilities and maintain the common open space.
(5)
In the event that the organization established to own and maintain
a common open space, or any successor organization, shall at any time
after establishment of the planned residential development fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, South Whitehall Township may
serve written notice upon such organization or upon the residents
and owners of the planned residential development 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,
South Whitehall 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 modification thereof shall not be corrected within
said 30 days or any extension thereof, South Whitehall 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 entry and maintenance
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, South Whitehall Township, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance
of the common open space shall call a public hearing upon notice to
such organization, or to the residents and owners of the planned residential
development, to be held by South Whitehall Township, at which hearing
such organization or the residents and owners of the planned residential
development shall show cause why such maintenance by South Whitehall
Township shall not, at the option of the South Whitehall Township,
continue for a succeeding year. If South Whitehall Township shall
determine that such organization is ready and able to maintain said
common open space in reasonable condition, South Whitehall Township
shall cease to maintain said common open space at the end of said
year. If South Whitehall Township shall determine such organization
is not ready and able to maintain said common open space in a reasonable
condition, South Whitehall Township may, in 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 South Whitehall Township in any such case shall constitute
a final administrative decision subject to judicial review.
(6)
The cost of such maintenance by South Whitehall Township shall
be assessed ratably against the properties within the planned residential
development that have a right of enjoyment of the common open space
and if not reimbursed shall become a lien on said properties. South
Whitehall 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 Lehigh County, upon the properties
affected by the lien within the planned residential development.
(7)
Public dedication of common open space: The developer may propose to offer common open space for dedication to any of the following entities rather than maintenance by a homeowners' association: the Township, the Parkland School District, the County of Lehigh, the Commonwealth of Pennsylvania, the United States of America, a municipality authority, or an environmental organization acceptable to the Board of Commissioners. However, it is with the discretion of the South Whitehall Township Board of Commissioners whether such an offer of dedication may be made, or whether a homeowners' association shall undertake operation and maintenance of the common open space. If the South Whitehall Township Board of Commissioners chooses to accept dedication of the common open space, or permits another entity to accept dedication of the common open space, the acceptance may only take place after the developer has improved the common open space in accordance with the requirements of § 350-32(g)(4), the provisions of the Subdivision and Land Development Regulations incorporated therein, and the landscape plan referred to in § 350-32(g)(4)(10). An offer of dedication of common open space made by the developer in the development plan and accepted or approved by South Whitehall Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. Under any other circumstances, provision for dedication must be made subject to § 350-32(k).
(i)
Development in stages. A planned residential development may be developed
in stages if the following standards are met:
(1)
The location and approximate time of construction of each stage
are clearly marked on the development plan.
(2)
At least 15% of the dwelling units in the development plan are
included in the first stage.
(3)
The second and subsequent stages are completed consistent with
the development plan and are of such size and location that they constitute
economically sound units of development. In no event shall such stages
contain less than 15% of the dwelling units included in the development
plan.
(4)
To encourage flexibility of housing density, design, and type
in accord with the purposes of this section, gross residential density
may by varied from stage to stage. A gross residential density in
one stage which exceeds the permitted average gross residential density
for the entire planned residential development must be offset by a
gross residential density in a completed prior stage which is less
than the permitted average gross residential density for the entire
planned residential development, or there must be an appropriate reservation
of common open space on the remaining land by a grant of easement
or covenant in favor of South Whitehall Township, which specifies
the amount and, if necessary, the location of the common open space.
(5)
All streets, curbing, water systems, sewerage systems and stormwater
facilities are installed and approved by the Township Engineer in
the section to be developed prior to the sale of any lots in said
section.
(j)
Procedural requirements. Planned residential developments are subject
to all of the regulations as set forth in the South Whitehall Township
Subdivision and Land Development Ordinance.[4]
(1)
Sketch plan. Preapplication submission and drawing requirements: Submission procedures shall be governed by § 312-9.
(A)
The submission of a sketch plan is not mandatory but has been
established to assist the developer in determining the proper use
and concept for his proposed subdivision. If the developer chooses
to bypass the sketch plan phase, the developer's preliminary plan
will be required to contain all the information called for under the
sketch plan requirements.
