Patton Township City Zoning Code
ARTICLE XIII
Mixed-Use Overlay District 2
§ 425-55 District regulations.
A.
Intent. In addition to the general goals listed in § 425-2, General intent, these regulations may be utilized to develop or redevelop properties in the C-2 (Planned Commercial) Zoning District and are intended to:
(1)
Permit and encourage a diverse mix of land uses on properties located near existing commercial and residential areas.
(2)
Facilitate the redevelopment of underutilized commercial properties and allow growth in places that are most conducive to accommodating additional development.
(3)
Provide opportunities for small-scale or locally owned businesses.
(4)
Promote aesthetically pleasing developments with consistent architectural themes.
(5)
Promote communities with bicycle- and pedestrian-oriented buildings and facilities, and connections to and from surrounding properties.
(6)
Promote communities with access to public transit.
(7)
Encourage shared parking facilities to reduce impervious cover and encourage effective management of stormwater runoff.
(8)
Provide workforce and/or affordable housing opportunities consistent with the goals and objectives of the Centre Region Comprehensive Plan.
(9)
Provide public gathering places for community events or public celebrations.
B.
Applicability. These are optional regulations.
(1)
These overlay zoning district regulations, entitled Mixed-Use Overlay District 2 (MXD2), may be applied only within the C-2 Zoning District of Patton Township.
(2)
All existing zoning, land use, and building regulations of the Code of Patton Township now in place continue to apply except where the regulations contained herein conflict. In such case, these regulations are intended to supersede and apply in order to facilitate development consistent with § 425-55A, Intent.
C.
Master plan approval. All development within the MXD2 must be done pursuant to approval of a master plan in accordance with the following procedures:
(1)
Preapplication meeting. A preapplication meeting is recommended but shall not be mandatory, nor shall it be regarded as a formal application for development. The purpose is to provide for an informational exchange where the major elements of a proposed master plan can be reviewed and evaluated at the municipal staff level. The filing of any report, sketch plan, plat, or map prior to or at such meeting shall not constitute submission of a plan or application for development, nor shall such materials be binding on subsequent submissions by the applicant.
(2)
Sketch plan submission. The applicant is encouraged to submit a sketch plan, in both paper and digital format. The purpose is to discuss the conceptual sketch of the proposed development with the municipal staff, Planning Commission, and Board of Supervisors prior to final submission.
(3)
Master plan application and review. Application for master plan approval of an MXD2 development shall commence upon a complete submission as described below:
(a)
A master plan submission shall be deemed complete when the applicant has furnished the following to the Township:
[1]
Twelve copies of a master plan prepared by a registered engineer, surveyor, landscape architect, or similarly qualified person. The plan shall fully comply with the requirements of this article. One additional copy shall be submitted in a digital format acceptable to Patton Township.
[2]
Twelve copies of a narrative which shall fully comply with the requirements of this article.
[3]
Three copies of a transportation impact analysis, which shall comply with the requirements of this article.
[4]
Developer agreement. All property owners or developers proposing to utilize these MXD2 regulations shall declare their intent to do so in the form of a note on the master plan, or in the form of a separate written developer agreement.
(b)
Once the submission is complete, the Township Zoning Officer shall forward copies of the documents to the Township Engineer, Centre Regional Planning Commission, Centre County Planning Commission, COG Fire Director, COG Refuse and Recycling Administrator, University Area Joint Authority, State College Borough Water Authority, State College Area School District, and other appropriate agencies.
(c)
At any time during the review process, the applicant may amend the originally submitted plan solely for the purpose of correcting minor deficiencies in the original plan, to the extent necessary to meet Township requirements.
(d)
Review by the Township Planning Commission.
[1]
At its next regular meeting following the receipt of the application for master plan approval, provided that such application was made at least 30 days prior to the meeting, the Planning Commission shall review the plan to determine its conformance with the provisions contained in these regulations.
[2]
The Planning Commission shall notify the Township Board of Supervisors of any recommended action, and any changes or modifications to the plan after such decision is made, provided that the Planning Commission shall make such recommendations within 70 days after the date the application was filed. No recommendation shall be made until reports from the Centre County and Centre Regional Planning Commissions are received, or until expiration of 30 days from the date the plan was forwarded to these agencies; whichever comes first.
[3]
If review by the Planning Commission results in a recommendation to deny approval, notification to the Township Board of Supervisors shall specify the deficiencies found in the plan, list the requirements that have not been met, and cite the provisions from which such requirements originate.
