Gregg Township Centre County
City Zoning Code
City Zoning Code
PART 3
DISTRICT REGULATIONS
§ 15-301 Application of District Regulations.
[Ord. 05-01-01, 5/7/2001]
1.
The regulations set forth in this Part for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
A.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered in exterior dimension except in conformity with all of the regulations herein specified for the district in which it is located, including any overlay district.
B.
No building or other structure shall hereafter be erected or altered: to exceed, height, bulk, or other dimensions; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to this chapter.
C.
Note as to Special Exceptions.
(1)
The category of uses called special exceptions does not appear in this chapter. Special exceptions are generally defined by the Municipalities Planning Code as uses by right when certain conditions are met, with review by, and approval of, the Zoning Hearing Board, 53 P.S. § 10603(b)(1). In order to simplify procedures hereunder, those uses normally made special exceptions in any given zoning district have been made permitted uses, with supplementary regulations.
(2)
The Township's objective in so doing is three-fold: firstly, to simplify this chapter and the procedures hereunder; secondly, to reduce the burden of compliance with this chapter on those who live and work in the Township; and thirdly, to reduce the cost and burden of administering this chapter.
§ 15-302 Description of District Regulations.
[Ord. 05-01-01, 5/7/2001]
The regulations applying to each district are described in condensed form in the following sections.
§ 15-303 R Residential District.
[Ord. 05-01-01, 5/7/2001]
1.
Residential — Principal Permitted Uses and Structures. Note that all permitted uses in this district are subject to the requirements of the overlay district. Any lot which is located in the overlay district is subject to the regulations for both the zoning district and the overlying district. One principal use is permitted per lot.
A.
One-family detached dwellings, including manufactured housing.
B.
Conversion apartments and two-family attached dwellings.
C.
Churches and places of worship, including parish houses and convents.
D.
Day nurseries.
E.
Bed-and-breakfast establishments.
F.
Professional offices and clinics.
G.
Two single-family dwellings on any parcel of 20 acres or greater, provided that the parcel and dwellings meet all zoning and subdivision regulations and requirements.
[Added by Ord. No. O-15-03, 8/13/2015]
2.
Residential — Permitted Accessory Uses and Structures.
A.
Private garages, small storage structures and carports, for use of residents and guests.
B.
Private swimming pools.
C.
Home occupations.
D.
Off-street parking as required by this chapter.
E.
Manufactured housing for farm-related uses.
F.
Temporary uses and structures.
G.
Other uses and structures customarily incidental or accessory to permitted uses.
3.
Residential — Conditional Uses.
A.
Public and/or private schools.
B.
Municipal government buildings and non-municipal government buildings.
C.
Roadside stands.
D.
Public or semipublic outdoor recreational facilities and/or services.
E.
Agricultural uses, including land cultivation.
F.
Municipal parks and playgrounds.
G.
Nursing and convalescent homes.
H.
Multifamily dwellings.
I.
Ponds.
J.
Personal service, convenience retail establishments.
K.
Multifamily housing developments.
L.
Manufactured housing parks.
M.
Group homes.
N.
Essential services and utility structures and uses.
4.
Residential — Minimum Lot Requirements.
A.
The minimum lot area per principal use or dwelling unit is 0.75 acres, except as follows:
(1)
Where either public or off-site water, or public or off-site sewage disposal, is available or proposed, the minimum lot size shall be 1/2 acre.
(2)
Where both public or off-site water and public or off-site sewage systems are available or proposed, the minimum lot size shall be 1/2 acre.
(3)
Approval and issuance of a zoning permit shall be in accordance with Department of Environmental Protection's and/or Township standards in effect at the time.
B.
The minimum lot width shall be 100 feet, measured at the narrowest point. Maximum building and structure coverage, including pavement, shall be 25% of the gross area of the lot.
§ 15-304 C General Commercial District.
[Ord. 05-01-01, 5/7/2001]
1.
Commercial — Principal Permitted Uses and Structures. Note that all permitted uses in this district are subject to the requirements of the overlay district. Any lot which is located in the overlay district is subject to the regulations for both the district and the overlay district. One principal use is permitted per lot.
A.
Stores and personal service shops conducting any retail business, including storage rental establishments.
B.
Individual professional offices, including medical and medical-related clinics and branch banks.
C.
Theaters, bowling alleys, and similar indoor recreational uses.
D.
Automotive or motor vehicle service stations and repair shops, truck, trailer or farm equipment sales, farm-related sales and service establishments.
E.
Automotive sales, storage and service facilities.
F.
Barber and beauty shops.
G.
Variety, gift and antique shops.
H.
Roadside stands.
I.
Churches and places of worship.
J.
Contractor's offices.
K.
Municipal and nonmunicipal government buildings.
L.
Professional offices and clinics.
M.
Personal service, convenience and retail establishments.
N.
Day nurseries.
O.
Restaurants.
P.
Offices and office complexes.
Q.
Tourist attractions/wildlife sanctuaries/park.
R.
Two single-family dwellings on any parcel of 20 acres or greater, provided that the parcel and dwellings meet all zoning and subdivision regulations and requirements.
[Added by Ord. No. O-15-03, 8/13/2015]
2.
Commercial — Permitted Accessory Uses and Structures.
A.
Private garages and carports.
B.
Storage facilities for products sold in a permitted use (i.e., inventory storage), also storage for equipment and/or supplies necessary or accessory to a permitted use (i.e., grading and similar types of equipment used by a contractor).
C.
Loading and unloading facilities connected with a permitted use.
D.
Off-street parking spaces.
E.
Temporary uses and structures.
F.
Home occupations.
3.
Commercial — Conditional Uses.
A.
Planned retail or industrial developments.
B.
Motels, hotels, and transient lodging facilities.
C.
Funeral homes.
D.
Clubs, lodges and social halls.
E.
Nursing and convalescent homes.
F.
Warehousing uses.
G.
Adult entertainment facilities.
H.
Sawmills and lumber yards.
I.
Small-scale industrial and manufacturing operations.
J.
Laboratories and research facilities.
K.
