The purpose of this Article is to allow the optional DEVELOPMENT and redevelopment of land in Marshall TOWNSHIP consistent with the Design principles of traditional neighborhoods.

The TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) is allowed in the Town Center (TC) District and Route 19 Boulevard (RB) District as a conditional USE. TRADITIONAL NEIGHBORHOOD DEVELOPMENT in the RB District encourages a mixture of retail USES, restaurants, services, work places, entertainment and civic facilities, and moderate- to high-density housing in a compact pattern that balances automobile access with strong pedestrian elements to create a walkable environment. TRADITIONAL NEIGHBORHOOD DEVELOPMENTS within the TC District encourages complete traditional neighborhoods with a diverse range of DWELLING types, such as single- and two-FAMILY houses, attached townhouses, and condominium or apartments mixed together for a moderate- to high-density compact pattern of DEVELOPMENT that balances automobile access with strong pedestrian elements to create a walkable environment.

A.

Minimum DEVELOPMENT Size: Five (5) acres in the TC District. Ten (10) acres in the RB District.

B.

Maximum permitted residential DENSITY shall be 24 UNITS per gross acre.

C

All TRADITIONAL NEIGHBORHOOD DEVELOPMENT shall follow the conditional USE and LAND DEVELOPMENT procedures established in this Article.

D.

All TRADITIONAL NEIGHBORHOOD DEVELOPMENT shall be served by public water and sewer systems.

E.

The total number of residential UNITS within the TRADITIONAL NEIGHBORHOOD DEVELOPMENT shall be determined as part of the preliminary approval process for the LAND DEVELOPMENT.

A.

USE.

1.

The entire land area of the TND shall be divided into BLOCKS, STREETS and LOTS.

2.

Similar land categories shall generally front across STREETS. Dissimilar categories shall abut at REAR LOT LINES. CORNER LOTS that front on STREETS of dissimilar USE shall be set back the same as the adjacent USE with the lesser SETBACK.

3.

Large-scale, single USE (conference SPACES, theaters, athletic facilities, etc.) shall occur behind or above habitable STREET front space.

4.

Any USE listed as a permitted or conditional USE within the underlying ZONING DISTRICT (TC or RB) in Section 208-301 shall be considered a permitted USE within a TND. All provisions in Article 2600 CONDITIONAL USES shall be complied with for those USES listed as CONDITIONAL USES within Section 208-301. ACCESSORY USES within a TND shall be governed by Section 208-302.

5.

A minimum of ten percent and a maximum of 50 percent of the gross land area of the TRADITIONAL NEIGHBORHOOD DEVELOPMENT shall be Designated for business USE in the Town Center (TC) District.

6.

A minimum of 50 percent and a maximum of 75 percent of the gross land area of the TRADITIONAL NEIGHBORHOOD DEVELOPMENT shall be Designated for business USE in the Route 19 Boulevard (RB) District.

7.

For the purposes of determining the permitted percentage land allocated to business USES detailed in Subsections 208-1803(A)(5) and (6), mixed USE BUILDINGS shall be prorated based upon the total percentage of floor area allocated to business USE and RESIDENTIAL USE.

8.

All USES shall be conducted within complete enclosed BUILDINGS unless otherwise specified.

9.

FENCES and Walls shall adhere to the provisions of Subsection 304(A) of this Chapter, unless otherwise specified in this section.

B.

LOTS and BUILDINGS.

1.

All LOTS shall share a FRONT LOT LINE with a STREET or SQUARE.

2.

BUILDINGS shall include a variety of SETBACKS. No more than three (3) BUILDINGS in a row shall have the same SETBACK from the RIGHT-OF-WAY line to the BUILDING LINE.

3.

All BUILDINGS shall have their main entrance fronting the STREET or SQUARE.

C.

STREETS and ALLEYS.

1.

STREETS shall provide access to all TRACTS and LOTS.

2.

All STREETS and ALLEYS shall terminate at other STREETS within the neighborhood and connect to existing and projected through STREETS outside the DEVELOPMENT.

3.

There shall generally be a continuous network of ALLEYS o the rear of LOTS within the TND.

4.

The average perimeter of all BLOCKS within the TND shall not exceed 1,600 feet. No block face shall have a length greater than 500 feet without a dedicated ALLEY or pathway providing through access.

D.

Parking.

1.

Minimum parking requirements for USES within a TND shall be 90 percent of the minimum parking requirement for that USE as indicated in Section 208-1902 of this Article. Maximum parking permitted for that USE shall be 110 percent of the minimum parking requirements as indicated in Section 208-1902.