(3)
In addition to the above, the application for sketch plan approval shall include documentation illustrating compliance with all of the standards for planned residential development set forth in § 350-32(e), (f), and (g), and shall constitute the development plan for the planned residential development.
(4)
Required documentation shall also include but not be limited
to materials illustrated in the following information:
(A)
The location, function, size, ownership and manner of maintenance
of the common open space.
(B)
A site map or maps at one inch equals 50 feet delineating the hydrology, geology, soils, topography and vegetation of the site as explained in § 350-32(g)(1)(A). The combined impact of the natural features upon the development potential of each specific area of the site will clearly illustrated on the map or maps.
(C)
Documents indicating the impact of the completed planned residential
development upon public facilities, utilities, roadway systems and
existing development. Projections as to the number of school children
in the PRD and the vehicular traffic generated by the PRD shall be
included. Where connection to public water supply and sewer systems
is contemplated, projections as to the required water supply capacity
and waste water volumes generated by the PRD shall be included.
(D)
A written statement by the landowner setting forth the reasons
why, in his opinion, the planned residential development would be
in the public interest and would be consistent with the South Whitehall
Township Comprehensive Plan.
(5)
Preliminary (tentative) plan submission procedure:
(6)
Public notification by Township:
(A)
This section shall establish the requirements and procedures for public notifications and hearings and shall govern in place of § 312-11(c).
(B)
Within 60 days after the filing of a complete application for
preliminary approval of a planned residential development pursuant
to this section, a public hearing pursuant to public notices on said
application shall be held by the South Whitehall Township Board of
Commissioners according to the procedure as set forth in the Pennsylvania
Municipalities Planning Code Article IX.
(C)
Mediation.
(7)
Findings:
(A)
The Board of Commissioners, within 60 days following the conclusion
of the public hearing provided for in this section or within 180 days
after the date of filing of the application, whichever occurs first,
shall, by official written communication to the landowner, either:
(B)
Failure to so act within said period shall be deemed to be a
grant of preliminary approval of the development plan as submitted.
In the event, however, that preliminary approval is granted subject
to conditions, the landowner may within 30 days after receiving a
copy of the official written communication of the Board of Commissioners
notify the Board of Commissioners of his refusal to accept all said
conditions in which case the Board of Commissioners may be deemed
to have denied preliminary approval of the development plan. In the
event the landowner does not within said period notify the Board of
Commissioners of his refusal to accept all said conditions, preliminary
approval of the development plan with all said conditions shall stand
as granted.
(C)
The grant or denial of a preliminary approval by official written
communication shall include not only conclusions but also findings
of fact relating to the specific proposal and shall set forth the
reasons for the grant with or without conditions or for the denial
and said communications shall set forth with particularity in what
respects the development plan would or would not be in the public
interest including but not limited to finding the fact and conclusions
on the following:
(i)
In those respects in which the development plan
is or is not consistent with the Comprehensive Plan for the development
of the South Whitehall Township.
(ii)
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.
(iii)
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 development.
(iv)
The physical design and the development plan and
the manner in which said design does or does not make adequate provisions
for public services provided adequate control over vehicular traffic,
and further the amenities of light and air, recreation and visual
enjoyment.
(v)
The relationship beneficial or adverse of the proposed
planned residential development to the neighborhood in which it is
proposed to be established in.
(vi)
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 interest of the public and the
residents of the planned residential development in the integrity
of the development plan.
(8)
In the event a development plan is granted preliminary approval
with or without conditions, the Board of Commissioners shall set forth
in the official written communication the time within which an application
for final approval of the development plan shall be filed or in the
case of a development plan which provides for a development over a
period of years the period of time within which applications for final
approval of each part thereof shall be filed. Except upon consent
of the landowner, the time so established between the grant of preliminary
approval and an application for final approval shall not be less than
three months and in case of developments over a period of years the
time between application for final approval of each part of a plan
shall be not less than 12 months.
(9)
Status of plan after preliminary approval:
(A)
The official written communication provided for in § 350-32(j)(7) of this chapter shall be certified by the Secretary of the Board of Commissioners and shall be filed in his office and a certified copy shall be mailed to the landowner. Where preliminary approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(B)
Tentative approval of a development plan shall not qualify a
plat of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given preliminary approval with conditions which
have been accepted by the applicant (and provided that the applicant
has not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified or evoked nor otherwise impaired
by action of the Board of Commissioners pending an application or
applications for final approval, without the consent of the applicant
provided an application or applications for final approval is filed
or in the case of development over a period of years provided applications
are filed within the periods of time specified in the official communication
granting preliminary approval.