Essential services and utility structures and uses.
L.
Airports.
M.
Residential apartments or condominiums limited to one per commercial use.
N.
Agricultural uses, including land cultivation.
4.
Commercial — Minimum Lot Requirements.
A.
The minimum lot area per principal use or dwelling unit is 0.75 acres, except as follows:
(1)
Where either public or off-site water, or public or off-site sewage disposal, is available or proposed, the minimum lot size shall be 1/2 acre.
(2)
Where both public or off-site water and public or off-site sewage systems are available or proposed, the minimum lot size shall be 1/2 acre.
(3)
Approval and issuance of a zoning permit shall be in accordance with Department of Environmental Protections and/or Township standards in effect at the time.
B.
The minimum lot width shall be 100 feet. Maximum building and structure coverage, including pavement, shall be 50% of the gross area of the lot.
C.
All lots must meet the requirements of Act 537, the Pennsylvania Sewage Facilities Act, the Gregg Township Sewage Ordinance [Chapter 10], and any other applicable state, federal, or local act, provision, law or ordinance.
D.
Note that when a planned retail shopping development is proposed, no specific minimum lot and yard requirements shall apply, but the lot and yard requirements shall be governed by the type, number and location of commercial establishments.
E.
Every lot in this district shall be of sufficient size to adequately provide for the necessary parking structure(s), parking and loading areas, setbacks, and other required service or open space areas.
F.
A stormwater management plan must be developed and implemented for each lot and attached as a part of the application for zoning permit in this district.
5.
Commercial — Minimum Yard Requirements.
B.
Side yards: 30 feet each. (There shall be no side yard requirements where fire-proof party walls are used in multi-use facilities.)
C.
Rear yard: 30 feet.
D.
Parking areas: 65 feet from center line of Township roadways and 100 feet from center line of Routes 45 and 192. All parking areas must be to the side and rear of building served.
§ 15-305 A Agricultural District.
[Ord. 05-01-01, 5/7/2001; as amended by Ord. O-12-01, 1/19/2012; and by Ord. O-12-02, 7/12/2012]
1.
Agricultural District — Principal Permitted Uses and Structures. Note that all permitted uses in this district are subject to the requirements of the overlay district. Any lot which is located in the overlay district is subject to the regulations for both the district and the overlay district. One principal use is permitted per lot.
A.
Agricultural uses, as defined herein including land cultivation, greenhouses, nurseries and raising livestock.
B.
One-family detached dwellings, including manufactured housing.
C.
Day nurseries.
D.
Churches and places of worship.
E.
Cemeteries.
F.
Bed-and-breakfast establishments.
G.
Forest product removal/timbering operations.
H.
Forest and wildlife preserves/parks/zoo.
I.
Two single-family dwellings on any parcel of 20 acres or greater, provided that the parcel and dwellings meet all zoning and subdivision regulations and requirements.
[Added by Ord. No. O-15-03, 8/13/2015]
2.
Agricultural District — Permitted Accessory Uses and Structures.
3.
Agricultural District — Conditional Uses.
A.
Public, semipublic or private outdoor and indoor recreational facilities and/or services.
[Amended by Ord. No. O-16-02, 10/20/2016]
B.
Mineral extraction.
C.
Sawmills and lumber yards.
D.
Feedlots.
E.
Farm-related sales and service operations.
F.
Animal hospitals or kennels, veterinary clinics, stables or riding schools, and the like.
G.
Commercial grain storage facilities, including elevators.
H.
Essential services and utility structures and uses.
I.
Personal care boarding homes.
J.
Schools.
4.
Agricultural District — Minimum Lot Requirements.
A.
Lot Area and Width.
(1)
The minimum lot area within the Agricultural District shall be 20 acres for a farm, nine acres for a forest and wildlife preserve, and 0.75 acre for all other uses, except as follows: where either public or off-site water, or public or off-site sewage disposal, is available or proposed, the minimum lot size shall be 1/2 acre, and the minimum width shall be 200 feet which shall be abutting a public or private road meeting the requirements of the applicable local or county ordinances. Access to the lot shall be from the public road or approved private road abutting the lot.
(2)
For these purposes, a forest and wildlife preserve shall be defined as a parcel of land with no permanent structures or dwellings located thereon, and on which there is no agricultural or commercial use. Hunting, fishing, observation of wildlife, and similar uses, commercial or otherwise, are permitted.
B.
Subdivisions.
(1)
Intent and Policy Statement.
(a)
Residential subdivisions of agricultural land shall be clustered, be governed by a scale of lot sizes, and consideration shall be given to the soils on the lot being subdivided, the presence of marshlands or wetlands, and historical sites or structures.
(b)
It is the intention of this chapter to cluster residential subdivisions of agricultural land. These lots are intended to be as small as practical and still permit on-site water and sewage disposal.
(c)
It is the intention of this chapter to require the developer to construct a single local road to provide access to each cluster or clusters.
(d)
Finally, it is the intention of this chapter to establish a scale of lot sizes, which provides for contiguous open space area within developments, in the agricultural district.
(2)
Lot Subdivision Regulations.
(a)
Open space area, created by the scale of lot sizes in the agricultural district, shall be contiguous and designated on the plan. Subdividers are encouraged to adjoin all open space, created by the scale of lot sizes, with as many lots in the subdivision as possible.
(b)
The open space area created by this section shall never be subdivided.
(c)
Open space area created by this section may be used as follows: for farming, grazing livestock, for use as a woodlot, bicycle and horseback trails, use as an orchard, permitted to grow in its natural state or used for a park or recreational area. Regardless of use, the open space area shall be closed to recreational vehicles, ATVs and motorcycles. No structures of any kind are permitted. Use of open space for a parcel shall be stipulated at time of subdivision; change in use shall be conditional.
(d)
Open space area created by this chapter may be owned by the developer, farmer or other individual landowner, a homeowners' association, placed into a land trust, owned by a public agency or any combination of the above.