2.

On-STREET parking along the frontage of the USE shall count towards the required minimum PARKING SPACES required for that USE.

3.

PARKING LOTS shall generally be located at the rear or at the side of BUILDINGS and shall be screened from the sidewalk by per the applicable provisions for perimeter landscaping contained in Section 208-2003.

4.

Primary STREET FRONTAGES shall have no vehicular entries, for properties with another STREET FRONTAGE Properties with a single-frontage on a primary STREET shall be limited to a maximum of two single lane-width vehicular entries separated by a minimum of 20 feet. These requirements do not apply to FRONTAGES on Northgate Drive.

5.

Adjacent PARKING LOTS shall have vehicular connections via an ALLEY or internally.

6.

All PARKING LOTS shall conform to the Design standards contained in Article 1900 and Article 2000 of this Chapter.

E.

Landscaping and STREET TREES.

1.

Requirements for landscaping and STREET TREES shall be governed by Subsections 208-905(C)(5) and (E) for TRADITIONAL NEIGHBORHOOD DEVELOPMENTS located within the TC district, and Subsections 208-1005(C)(5) and (E) for TRADITIONAL NEIGHBORHOOD DEVELOPMENTS located within the RB district.

A.

USE.

1.

Land Designated for single FAMILY USE shall contain BUILDINGS for RESIDENTIAL USES,

2.

An accessory BUILDING is permitted on each LOT.

B.

LOTS and BUILDINGS.

1.

BUILDINGS on single FAMILY LOTS shall be SETBACK between zero and 20 feet from the RIGHT-OF-WAY line.

2.

BUILDINGS on CORNER LOTS shall be SETBACK between ten and 20 feet from the RIGHT-OF-WAY LINE from each STREET.

3.

BUILDINGS on single FAMILY LOTS shall be SETBACK from the SIDE LOT LINES equivalent to no less than 20 percent of the width of the LOT. The entire SETBACK may be allocated to one side.

4.

BUILDINGS on single FAMILY LOTS shall be SETBACK no less than ten feet from the REAR LOT LINE.

5.

BUILDINGS on single FAMILY LOTS shall cover no more than 40 percent of the LOT AREA.

6.

BUILDING HEIGHT shall be between 20 and 40 feet.

C.

STREETS and ALLEYS.

1.

The following public improvements shall be required for all STREETS: Two nine (9) foot wide travel lanes, two five (5) foot wide planting STRIPS for STREET TREES, and two five (5) foot wide concrete sidewalks.

2.

ALLEYS: Twenty (20) foot RIGHT-OF-WAY with twelve (12) foot cartway (if provided).

A.

USE.

1.

Land Designated for multi-FAMILY USE shall contain BUILDINGS for RESIDENTIAL USE.

2.

An ACCESSORY BUILDING is permitted on each LOT.

B.

LOTS and BUILDINGS.

1.

BUILDINGS shall be SETBACK between zero and 15 feet from the RIGHT-OF-WAY line.

2.

BUILDINGS at STREET intersections shall be SETBACK from ten to 15 feet from both STREET RIGHT-OF-WAY LINES.

3.

BUILDINGS shall have no required SETBACKS from SIDE LOT LINES.

4.

BUILDINGS shall cover no more than 50 percent of the LOT AREA.

5.

BUILDING HEIGHT shall be between 25 and 50 feet.

6.

Maximum IMPERVIOUS SURFACE RATIO: 70 percent.

C.

STREETS and ALLEYS.

1.

The following public improvements are required for STREETS. Two nine (9) foot wide paved travel lanes, one eight (8) foot wide paved parking lane, two five (5) foot wide planting STRIPS for STREET TREES and STREET lights and two five (5) foot wide concrete sidewalks.

2.

ALLEYS (if provided): Twenty (20) foot RIGHT-OF-WAY with twelve (12) foot cartway.

(Amended 9-29-2008 by Ord. No. 393)

A.

USE.

1.

Land Designated as residential mixed-USE BUILDING USE shall contain residential and commercial USES.

2.

At least 33 percent of the GROSS FLOOR AREA all be Designated for RESIDENTIAL USE.

3.

RESIDENTIAL USES are not permitted on the ground floors of mixed-USE BUILDINGS.

B.

LOTS and BUILDINGS.

1.

BUILDINGS on residential mixed-USE BUILDING LOTS shall have a SETBACK of zero to 25 feet from the front RIGHT-OF-WAY line. The SETBACK for CORNER LOTS shall be between 10 and 25 feet.

2.