(e)
Review by the Township Board of Supervisors. Upon receipt of the recommendation from the Planning Commission, or upon failure to receive recommendations within 70 days after submittal, the Board of Supervisors shall review the application for master plan approval.
[1]
The Board of Supervisors shall review the plan and the written reports of the Township Planning Commission and all other reviewing agencies noted above to determine if the plan meets all applicable regulations.
[2]
Prior to approval of a master plan, the Board of Supervisors shall require a public hearing. The Township shall place a notice of the time and place of the public hearing in a newspaper of general circulation as set forth by the requirements of the Pennsylvania Municipalities Planning Code,[1] and shall also notify all adjoining property owners by mail.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(f)
Approval or denial. The Board of Supervisors, within 50 days following the Planning Commission action or inaction, shall by official written communication to the applicant either:
(g)
When the development may occur over a period of years, the Board of Supervisors may authorize development in phases, subject to requirements or guaranties of improvements in future phases of the development that it finds essential for the protection of any approved phase. A schedule shall be submitted with the application for master plan approval in accordance with § 425-55C(4)(d). Requests by the landowner or developer to revise the schedule may be granted at the discretion of the Board of Supervisors.
(h)
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the master plan as presented, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation or communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(i)
In the event that approval is granted subject to conditions, the landowner or developer may, within 30 days after receiving a copy of the official written communication of the governing body, notify the Board of Supervisors of their refusal to accept all conditions, in which case, the Board of Supervisors shall be deemed to have denied approval of the master plan. In the event that the landowner or developer does not, within said period, notify the Board of Supervisors of their acceptance of all conditions, approval of the master plan shall be deemed to have been denied.
(j)
Approval of a master plan shall not authorize construction or the issuance of any building permit. Such authorization or issuance shall not occur until a land development plan is approved for the applicable area.
(4)
Required master plan content. Proposed master plans shall be drawn to a scale of one inch equals 100 feet or larger (e.g., one inch equals 30 feet) and shall contain the following information:
(a)
General data.
[1]
Name of proposed development.
[2]
Purpose statement.
[3]
Sheet index.
[4]
North arrow.
[5]
Graphic and written scale.
[6]
Location map showing the proposed development in relation to roadways, waterways, and municipal boundaries.
[7]
Legend describing all symbols and land use areas shown on the plan (residential, nonresidential, etc.).
[8]
Date the plan was originally prepared, and the date and description of any revisions after formal submission.
[9]
Name, address, and seal of the individual or firm that prepared the plan.
[10]
Total area of the master plan tract and each lot.
[11]
Boundaries of the tract and each lot, showing bearings to the nearest minute and distances to the nearest hundredth of a foot. If desired, bearings and distances may be provided as a line and curve table.
[12]
Zoning district of master plan area and abutting properties, including any overlay zoning districts.
[13]
Perimeter setback of the tract and interior setbacks for all lots.
[14]
Names and addresses of property owners, and the deed book and page numbers of deeds conveying the property. Name and address of developer (if different).
[15]
Names of owners, tax parcel numbers, and deed book and page numbers for all properties within or abutting the proposed master plan area.
[17]
A table with data for the overall development and each phase, including:
[a]
List of proposed land uses, including residential, nonresidential, mixed-use, and open space, and the total acreage and percentage of the overall site of each area.
[b]
Size, in square feet, of all proposed buildings and the intended use of each.
[c]
Number of dwelling units in each building containing residential uses.
[d]
Residential dwelling unit density, in units per acre, and nonresidential floor area ratio (FAR).
[e]
Area and percentage of impervious coverage, including streets, parking areas, sidewalks, bicycle paths, and structures.
[18]
A preliminary stormwater management plan illustrating drainage patterns and detention pond areas. The plan should include preliminary pond sizing calculations.
[19]
A conceptual landscaping, screening, and buffering plan.
[20]
A general grading plan indicating any major alterations to the topography of the site.
[21]
Proposed interior circulation plan for vehicular, pedestrian, and bicycle traffic, including all sidewalks, trails, and bikeways.
(b)
Existing and proposed features. Approximate location of natural or man-made features, existing and proposed, on or within 100 feet of the property.
[2]
Easements and rights-of-way.
[3]
Utilities.
[4]
Culverts and bridges.
[5]
Railroads.