(e)
Lots created by this section, unless greater than 50% of the original parcel being subdivided and greater than 11.0 acres in size, shall never be further subdivided, excepting those lots of greater than 11 acres, which can only be further subdivided utilizing the Conservation Subdivision Ordinance (Article 5, § 505).
(f)
Developer shall provide a single local driveway or road for accessing all lots or each cluster of lots.
(3)
Scale for Assignment of Contiguous Open Space:
(a)
New dwelling units in the Agricultural District shall be single-family dwelling units and shall have an open space area requirement assigned to them according to the following scale:
Lot Size (acres) | Required Open Space Area (acres) |
|---|---|
0.5 - 2.0 | 1.5 |
2.1 - 4.0 | 1.0 |
4.1 - 6.0 | 0.75 |
6.1 - 11.0 | 0.5 |
In excess of 11 | No open space requirement |
(b)
A property owner submitting a subdivision plan will be required to specify on his plan the location of open space area.
§ 15-306 O Open Space/Forest District.
[Ord. 05-01-01, 5/7/2001]
1.
Open Space — Principal Permitted Uses and Structures. Note that all permitted uses in this district are subject to the requirements of the overlay district. Any lot which is located in the overlay district is subject to the regulations for both the district and the overlay district. One principal use is permitted per lot.
A.
Single-family dwellings, including manufactured housing.
B.
Seasonal dwellings, hunting camps or lodges.
C.
Agricultural uses, as defined herein, including land cultivation, nurseries, greenhouses, and raising livestock.
D.
Manufactured housing for farm related uses.
E.
Animal hospitals or kennels, veterinary clinics, stables or riding schools, and the like.
F.
Radio and/or TV transmission and receiving towers.
G.
Cemeteries.
H.
Forest product removal/timbering operations.
I.
Forest and wildlife preserves/parks/zoo.
J.
Two single-family dwellings on any parcel of 20 acres or greater, provided that the parcel and dwellings meet all zoning and subdivision regulations and requirements.
[Added by Ord. No. O-15-03, 8/13/2015]
4.
Open Space — Minimum Lot Requirements.
A.
Minimum lot area per principal use: 15 acres, subject to conditions as set forth below.
B.
Minimum lot area for single-family detached dwelling units, hunting camps, and the like: 15 acres.
C.
All lots must meet the requirements of Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., the Gregg Township Sewage Ordinance [Chapter 10], and any other applicable state, federal, or local act, provision, law or ordinance.
D.
Minimum lot width: 200 feet. Maximum building and structure coverage, including pavement, shall be 5% of the gross area of the lot.
5.
Open Space — Minimum Yard Requirements.
A.
Front yard: 100 feet from road center line of State Routes 192 and 45, 65 feet from center line of Township roads and 45 feet from the center line of local roads.
B.
Side yards: 30 feet each.
C.
Rear yard: 30 feet.
D.
In addition, no structure shall be located nearer than 50 feet of the high-water mark of any perennial stream or body of water.
§ 15-307 I Industrial District.
1.
Industrial — Principal Permitted Uses and Structures. Note that all permitted uses in this district are subject to the requirements of the overlay district. Any lot which is located in the overlay district is subject to the regulations for both the district and the overlay district. One principal use is permitted per lot.
A.
Industrial or manufacturing uses.
B.
Service uses as appropriate to industrial uses, such as administrative offices.
C.
Agricultural uses, as defined herein, including land cultivation, nurseries, greenhouses, and raising livestock.
D.
Municipal and nonmunicipal governmental buildings.
E.
Machine shops.
F.
Assembly plants.
G.
Warehousing facilities or operations.
H.
Small-scale industrial and manufacturing operations.
I.
Automotive or motorized vehicle service stations and repair shops.
J.
Lumberyards and sawmills.
K.
Public and private hospitals.
L.
Anything herein to the contrary notwithstanding, no use shall be permitted which may be injurious or noxious by reason of odor, dust, smoke, gas, illumination or noise, or that may be otherwise hazardous to public health or safety.
M.
Two single-family dwellings on any parcel of 20 acres or greater, provided that the parcel and dwellings meet all zoning and subdivision regulations and requirements.
[Added by Ord. No. O-15-03, 8/13/2015]
2.
Industrial — Permitted Accessory Uses and Structures.
A.
Loading and unloading docks.
B.
Warehousing, inventory or storage facilities incidental to permitted uses.
C.
Parking lots and/or facilities.
D.
Accessory buildings or structures customarily incidental to permitted uses, including administrative offices, buildings for caretakers or watchmen.
E.
Temporary uses and structures.
3.
Industrial — Conditional Uses.
A.
Planned retail or industrial developments.
B.
Bulk storage or production facilities for hazardous substances, petroleum or similar products.
C.
Metal fabricating, commercial junkyards or similar operations.
D.
Laboratories or research facilities.
E.
Truck terminals or freight stations.
F.
Essential services and utility structures and uses.
G.
On-site retail of product produced at facility.
H.
Retail space should not exceed 25% of gross square footage.
4.
Industrial — Minimum Lot Requirements.
A.
Minimum lot area per principal structure or use: 0.5 acre. (Note that when a planned industrial development is proposed, no specific minimum lot and yard requirements shall apply, but the lot and yard requirements shall be governed by the type, number and location of the proposed industries.)
B.
Minimum lot width: 200 feet. Maximum building and structure coverage, including pavement, shall be 75% of the gross area of the lot.
C.
All lots must meet the requirements of Act 537, the Pa. Sewage Facilities Act, 35 P.S. § 750.1 et seq., the Gregg Township Sewage Ordinance [Chapter 10], and any other applicable state, federal, or local act, provision, law or ordinance.
D.
Every lot in this district shall be of sufficient size to adequately provide for the necessary parking structure(s), parking and loading areas, and other required service or open space areas.
5.
Industrial — Minimum Yard Requirements.
A.
Front Yard.
(1)
Structures: 100 feet from road center line of State Routes 45 and 192, 65 feet from the center line of Township roads and 45 feet from center line of interior roads.
(2)
Parking areas: 35 feet from the edge of the road right-of-way. All parking areas must be to the side and rear of building served.
B.