The SETBACK for CORNER LOTS shall be between 10 and 25 feet.

3.

BUILDINGS on residential mixed-USE BUILDING LOTS shall have no SETBACK from at least one SIDE LOT LINE.

4.

BUILDINGS on residential mixed-USE BUILDING LOTS shall cover no more than 60 percent of the LOT AREA.

5.

BUILDING HEIGHT shall be between 25 and 50 feet.

6.

Maximum IMPERVIOUS SURFACE RATIO: 75 percent.

C.

STREETS and ALLEYS.

1.

The following public improvements shall be required for STREETS: Two nine (9) foot wide paved travel lanes, two eight (8) foot wide paved parking lanes, two five (5) foot wide planting STRIPS for STREET TREES and lighting, and two six foot (6) foot wide concrete sidewalks.

2.

ALLEYS (if provided): Twenty (20) foot RIGHT-OF-WAY and twelve (12) foot cartway.

A.

LOTS and BUILDINGS.

1.

Land Designated for NON-RESIDENTIAL BUILDINGS shall be between zero and 25 feet on side and FRONT LOT LINES, except for CORNER LOTS where a minimum front SETBACK of ten to 25 feet shall be required for both FRONTAGES.

2.

NON-RESIDENTIAL BUILDINGS shall not cover more than 65 percent of the LOT AREA.

3.

Maximum IMPERVIOUS SURFACE RATIO 80%.

B.

STREETS and ALLEYS.

A.

BUILDING Materials/Colors/BUILDING Roof Treatment.

1.

BUILDING Exterior wall materials not permitted include:

(a)

Large split face BLOCKS (e.g., 8" × 16" or greater).

(b)

Tilt-up concrete panels.

(c)

Prefabricated steel panels.

(d)

Standard Concrete Masonry UNITS (CMU).

(e)

Comparable materials may be approved by the BOARD OF SUPERVISORS.

2.

Permitted exterior wall materials shall consist of: Colors which are low reflectance, subtle, neutral or earth tone. The USE of high intensity colors or black may be permitted upon review of Design features. The USE of fluorescent color is prohibited.

3.

Roofs must have at least one (1) of the following features:

(a)

Parapets concealing flat roofs and rooftop equipment.

(b)

Overhanging eaves.

(c)

Sloped roofs.

(d)

GREEN ROOFS.

B.

BUILDING Mechanicals.

1.

All BUILDING mechanical systems such as air conditioning UNITS, exhaust systems, satellite dishes, fire escapes, elevator housing, and other similar elements (including dumpsters) shall be integrated into the overall Design and character of the BUILDING and screened from view.

2.

Landscaping and other screening devices, including decorative opaque fencing shall be Used to soften the view of these features from the adjoining properties and the public STREET.

3.

Architectural lighting shall be recessed under roof overhangs or generated from a concealed source, low-level light fixtures. This includes lighting Used under canopies, e.g., canopies Designed over gas pumps.

C.

Loading and Storage AREAS. Loading docks, trash collection and similar facilities shall be incorporated in the overall Design of the BUILDINGS and the landscaping plan so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public STREETS.

1.

Loading dock facilities shall be screened by a solid masonry wall at least six (6) feet in height. Trash collection and similar facilities shall be completely enclosed within masonry wall or solid FENCE, at least six (6) feet in height on three sides and a self-closing gate on the fourth side. Dumpster AREAS shall have hardened, stabilized SURFACES constructed to prevent accumulation of stormwater runoff.

D.

BUILDING Orientation.

1.

All main entrances of BUILDINGS shall front onto the public STREET. If Design dictates, the main entrance may face PARKING AREAS or defined public corridors In no instance shall blank walls face the public STREET.

2.

Sixty (60) percent of the horizontal length of the STRUCTURE facing the STREET shall incorporate windows between three (3) feet and eight (8) feet in height above the sidewalk grade. In addition, sidewalks shall extend from the main entry point and link to the public sidewalk.

3.

Surface treatments to create visual interest such as cornices, brackets, window and door moldings and details, recesses, projections, AWNINGS, porches, steps, decorative finish materials and other architectural articulation shall be required along facade facing a public STREET.

E.

Signage shall be regulated as set forth in Section 1005 (F) for TNDs located in the RB ZONING DISTRICT, and by Section 905(F) for TNDs located in the TC ZONING DISTRICT.

A.