[Amended 3-20-2019 by Ord. No. 1044]
(C)
In the event that a development plan is given preliminary approval
and thereafter but prior to final approval the landowner shall elect
to abandon said development plan and shall so notify the Board of
Commissioners in writing, or in the event the landowner shall fail
to file application or applications for final approval within the
required period of time or times as the case may be, the preliminary
approval shall be deemed to be revoked in all that portion of the
area included in the development plan for which final approval has
not been given shall be subject to the regulations of the South Whitehall
Township Zoning Ordinance as they may be amended from time to time
and same shall be noted on the Zoning Map and in the records of the
Secretary of South Whitehall Township.
(10)
Preliminary (tentative) plan submission and drawing requirements submission requirements. Submission procedure shall be governed by § 312-11.
(A)
Required documentation shall include but not be limited to materials
illustrating the following information:
(i)
The nature of the landowners' interest in the planned
residential development.
(ii)
The proposed land use areas within the PRD distinguishing
between types of residential, nonresidential and other uses.
(iii)
The land use density of each land use within
the PRD and the average gross residential density for the entire planned
residential development.
(iv)
The use and approximate height, bulk and location
of buildings and other structures.
(v)
The feasibility of proposals for sanitary sewerage,
water supply and stormwater disposition systems.
(vi)
The substance of covenants, grant of easements
or other restrictions to be imposed upon the use of land, buildings,
and structures including proposed grants and/or easements for common
open space areas and public utilities and the legal form of provision
thereof.
(vii)
In the case of plans which call for development
in stages of sketch showing the approximate time within which applications
for final approval of each stage of the planned residential development
are intended to be filed and the approximate number of dwelling units,
types of dwelling units and gross residential density for each type
of dwelling unit the plan for each stage schedule shall be updated
on the anniversary of submission for tentative approval.
(viii)
Accurate dimensions of common open space areas
specifically indicating those areas to be preserved in their natural
state and those areas to be developed for active recreation. For common
open space areas to be developed the exact location of structures
and common open space areas will be illustrated.
(ix)
Architectural drawings illustrating exterior and
interior design of typical dwelling units of each type and nonresidential
structures to be constructed.
(12)
Final plan submission procedure: An application for final approval may be for all the land included in the development plan or to the extent net forth in the preliminary approval a section thereof. Said application shall be made to the Board of Commissioners and within the time or times specified by the official written communication granting preliminary approval. If the application for final approval is in compliance with the preliminary approved development plan, a public hearing need not be held. Unless otherwise specified, the submission procedure for final plans shall be governed by § 312-13.
(13)
Final plan submission and drawing requirements: Submission requirements shall be governed by § 312-14.
(14)
Procedures after application for final approval: In the event
the application for final approval has been filed, together with all
drawings, specifications and other documents in support thereof, as
required by this section and the official written communication of
preliminary approval, the Board of Commissioners shall, within 30
days of such filing, grant such development plan final approval. In
the event the development plan as submitted contains variations from
the development plan given preliminary approval, the Board of Commissioners
may refuse to grant final approval and shall, within 30 days from
the filing of the application or final approval, to advise the landowner
in writing of said refusal, setting forth in said notice the reasons
why one or more of said variations are not in the public interest.
In the event of such refusal, the landowner may either:
(A)
Refile his application for final approval without the variations
objected.
(B)
File a written request with the Board of Commissioners that
it hold a public hearing on his application for final approval. 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 days if the time for applying for final approval
shall have already passed at the time when the landowner was advised
that the development plan was not in substantial compliance. In the
event the landowner shall fail to take either of these alternate actions
within said time, he shall be deemed to have abandoned the development
plan. Any such public hearing shall be held pursuant to public notice
within 30 days after request for the hearing is made by the landowner,
and the hearing shall be conducted in the manner prescribed in this
section for public hearings on applications for preliminary approval.
Within 30 days after the conclusion of the hearing, the official review
agency 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
section.