Side yards: 30 feet when abutting another lot in the district, otherwise 65 feet.
C.
Rear yard-same as side yards.
§ 15-308 FP Floodplain Overlying District.
[Ord. 05-01-01, 5/7/2001]
1.
Floodplain — Principal Permitted, Accessory and Conditional Uses and Structures and Lot Regulations.
§ 15-309 AP Airport Overlying District.
[Ord. 05-01-01, 5/7/2001]
1.
Airport — Principal Permitted Uses and Structures. The same as in the underlying district.
2.
Airport — Permitted Accessory Uses and Structures. The same as in the underlying district.
3.
Airport — Conditional Uses. The same as in the underlying district.
4.
Airport — Minimum Lot Requirements. The same as in the underlying district.
5.
Airport — Minimum Yard Requirements. The same as in the underlying district.
6.
Airport — Maximum Height Requirements. The same as in the underlying district.
§ 15-310 Village Mixed Use District.
[Ord. 05-01-01, 5/7/2001; as added by Ord. 1/8/2009A]
1.
Village Mixed Use. The intent of this district is to provide suitable locations for limited, neighborhood-oriented commercial, business and service activities, public/civic, and light manufacturing uses. Residential uses are also encouraged, particularly medium density residential development. The types of uses allowed should be compatible with the adjoining residential and commercial districts, and the uses should not cause traffic congestion, cause obnoxious noise, dust, odors, fire hazards or lighting objectionable to surrounding residences, nor visually detract from the overall appearance of the village.[1]
[1]
Editor's Note: The Village Mixed Use Regulations Table is included as an attachment to this chapter.
2.
Village Residential. The intent of the Residential District is to provide primarily residential uses but also community related services.[2]
[2]
Editor's Note: The Village Residential Regulations Table is included as an attachment to this chapter.
3.
Village Commercial. The intent of the district is to provide a centrally located commercial service area to serve the adjoining residential and mixed used districts and the region. Residential use is encouraged on upper floors of storefronts.[3]
[3]
Editor's Note: The Village Commercial Regulations Table is included as an attachment to this chapter.
§ 15-311 Conservation Design Overlay District.
[Ord. 05-01-01, 5/7/2001; as added by Ord. 1/8/2009B]
1.
Applicability. The Conservation Design Overlay District shall apply to the R and A Districts.
2.
Purposes. In conformance with the state enabling legislation, the purposes of this section, among others, are as follows:
A.
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development.
B.
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
C.
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
D.
To implement adopted Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Penns Valley Regional Comprehensive Plan, as amended, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents.
E.
To implement adopted land use, transportation, and community policies, as identified in the Penns Valley Regional Comprehensive Plan, as amended.
F.
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
G.
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
H.
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.
I.
To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
3. ADJUSTED TRACT AREA AFFORDABLE HOUSING BUILDING HEIGHT CALIPER COMMON FACILITIES COMMUNITY ASSOCIATION CONDOMINIUM CONSERVANCY LOT CONSERVATION AREAS, PRIMARY CONSERVATION AREAS, SECONDARY CONSTRAINED LAND DBH (DIAMETER AT BREAST HEIGHT) GREEN, COMMON GREENWAY LAND GROSS TRACT AREA HEDGEROW HISTORIC RESOURCEA. B. C. D. E. HOMEOWNERS' ASSOCIATION INVASIVE PLANT SPECIES LAND DISTURBANCE LOT AREA LOT AREA, NET PRIMARY CONSERVATION AREA ROCK OUTCROPPINGS SECONDARY CONSERVATION AREA SENSITIVE AREA DISTURBANCE SPECIMEN TREE
STEEP SLOPESA. (1) (2) B. TERMINAL VISTA TOPSOIL TRACT AREA, ADJUSTED TRACT AREA, GROSS TREE, ANCIENT TREE, WITNESSA. B. C. D. WATERCOURSE WETLANDS WOODLAND DISTURBANCE WOODLANDS
Definitions. The following definitions shall apply to the Conservation Design Overlay District:
Total lot area minus the constrained land.
Units sold or rented to families earning up to 120% of the area median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development.
A vertical distance measured from the elevation of the proposed finished grade at the front of a building to the highest point on the roof for flat roofs, to the deck lines of mansard roofs, and to the mean height between the eaves and ridge for gable, hip, or gambrel roofs.
The diameter of a tree trunk measured at a point six inches above the ground for a tree measuring up to and including four inches in diameter and 12 inches above the ground for a tree measuring above four inches in diameter. The term is usually applied to nursery stock.
All the real property and improvements, including without limitation, landscaped areas, buffers, greenway land not included within title lines of any privately owned lot, street rights-of-way not dedicated to the Township owned in common by residents within the development which is served by the facilities.
A nonprofit organization comprised of homeowners or property owners, the function of which is to maintain and administer property owned in common by members of the association or by the association, to protect and enhance the value of the property owned individually by each of the members. Homeowners associations and condominium associations are types of community associations.
Real estate, portions of which is designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those separate portions, in accordance with the Pennsylvania Uniform Condominium Act 1980-82, 68 Pa.C.S.A. § 3101 et seq., as amended.
A large, privately owned and maintained lot, containing an existing dwelling, farm complex, or historic structure, comprising part of the required greenway land in a conservation subdivision. An area of at least one acre surrounding the dwelling, farm complex or historic structure is set aside and is not counted toward the required minimum greenway land. The remainder of the conservancy lot is permanently protected greenway land. Public access to conservancy lots is not required.
Lands within the one-hundred-year floodplain (including the floodway), wetlands and prohibitive steep slopes (above 25%). All primary conservation areas are located within greenway lands.
All landscape elements not included in the primary conservation areas, which do not create severe limitations for development, but which should be considered for conservation due to their capacity for helping to provide, along with the primary conservation areas, an interconnected system of open space and recreation. In conservation subdivision design, some secondary conservation areas are located within greenway lands, and others are not.
The acreage sum of certain features on the land, each of which is multiplied by a net-out factor set forth in this chapter.