A minimum of ten percent of the gross land area of the TND shall be Designated as COMMON OPEN SPACE. A minimum of fifty percent (50%) of the COMMON OPEN SPACE, shall be developed as a common plaza or park that is centrally located within the neighborhood. Public RIGHT-OF-WAY shall not be included as COMMON OPEN SPACE. COMMON OPEN SPACES shall be linked, wherever possible, to create greenways within the TND.

B.

The balance of the required COMMON OPEN SPACE within the neighborhood may be comprised of preserved natural AREAS and public gardens. A maximum of fifty (50%) of this COMMON OPEN SPACE area may be comprised of GREEN ROOFS.

C.

Land lying within fifteen (15) feet of any townhouse BUILDING, garden apartment BUILDING, PARKING AREA or land within a single-FAMILY detached or semi-detached residential lot shall not be calculated toward the required COMMON OPEN SPACE percentage of the TRACT.

D.

COMMON OPEN SPACE AREAS shall be accessible from all BUILDINGS via an on-SITE pedestrian system of sidewalks.

E.

Ownership responsibility of all COMMON OPEN SPACE AREAS, except for GREEN ROOFS, shall be consistent with the provisions of Subsection 174-302(F) of the SUBDIVISION and LAND DEVELOPMENT Ordinance.

F.

Land within individual LOTS shall not be counted toward meeting required COMMON OPEN SPACE.

(Amended 5-12-2008 by Ord. No. 389)

A.

Streetlights and other lighting requirements shall be governed by Subsection 208-905(D)(3) for TRADITIONAL NEIGHBORHOOD DEVELOPMENTS located within the TC district.

B.

Streetlights and other lighting requirements shall be governed by Subsection 208-1005(D)(3) for TRADITIONAL NEIGHBORHOOD DEVELOPMENTS located within the RB district.

A.

A DEVELOPER may construct a TND in stages if the following criteria are met:

1.

The application for preliminary approval covers the entire TND and shows the location and approximate time of CONSTRUCTION for each stage, in addition to other information required by this Chapter.

2.

At least 15 percent of the DWELLING UNITS in the plan given preliminary approval are included in all but the final stage.

3.

The second and subsequent stages are completed consistent with the approved PRELIMINARY PLAN and are of such size and location, including a sufficient degree of completion of the road network and other infrastructure, that they constitute economically sound UNITS of DEVELOPMENT.

4.

Each phase shall include public space in amounts and at locations deemed acceptable by the BOARD OF SUPERVISORS to meet, at minimum, the public space needs generated by that phase and to assure protection of the sensitive features of the TRACT.

5.

Gross residential DENSITY may be varied from stage to stage, provided that final approval shall not be given to any stage if the gross residential DENSITY of the area that includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 20 percent the gross residential DENSITY allowed for the entire TND in the approved PRELIMINARY PLAN.

A.

The TRADITIONAL NEIGHBORHOOD DEVELOPMENT shall be reviewed and approved as provided for in Article 200 of Chapter 174, SUBDIVISION and LAND DEVELOPMENT. If there is a conflict between the provisions of this Article and the provisions of Chapter 174, SUBDIVISION and LAND DEVELOPMENT Ordinance, the provisions of this Article shall apply.

B.

In addition to the application requirements for preliminary approval, stated in the SUBDIVISION and LAND DEVELOPMENT Ordinance, the application and application for a TND shall include:

1.

A written statement by landowner setting forth the reasons why, in his opinion, a TRADITIONAL NEIGHBORHOOD DEVELOPMENT would be in the public interest and would be consistent with the comprehensive plan for DEVELOPMENT in Marshall TOWNSHIP.

2.

Architectural renderings and elevations shall be required and include sufficient detail to articulate the Design standards listed in Section 208-1808 above. These renderings, once approved, will become a part of the PRELIMINARY PLAN. Any substantive architectural deviation (e.g., change in facade Design or materials) from that which was presented and approved at PRELIMINARY PLAN, will subject the Applicant to a new public hearing and PRELIMINARY PLAN approval process.

(a)

Elevations and renderings prepared by an Architect shall be provided for all proposed BUILDINGS, STRUCTURES, and DWELLINGS.

3.

A landscape plan prepared by a Registered Landscape Architect shall clearly identify all required Design elements outlined in the Design standards, as well as, identify each tree and shrub by size, type and scientific name, ball and burlap or bare root, location together with a planting diagram and such other diagrams or reports necessary to show method of planting, staking and mulching, grass seeding specifications and mixtures and existing TREES over eight (8) inches in diameter, among other provisions of that Corridor Enhancement overlay than may apply to the TRADITIONAL NEIGHBORHOOD DEVELOPMENT.

(Amended 5-12-2008 by Ord. No. 389)