[6]
Buildings and other structures.
[7]
Public gathering places.
[8]
Driveways, parking, and loading areas.
[9]
Drive-through uses.
[10]
Sidewalks and bicycle paths.
[11]
Sinkholes.
[12]
Watercourses and floodplains.
[13]
Historic sites.
[14]
Tree masses and unique vegetation.
[15]
Required buffer yards.
[16]
Significant topographical and physical features.
[17]
Steep slopes.
[18]
Critical groundwater recharge areas.
[19]
Topographic contour lines at vertical intervals of 10 feet or greater (e.g., five feet, two feet).
(c)
Narrative statement. The following information should be included in a narrative statement submitted with the master plan:
[1]
A statement of the ownership of all of the land included within the master plan area.
[2]
An explanation of the design pattern of the development.
[3]
The substance of covenants, grants of easements, or other restrictions that will be imposed on the use of land, buildings and structures, including proposed easements or grants for public use or utilities. The covenants should specifically indicate that any land proposed for public gathering places shall be used for such purposes in perpetuity.
[4]
A description of the form of organization proposed to own and maintain the designated public gathering places or other common facilities.
[5]
A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.
(d)
Development schedule. When it is anticipated that development pursuant to an approved master plan will occur in phases over a period of years, the following shall be included with the application for master plan approval:
[1]
The approximate date when subdivision and land development plans for each phase will be submitted for approval, and when each phase will be completed. Each phase shall be able to function independently of the undeveloped phases while being compatible with adjacent or neighboring land uses.
(e)
Traffic impact report. A traffic impact report (TIR) meeting all requirements of § 350-53, Study contents, shall be included with all master plan submissions.
[1]
Major changes (as defined in this article) to the approved master plan require submission of a revised TIR. This shall occur prior to an application to amend the master plan.
[2]
Subsequent land development plans that deviate from the master plan analysis shall submit a revised TIR.
[3]
Vehicular access.
(5)
Master plan amendments. Any major changes to an approved master plan must submit an amended plan that meets the procedural and content requirements presented herein. A major change includes any of the following:
(a)
Any increase in the approved residential or commercial area percentage.
(b)
Any significant changes in the approved densities for residential areas.
(c)
Any significant changes in the commercial or industrial floor area ratios.
(d)
Any decrease in the approved open space area percentage.
(e)
A change in the location of external vehicular access points or interior roadway locations.
(f)
Any other change determined by the Township to be significant.
D.
Use regulations.
(1)
Uses by right. In the MXD2, land and structures may be used only for the uses shown in Table 1, MXD2 Uses. The uses must be combined with an existing use or, if new construction, combined with a use permitted in the C-2 District.
(2)
Conditional uses. Conditional uses are shown in Table 1, MXD2 Uses.
(a)
Drive-through uses.
[1]
All drive-through uses must be clearly shown on the master plan for the site.
[2]
To minimize disturbance to residential units located in mixed-use structures, drive-through uses are only permitted to operate between the hours of 6:00 a.m. and 11:00 p.m.
[3]
Drive-through uses shall be sited in a manner that minimizes disturbance to adjacent residential uses and all related buildings, lanes, and drive aisles.
[4]
Drive-through uses shall not compromise pedestrian convenience, safety, or detract from the overall walkability of the MXD2 development.
[5]
Drive-through lanes shall be constructed as follows:
[a]
Vehicles must not overflow into adjacent streets, parking areas, or drive aisles.
[b]
Drive-through lanes shall be shielded in a manner that eliminates vehicle headlight glare into adjoining properties and roadways.
[c]
Each vehicle stacking space shall be a minimum of 20 feet in length.
[d]
Stacking lanes shall not extend onto adjoining property unless the owner of the drive-through site obtains a written easement from the adjoining landowner to construct and use improvements upon the adjoining property, and to maintain, repair, replace, or remove such improvements. The easement shall be recorded prior to approval of any related land development plan.
MXD2 Uses § 175-40.9D(3) | ||||
|---|---|---|---|---|
Permitted Uses | Accessory Uses | Conditional Uses | Special Uses1 | Prohibited Uses1 |
Same permitted uses as C-2; with the addition of: Apartments Townhouses | Customary uses accessory to permitted uses | Drive-through uses | ||
NOTES: | |
|---|---|
1 | There are no special exceptions or specifically prohibited uses in this zoning district. |
E.