The diameter of a tree trunk measured at a point 4.5 feet above the ground at the base of the tree. If a tree divides or splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. The term is usually applied to trees in the field (not nursery stock).
An area of greenway land, surrounded by streets on at least two and often three or four sides, around which dwellings that face the green are organized. Common greens are often designed as terminal vistas within a street system.
A parcel or parcels of land and/or water, within a development site set aside for the protection of natural and cultural resources. It is also intended for the use and enjoyment by the residents of such development and possibly the general public. Greenway land is substantially free of structures, but may contain such improvements as are in the finally approved development plan, and does not include individually owned private yards, except in the case of approved conservancy lots. Greenway land may be a combination of natural or naturalized areas (such as the municipal greenway network and rural trails) and more manicured areas (such as common greens, squares, parks and playing fields). Greenway land is permanently restricted against further development. Greenway and greenway land are synonymous.
The total area of a lot or tract.
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak).
Any structure that is:
Listed individually on the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Eligible for any of the above listings.
A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community.
Predominantly non-native, non-indigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate that they kill off or drive out many indigenous plant species.
Any activity, which exposes soils, alters topography and/or alters woody vegetation, except for removal of a safety hazard, diseased trees, or invasive vegetation.
The area contained within the property lines of a lot (as shown on a plan), excluding space within an existing or ultimate street right-of-way and within all permanent drainage easements, but including areas of all other easements assigned to an individual owner or to a given collective use by means of a subdivision of land. Open space required under this chapter shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit.
The gross lot area minus the constrained land, according to this chapter.
See "conservation area, primary."
Areas where the bedrock protrudes through the surface of the ground.
See "conservation area, secondary."
Disturbance of environmentally sensitive areas, such as lands within the one-hundred-year floodplain, wetlands, slopes in excess of 25%, rock outcroppings and any other area listings in the Centre County and/or Gregg Township Comprehensive Plan's Natural Heritage Section.
A unique, rare, or otherwise specifically selected tree or plan considered worthy of conservation by the municipality, because of its species, size, age, shape, form historical importance, or any other significant characteristics, including listing as a species of special concern by the Commonwealth of Pennsylvania. The following table provides minimum diameter at breast height (DBH) for determining specimen size of certain species. Species not listed, with a DBH 20 inches or greater are considered specimen.
Species | Minimum Size (dbh) |
|---|---|
Ash | 32 inches |
Beech | 32 inches |
Cherry | 24 inches |
Elm | 30 inches |
Hemlock | 30 inches |
Locust | 30 inches |
Maple | 32 inches |
Oak | 32 inches |
Osage Orange | 20 inches |
Pine | 30 inches |
Sassafras | 20 inches |
Spruce | 30 inches |
Sycamore | 36 inches |
Tulip Poplar | 36 inches |
Walnut | 30 inches |
Hickory | 32 inches |
Areas of land where the grade is 15% or greater. Steep slopes are divided into two categories:
PRECAUTIONARY SLOPESThose areas of land where the grade is 15% to 25%.
PROHIBITIVE SLOPESThose areas of land where the grade is greater than 25%.
Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. Slope shall be measured over three two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
The scene terminating the view down a road or street, as at an intersection or on the outside of a curve.
Natural and friable loam containing sufficient nitrogen, phosphorus and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
The gross tract area minus the constrained land.
The total amount of land contained within the limits of the legally described property lines bounding the tract.
The diameter of the trunk is often great, but not always. The tree shows signs of regression, dead branches, stag headed. The tree carries dead wood in both branches and trunk. The tree may show signs of past damage such as pollarding and lightning strike. The latter often shows scars running down the trunk to the ground. The tree is hollow although this may not always be obvious as the hollowed-out center may be encased in living outer tree.
Trees which bear man-made markings or evidence of non-naturally occurring reformative growth patterns.
Trees which served as a signpost or communication device.
Trees acting as a message board, boundary marker, warning sign, or having evidence of domestic usage.
Trees as repositories of vital information or daily recordkeeping.
Trees containing information pertaining to any cultural or historical event which occurred during the lifespan of the tree.
Natural flow of water that varies in size, depending on the ground slope and the number of tributaries.
Areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the State Department of Environmental Protection, the more restrictive definition shall apply.
A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (larger than six inches dbh) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than six inches dbh, shall be considered a woodland. The extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in the plant community.
4.
Conservation Subdivision Plan Processing Procedures.
A.
All preliminary and final subdivision or land development plans shall be referred to and reviewed by the Planning Commission and shall be approved or disapproved by the Board of Supervisors in accordance with the procedures specified in this section and in other sections of this chapter. Any application, not processed as required herein shall be null and void unless it was made prior to the adoption of these regulations.
B.
Overview of Procedures. Subsections 4B(1) and (5)-(9) below are required under this section, unless specifically waived by the Township. Subsections 4B(2)-(4) (Site Inspection by Planning Commission and Applicant, Pre-Sketch Plan Conference and Sketch Plan Submission and Review) are optional but strongly encouraged as important, valuable and highly recommended steps that will speed the review process and may result in lower costs for the project. The following steps shall be followed sequentially, and may be combined only at the discretion of the Township:
(1)
Existing resources and site analysis plan, as described in Centre County Subdivision and Land Development Ordinance.
(2)
Site inspection by Planning Commission and applicant.
(3)
Pre-sketch plan conference.
(4)
Sketch plan submission and review (diagrammatic sketch, optional step).
(5)
Preliminary plan; determination of completeness; preliminary resource conservation plan and sewage planning module submission; review by Township and County Planning Commissions, and Township Engineer; and approval by Supervisors on advice of the Township Planning Commission. (In the Conservation Design Overlay District, the four-step design process described in the Centre County Subdivision and Land Development Ordinance must be followed.)
(6)
Final plan, preparation: incorporation of all preliminary plan approval conditions, documentation of all other agency approvals, as applicable.
(7)
Final plan, submission: determination of completeness, review, and approval.
(8)
Township Board signatures.
(9)
Recording of approved final plan with the Centre County Recorder of Deeds.
C.