(15)
A development plan or any part thereof which has been given
final approval shall be so certified without delay by the Board of
Commissioners and shall be filed on record within 30 days after final
approval has been granted in the office of the County Recorder of
Deeds before any development shall take place in accordance therewith.
Upon the filing of record of the development plan, the Zoning and
Subdivision Regulations otherwise applicable to the land included
in such plan shall cease to apply thereto. Pending completion within
a period of two years 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 landowner. Upon approval of a final plat, the developer shall
record the plat in accordance with the provisions of Section 513(a)
of the Pennsylvanian Municipalities Planning Code and post financial
security in accordance with Section 509 of the Pennsylvanian Municipalities
Planning Code.
(16)
In the event that a development plan, or a section thereof,
is given final approval and thereafter the landowner shall abandon
such plan or the section thereof that has been finally approved, and
shall so notify the governing body in writing, or, in the event the
landowner shall fail to commence and carry out the planned residential
development or of that part thereof, within a period of two years
after final approval has been granted, no development or further development
shall take place on the property included in the development plan
until after the said property is reclassified by enactment of an amendment
to the South Whitehall Township Zoning Ordinance in the manner prescribed
for ouch amendments in the South Whitehall Township Zoning Ordinance.
(k)
Administration.
(1)
Modification of provision of the plan: To further the mutual
interest of the residents of the planned residential development and
of the public in the preservation of the integrity of the development
plan, as finally approved, and to insure that modifications, if any,
in the development plan shall not impair the reasonable reliance of
the said residents upon the provisions of the development plan, nor
result in changes that would adversely affect the public interest,
the enforcement and modification of the provisions of the development
plan as finally approved, whether those are recorded by plat, covenant,
easement or otherwise shall be subject to the followings provisions:
(A)
The provisions of the development plan relating to:
(i)
The use, bulk, and location of buildings and structures;
(ii)
The quantity and location of common space, except
as otherwise provided in this chapter; and
(iii)
The intensity of the use or the density of residential
units, shall run in favor of South Whitehall Township and shall be
enforceable in law or in equity of South Whitehall Township, without
limitation on any powers of regulations otherwise granted South Whitehall
Township by law.
(B)
All provisions of the development plan shall run in favor of
the residents of the planned residential development but only to the
extent expressly provided in the development plan and in accordance
with the terms of the development plan, and to that extent said provisions
whether recorded by plat, covenant, easement or otherwise, may be
enforced by law or equity by said resident acting individually, jointly,
or through an organization designated in the development plan to act
on their behalf; provided, however, that no provisions of the development
plan shall be implied to exist in favor of residents of the planned
residential development except as to those portions of the development
plan which have been finally approved and have been recorded.
(C)
All those provisions of the development plan authorized, to
be enforced by South Whitehall Township under this section may be
modified, removed, or released by South Whitehall Township, except
grants or easements relating to the service or equipment of a public
utility, subject to the following conditions:
(i)
No such modification, removal or release of the
provisions of the development plan by South Whitehall Township shall
affect the rights of the residents of the planned residential development
to maintain and enforce those provisions, at law or equity, as provided
in this section;
(ii)
No modification, removal or release of the provisions
of the development plan by South Whitehall Township shall be permitted
except upon a finding by the South Whitehall Township Board of Commissioners
or its designated agency, following a public hearing thereon pursuant
to public notice called and held in accordance with the provisions
of this section that the same is consistent with the efficient development
and preservation of the entire planned residential development, does
not adversely affect either the enjoyment of land abutting upon or
across the street from the planned residential development or the
public interest, and is not granted solely to confer a special benefit
upon any person.
(D)
Residents of the planned residential development may, to the
extent and in the manner expressly authorized by the provisions of
the development plan, modify, remove or release their rights to enforce
the provisions of the development plan but no such action shall affect
the right of South Whitehall Township to enforce the provisions of
the development plan in accordance with the provisions of this section.
(2)
Appeals, violations and penalties.
(A)
Any person, partnership or corporation, who or which has violated
the planned residential development provisions of any ordinance enacted
under this section or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Township, pay a judgment of not more than $500 plus all court costs,
including reasonable attorney fees incurred by the Township as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the district
justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the appropriate
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the district justice determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
the ordinance to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of planned
residential development provisions shall be paid over the Township
whose ordinance has been violated.
(B)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