Area and bulk regulations. Area and bulk regulations not specified herein shall be per the underlying C-2 zoning district.
(1)
Minimum lot size. All properties shall have a minimum lot size of 20 acres.
(2)
(3)
Maximum building size.
(a)
No single building within the development may exceed a sixty-thousand-square-foot footprint for the ground floor area.
(b)
No single building within the development may exceed a floor area ratio (FAR) of 0.15 for total floor area.
(c)
Structures used primarily for parking shall be exempt from the maximum building size requirement.
(5)
Mix of uses. The amount of ground floor area devoted to nonresidential uses shall be no less than 75% of the total building ground floor area on the site.
(6)
Setbacks.
(a)
Side and rear yards. The side and rear yard building setbacks adjacent to nonresidential zoning districts and undeveloped residential zoning districts shall meet the C-2 setbacks for side and rear yards adjacent to commercial and industrial zoning districts as specified in § 425-17D, Table 4 (C-2 Area and Bulk Regulations). All other side and rear yard setbacks shall be as follows:
Structure Type | Side Yard Setback (feet) | Rear Yard Setback (feet) |
|---|---|---|
Residential | 30 | 50 |
Nonresidential or mixed-use | 75 | 75 |
[1]
Where required setbacks are 30 feet or greater, a thirty-foot-wide buffering strip shall be provided along the property line and must include, at a minimum, the following planting ratios:
Required Plantings Per 100 Linear Feet of Buffer | |||
|---|---|---|---|
Type | Number | ||
Canopy trees | 2 | ||
Understory trees | 5 | ||
Evergreen trees | 5 | ||
Shrubs1 | 15 | ||
1 | 50% of required shrubs must be evergreens to ensure an effective all-season buffer. | ||
To allow design flexibility, the following exchange ratios may be utilized: | |||
Substitution | Equal To |
|---|---|
2 understory | 1 canopy |
1 canopy | 2 understory |
2 evergreen | 1 canopy |
1 evergreen | 5 shrubs |
1 understory | 3 shrubs |
[2]
Plantings must meet the following minimum standards:
[a]
Canopy trees: minimum two-and-one-half- to three-inch caliper measured at breast height (54 inches above grade).
[b]
Understory and evergreen trees: minimum eight feet to 10 feet in height or two- to two-and-one-half-inch caliper measured at breast height (54 inches above grade).
[c]
Shrubs: 24 inches to 30 inches in diameter.
[3]
All plantings shall be selected to be compatible with the environmental conditions they will be exposed to. Any plant material that does not survive must be replaced within one year.
[4]
At least 50% of new plantings shall be native to the region. Native vegetation shall include, but need not be limited to, plant materials set forth in Chapter 425, Appendix C: Plants Native to Central Pennsylvania.
[5]
To ensure adequate headlight screening in reduced side and rear yard setback areas, a plan for the use of mounding and/or ornamental grasses to supplement the required tree and shrub plantings must be approved by the Township.
[6]
Parking is permitted in the side or rear yard area as follows:
[a]
Parking in the side or rear yard areas adjacent to existing residential uses is only permitted in the setback areas established for nonresidential or mixed-use structures. If parking is proposed in side or rear yard areas, the parking setback shall be 59 feet from the property lines.
[b]
If parking is proposed in any side or rear yard areas, the overall site must include two or more enhancements, listed in Chapter 425, Attachment 10, Appendix D: Approved Landscaping and Architectural Enhancements.
[c]
If parking is proposed in any side or rear yard areas, buffering shall be required along the property lines in accordance with the planting schedule in Subsection E(7)(a)[1] of these regulations.
(b)
Interior lot lines. No minimum setbacks for internal lot lines are established herein. Such setbacks will be established by the Board of Supervisors for each subdivision or land development plan submitted pursuant to an approved master plan. This allows the designer flexibility in the placement of structures. However, a proposal using minimal setbacks must clearly establish the sufficiency of the design pattern for which the minimal setbacks are proposed.
(7)
Maximum impervious coverage. The maximum impervious coverage permitted under the MXD2 regulations is 75% of the site. The limit may be increased up to an additional 5% of the site area with the use of green roofs or pervious pavement systems, which shall be included in the master plan and utilized as follows:
(a)
Green roofs.