If an applicant requests to have the Township Engineer attend the pre-application meeting, site inspection, or pre-sketch conference, or review and issue a report on a sketch plan, the applicant shall reimburse the Township for the cost of the Township Engineer's attendance and/or report.
5.
Conditional Use Procedures and Standards. All conditional uses permitted in this section shall comply with the procedures and standards set forth in Part 9 of this chapter.
6.
By-Right Development Options. In order to achieve the purposes in Subsection 2, this section provides for flexibility in designing new residential subdivisions by allowing two forms of "by-right" development referred to as "options" as summarized below:
A.
Option 1. Neutral density and basic conservation, providing for residential uses at the density permitted by the underlying zoning. Greenway lands comprise 50% or more of the tract area. The flexibly designed layouts work well with both individual wells and septic systems located in the open space, or with central wells and sewage treatment facilities.
B.
Option 2. Enhanced density with greater conservation, providing for higher density residential uses and a larger percentage (60% or more) of greenway land in more flexibly designed layouts. Public or community sewer and water systems are required.
7.
General Regulations. The design of all new subdivisions in the Conservation Design Overlay District shall be governed by the following minimum standards:
A.
Ownership. The tract of land may be held in single and separate ownership or by multiple owners. However, when a tract is held by multiple owners, it shall be planned as a single entity with common authority and common responsibility.
B.
Site Suitability. As evidenced by the existing resources/site analysis plan, the preliminary plan, and the final plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.
C.
Combining the Design Options. The various layout and density options described in this subsection may be combined at the discretion of the Board of Supervisors upon recommendation of the Planning Commission, based upon demonstration by the applicant that such a combination would better fulfill the intent of this chapter, in particular the stated purposes of this subsection, as compared with applying a single option to the property.
D.
Intersections and Access. New intersections with existing public roads shall be minimized.
E.
Sensitive Area Disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Lands within the one-hundred-year floodplain, wetlands, slopes in excess of 25%, rock outcroppings and any other area listings in the Centre County and/or Gregg Township Comprehensive Plans' Natural Heritage Sections constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be a prerequisite to approval of both the preliminary plan and the final plan.
F.
Community Wastewater Systems. All community wastewater disposal systems shall be designed and constructed in accordance with the regulations of the Pennsylvania Department of Environmental Protection, and shall be subject to the review and recommendation of the Township Engineer and Sewage Enforcement Officer.
G.
Community Water System. Must be able to demonstrate sufficient supply for 20 years or be connected to public water system.
8.
Use Regulations. Land in the Conservation Design Overlay District may be used for the following purposes:
A.
Single-family detached dwellings in a conservation design is encouraged.
C.
District Regulation Amendments to Part 3 of this chapter.
(1)
The minimum area for each use or dwelling unit shall comply with the adjusted tract area and minimum net lot area requirements of Subsection 9 of this section.
(2)
In standard subdivisions of four or more lots without greenway lands (i.e., standard or conventional lotting).
(3)
In the R District, the minimum lot area per principle use or dwelling unit is 0.75 (32,670 square feet) acres, except as follows:
(a)
Where either public or off-site water, or public or off-site sewage disposal is available or proposed, the minimum lot size shall be 1/2 of one acre or 21,780 square feet.
(b)
Where both public or off-site water and public or off-site sewage systems are available or proposed, the minimum lot size shall be 1/2 acre or 14,375 square feet.
(4)
In the A District, the minimum lot size for a dwelling unit is 0.75 acres (32,670 square feet) except as follows:
(a)
Where either public or off-site water, or public or off-site sewage disposal is available or proposed, the minimum lot size shall be 1/2 acre or 21,780 square feet.
(b)
Standard subdivisions with four or fewer lots shall comply with the lot, yard and height regulations of this chapter, as revised. Conservation subdivisions with greenway lands shall comply with the lot, yard and height regulations in Subsection 9C of this section. Subsection 9 sets forth the development densities and required greenway land percentages.
9.
Dimensional Standards and Density Determination.
A.
Dimensional Standards for Option 1 – Neutral Density and Basic Conservation. Density Factor.
(1)
One dwelling unit per 32,670 square feet (0.75 acres) in the R District, and one dwelling unit per 65,340 square feet (1.5 acres) in the A District, as determined through the adjusted tract area method or yield plan method described in Subsection 9C herein. This is "density-neutral" with the underlying zoning provisions for these districts. Please note that it may not be possible to meet the maximum density with on-lot sewer and water systems. If maximum density determined by the adjusted tract area method (in Subsection 9C) is not achievable because of the standards for on-lot sewer and water systems, the density shall be determined using the yield plan method (in Subsection 9C).
(2)
Minimum Required Greenway Land. The subdivision must include at least 50% of the Adjusted Tract Area plus all of the constrained land calculated in Subsection 9C below as greenway land. Greenway land shall not be used for residential lots, except in the case of "conservancy lots."
(3)
Common Greens. At least 2% to 3% of the required open space shall be in the form of common greens. A green is commonly 5,000-20,000 square feet in area, with a maximum area of 32,000 square feet. The minimum percent of open space in common greens shall be determined as follows:
(4)
Dimensional Standards for Option 1. The dimensional standards are based on the availability of community or public sewer and water, community or public sewer or water (with the other system being on-lot), and on-lot sewer and water. See the table below:
Option 1 | |
|---|---|
R District | |
Density | 1 du/32,670 SF ATA |
Greenway Land | 50% ATA plus constrained land |
Minimum Lot Size | 12,250 SF |
A District | |
Density | 1 du/65,340 SF ATA |
Greenway Land | 50% ATA plus constrained land |
Minimum Lot Size | 17,960 SF |
Community/Public Sewer and Water | Community/Public Sewer and Water | On-Lot Sewer and Water | |
|---|---|---|---|
Minimum Lot Size (square feet) | 8,462 | 16,335 | 30,000 |
Minimum Lot Width (feet) at building setback line | 65 | 100 | 120 |
Minimum Street Frontage (feet) | 20 | 20 | 20 |
Minimum Front Yard (feet) at ultimate right-of-way line | 20 | 20 | 20 |
Minimum Rear Yard (feet) | 40 | 40 | 40 |
Minimum/Aggregate Side Yard (feet) | 5/22 | 5/35 | 5/35 |
Maximum Impervious Surface Coverage (percent) | 25 | 20 | 20 |
Maximum Building Height (feet) | 35 | 35 | 35 |
B.
Dimensional Standards for Option 2 – Enhanced Density with Greater Conservation.
(1)
Density Factor. One dwelling unit per 49,000 square feet (1.125 acres) in the R District, and one dwelling unit per 65,340 square feet (1.5 acres) in the A and O Districts as determined through the Adjusted Tract Area Method or Yield Plan described in Subsection 9C herein.
(2)
Minimum Required Greenway Land. The subdivision must include at least 60% of the Adjusted Tract Area plus all of the constrained land calculated in Subsection 9C below, as greenway land. Greenway land shall not be used for residential lots, except in the case of "conservancy lots."
(3)
Common Greens. At least 2% to 3% of the required open space shall be in the form of common greens. A green is commonly 5,000-20,000 square feet in area, with a maximum area of 32,000 square feet. The minimum percent of open space in common greens shall be determined as follows:
(4)
Dimensional Standards for Option 2. Community or public sewer and water systems are required. See the table below:
Option 2 | |
|---|---|
R District | |
Density | 1 du/24,500 SF ATA (25% density increase) |
Greenway Land | 60% ATA plus constrained land |
Minimum Lot Size | 6,730 SF |
A District | |
Density | 1 du/49,000 SF ATA (25% density increase) |
Greenway Land | 60% ATA plus constrained land |
Minimum Lot Size | 13,475 SF |
Community/Public Sewer and Water | |
|---|---|
Minimum Lot Size (square feet) | 18,000 |
Minimum Lot Width (feet) at building setback line | 80 |
Minimum Street Frontage (feet) at ultimate right-of-way line | 20 |
Minimum Front Yard (feet) | 20 |
Minimum Rear Yard (feet) | 40 |
Minimum/Aggregate Side Yard (feet) | 5/35 |
Maximum Impervious Surface Coverage (percent) | 30 |
Maximum Building Height (feet) | 35 |
C.
Density Determination for Option 1 and 2 Subdivisions. Applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:
(1)
Adjusted Tract Area Method. Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract area of the site.
(a)
The adjusted tract area equals the gross tract area minus the constrained land, defined as the sum of the following:
Feature | Area of Feature (acres) | Protection Factor | Constrained Land (acres) | |
|---|---|---|---|---|
1 | One-hundred-year Floodplain | x 1.0 (100%) = | ||
2 | Wetlands | x 0.95 (95%) = | ||
3 | Prohibitive Steep Slopes (over 25%) | x 0.85 (85%) = | ||
4 | Precautionary Steep Slopes (15-25%) | x 0.25 (25%) = | ||
5 | Existing Rights-of-Way or Easements for Aboveground and Underground Utilities | x 1.0 (100%) = | ||
6 | Land Protected from Development by Easements | x 1.0 (100%) = | ||
7 | Rock Outcroppings Over 1,000 SF in Area | x 0.90 (90%) = | ||
8 | Natural Heritage Areas | x 0.90 (90%) = | ||
CONSTRAINED LAND = SUM OF 1-8 | ||||
(b)
If a portion of the tract is underlain by more than one natural feature subject to a density factor, that acreage shall be subject to the most restrictive density factor.
(c)
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the gross tract area should not be included when calculating the adjusted tract area.
(2)
Yield Plan Method. Determination of density, or maximum number of permitted dwelling units, shall be based upon a yield plan. A yield plan shall meet the following requirements:
(a)
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision Ordinance, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be surveyed. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the ability of the site to utilize on-lot soils-based sewage disposal methods.
(b)
Yield plans should also reflect the dimensional standards for the zoning district(s) in which the proposal is located, and the development option(s) chosen. The yield plan must identify the site's primary and secondary resources, as identified in the existing resources/site analysis plan, and demonstrate that the primary resources could be successfully absorbed on the lots without disturbance.
(c)
On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by individual soils-based septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during an on-site visit of the property, the Planning Commission shall select a 10% sample of the lots, considered to be marginal, for on-lot sewage disposal. The applicant is required to provide evidence that each of these lots meets the standards for an individual soils-based septic system. Should any of the lots in a sample fail to meet the standard for individual soils-based septic system, those lots shall be deducted from the yield plan and a second 10% sample shall be selected by the Township Planning Commission and tested for compliance. This process shall be repeated until all lots in a given sample meet the standard for an individual soils-based septic system. The applicant shall be granted the full density determined by the resulting yield plan. For the purposes of determining density under this subsection, this standard shall exclude holding tanks, individual stream discharge systems and evapotranspiration systems.
(d)
Yield Plan Dimensional Standards. The following dimensional standards shall be used in the development of yield plans for Option 1 and 2 subdivisions in the R and A Districts. These minimum aerial dimensions are exclusive of all wetlands, slopes greater than 25%, and land under high-tension electrical transmission lines (69kV or greater). No more than 25% of the minimum required lot area may consist of land within the one-hundred-year floodplain, and only then if it is free of wetlands.
Standard | R District Option 1 | R District Option 2 | A District Option 1 | A District Option 2 |
|---|---|---|---|---|
Minimum Lot Area (square feet) | 65,340 | 49,000 | 87,120 | 65,340 |
Minimum Lot Width | 125 | 110 | 150 | 125 |
Front Yard Setback (feet) | 50 | 50 | 50 | 50 |
Rear Yard Setback (feet) | 25 | 25 | 25 | 25 |
Side Yard Setback (feet) | 15/30 | 15/30 | 15/30 | 15/30 |
D.
Design Standards for Option 1 and 2 Subdivisions.
(1)
House lots shall not encroach upon primary conservation areas as identified in Subsection 9D(2) below, and their layout shall respect secondary conservation areas as described in both this chapter and in the Subdivision Ordinance.
(2)
All new dwellings shall meet the following setback requirements:
Feature | Required Setback |
|---|---|
Ultimate Right-of-Way of External Road | 100 feet |
All Other Tract Boundaries | 50 feet |
Cropland of Pasture Land | 100 feet |
Building or Barnyard Housing Livestock | 300 feet |
Active Recreation Area Such as Court or Playing Field (Not Including Tot Lots) | 150 feet |
(3)
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
(4)
At least three-quarters of the lots shall directly abut or face greenway land across a street.
(5)
Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the greenway land created under this Subpart are contained in §§ 15-520 through 15-523 of this chapter.
10.
Greenway Land Use and Design Standards. Protected greenway land in all subdivisions shall meet the following standards:
A.
Uses Permitted on Greenway Lands. The following uses are permitted in greenway land areas:
(1)
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(2)
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, orchards, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are concentrated livestock operations (CAOs or CAFOs) involving swine, poultry, cattle, mink, and other animals likely to produce highly offensive odors.
(3)
Pasture land for horses used solely for recreational purposes. Equestrian facilities shall be permitted but, may not consume more than half of the minimum required greenway land.
(4)
Forestry, in keeping with established best management practices for selective harvesting and sustained-yield forestry. Diseased or damaged limbs or trees may be removed at any time.
(5)
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors.
(6)
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land or 10 acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 20 parking spaces each.
(7)
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required greenway land, but shall not include miniature golf.
(8)
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway. Land used for sewage lagoons may not be counted toward the minimum required greenway land.
(9)
Easements for drainage, access, sewer or water lines, or other public purposes.
(10)
Underground Utility Rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
B.
Greenway Design Standards.
(1)
Greenway lands shall be laid out in general accordance with the Township's Map of Potential Conservation Lands (in the Comprehensive Plan) to encourage that an interconnected network of open space will be provided. The required greenway land consists of a mixture of Primary Conservation Areas (PCAs), all of which must be included, and Secondary Conservation Areas (SCAs). PCAs comprise floodplains, wetlands, and slopes over 25%. SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in Section 603 (Greenway Design Review Standards) in the Centre County Subdivision Ordinance.
(2)
The minimum amount of greenway land shall be provided as set forth in § 15-519, Subsections 1 and 2. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township, or by a private individual (typically as part of the original farmhouse or estate). However, in no case shall less than 30% of the land comprising the "adjusted tract area" be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
(3)
Buffers for Adjacent Public Parkland. Where the proposed development adjoins existing public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction).
C.
Other Requirements.
(1)
No portion of any building lot may be used for meeting the minimum required greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
11.
Permanent Greenway Protection Through Conservation Easements. In Option 1 and 2 subdivisions, the required greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board of Supervisors. A list of permitted uses of greenway lands is contained in this Subpart in § 15-520.
12.
Discretionary Density Bonuses. The Board of Supervisors may allow additional density when one of the following public benefits is proposed:
A.
Public Usage of Greenway Land. The Board of Supervisors may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards. A density bonus for greater public usage of greenway land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of greenway land or per 2,500 linear feet of trail that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate greenway land to public usage within a proposed subdivision shall be at the discretion of the Board of Supervisors, which shall be guided by the recommendations contained in the Open Space Plan, particularly the Greenways and Open Space Conservation Plan that shows proposed greenway links that are publicly accessible.
B.
Endowment for Greenway Maintenance.
(1)
When greenway land is to be donated to a land trust or to the Township, the Board of Supervisors may allow up to a 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the greenway land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisors, and with experience in managing conservation land and recreational facilities. The developer shall transfer this fund to the designated entity with ownership and maintenance responsibilities, at the time this entity is created.
(2)
When estimating the projected maintenance costs of the greenway land, greenway land that is not accessible by the subdivision residents for their common enjoyment need not be included in the calculations. Such lands would typically include areas designated on the final plan as land reserved for future agricultural, horticultural, silvicultural (forestry), or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
C.
Provision for Affordable Housing. A density increase is permitted where the subdivision proposal provides on-site or off-site housing opportunities for low- or moderate-income families. When off-site housing provision is proposed, the Board shall require evidence that these units will in fact be constructed by a certain date. The amount of density increase shall be based on the following standard: for each affordable housing unit provided under this subsection, one additional building lot or dwelling unit shall be permitted, up to a maximum 15% increase in dwelling units. Affordable housing is herein defined as units sold or rented to families earning up to 120% of the area median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development. (See also Chapter 5, Housing.)
D.
Implementation. For each of the above categories of public purposes, density bonuses may be implemented by reducing the amount of required greenway land by up to 10%, reducing the minimum lot area requirements by up to 10%, or by a combination of these approaches, at the discretion of the Board. The cumulative reductions may total up to 30%, if the Board is satisfied that the public purposes are being served.
13.
Ownership and Maintenance of Greenway Land and Common Facilities.
A.
Development Restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in Subsection 10.
B.
Ownership Options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this subsection, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(2)
Condominium Association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as "common element."
(3)
Homeowners' Association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
(a)
The applicant shall provide the Township a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(b)
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c)
Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title.
(d)
The association shall be responsible for maintenance and insurance of common facilities.
(e)
The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
(f)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Township no less than 30 days prior to such event.
(g)
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(4)
Private Conservation Organization or Centre County. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to Centre County provided that:
(a)
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely.
(b)
The conveyance contains appropriate provisions for proper reverter or retransfer to a homeowners' association in the event that the organization or Centre County becomes unwilling or unable to continue carrying out its functions.
(c)
The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions.
(d)
A maintenance agreement, acceptable to the Township, is established between the owner and the organization or Centre County.
(5)
Dedication of Easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(6)
Non-Common Private Ownership. Up to 80% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 15-520, and that the Township or any owner in the subdivision is given the ability to enforce these restrictions.
C.
Maintenance.
(1)
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(2)
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements.
(a)
The plan shall define ownership.
(b)
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).
(c)
The plan shall estimate staffing needs, insurance requirements, associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(d)
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(e)
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
(3)
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(4)
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Centre County.