[1]
The green roof area may be deducted from the total impervious coverage of the site under the following conditions:
[a]
The roof and building structure shall be designed and sealed by a professional engineer licensed by the Commonwealth of Pennsylvania and having previous experience designing and constructing green roofs. Retrofit roof designs shall be sealed by a structural engineer licensed by the Commonwealth of Pennsylvania.
[b]
The roof shall be accessible for maintenance purposes and may be available for limited access by building occupants for their enjoyment.
[c]
Plants selected for the green roof shall be native to Pennsylvania, compatible with the growing region, and generally drought tolerant.
[d]
The building and/or property owner must submit a signed and recorded maintenance agreement for the green roof with the Township.
(b)
Pervious pavement systems.
[1]
Use of pervious pavement systems may be deducted from total impervious coverage of the site under the following conditions:
[a]
The pervious pavement system shall be designed by a competent person or firm with previous experience in design and construction of such systems.
[b]
The applicant must demonstrate appropriate water table depth and sufficient soil infiltration below pervious pavement systems to the Township Engineer.
[c]
Pervious pavement systems shall be allowed in parking lots, sidewalks, patios, and bicycle/pedestrian paths, but will not be allowed in pavement areas where heavy truck or bus traffic is expected, or on slopes greater than 5%.
[d]
The stone storage layer must have sufficient void capacity to accommodate at least twice the two-year storm volume.
[e]
Pervious pavement systems shall be designed with an overflow system in accordance with the latest version of the PA DEP Best Management Practices Manual.
[f]
Seal coating of the pervious pavement system shall not be permitted.
[g]
Pervious pavement systems must be cleaned at least once every two years.
[h]
The property owner must submit a signed and recorded maintenance agreement for the pervious pavement system with the Township.
F.
Design and landscaping controls.
(2)
Community assets.
(a)
Hedgerows, waterways, historic sites, scenic points, views, and vistas and other community assets and landmarks should be preserved.
(4)
Lighting fixtures for interior streets, sidewalks, and bikeways shall be owned and maintained by the property owner.
(5)
For emergency access, the site must provide a minimum of two vehicular connections to off-site public roadways. Alternatively, site access can be provided by a boulevard-style entrance/exit which contains two cartways separated by a median.
G.
Off-street parking requirements.
(1)
Off-street parking shall be in accordance with § 350-49, Off-street parking regulations, unless a different proposal is specified as part of the required parking study submitted with the master plan.
(2)
On-site shared parking. If the use of shared parking is proposed, the following method shall be applied. If the site contains existing parking that is intended to remain, this method must be used to verify whether additional parking is required. Shared parking shall be calculated as follows:
(a)
Step 1: Identify the required base parking for each land use, as specified in § 350-49. The following alternate base parking minimums are permitted in MXD2 developments:
(b)
Step 2: Determine peak parking requirements by multiplying the base parking for each land use by the corresponding percentage for each of the time periods shown in the following table:
On-Site Shared Parking Demand | ||||
|---|---|---|---|---|
Weekdays | ||||
Use | 0800-1700 | 1700-2100 | 2100-2400 | 0000-0800 |
Office | 100% | 10% | 5% | 2% |
Retail | 95% | 75% | 20% | 2% |
Hotel/motel | 80% | 80% | 100% | 100% |
Restaurant | 60% | 100% | 80% | 10% |
Entertainment/ recreation | 40% | 100% | 80% | 5% |
Residential | 60% | 70% | 95% | 100% |
Weekends | ||||
|---|---|---|---|---|
Use | 0800-1700 | 1700-2100 | 2100-2400 | 0000-0800 |
Office | 30% | 5% | 5% | 2% |
Retail | 100% | 70% | 30% | 2% |
Hotel/motel | 60% | 80% | 100% | 100% |
Restaurant | 45% | 100% | 30% | 2% |
Entertainment/ recreation | 100% | 95% | 90% | 20% |
Residential | 60% | 70% | 100% | 100% |
(c)
Step 3: Total the peak parking requirements for each time period.
(d)
Step 4: Identify the highest total peak parking requirement to determine the minimum number of parking spaces for the overall site.
(3)
The master plan must include at least 95% of the required parking spaces as calculated, whether based on the standard or shared parking requirements.
(4)
Parking analysis. The developer shall conduct parking studies as the phased development of the site occurs in order to refine the required parking ratios and time-based utilization rates for the aggregated uses so that sufficient parking spaces are provided for the future phases.
(a)
The first study shall be submitted with the land development plan (LDP) that includes the building(s) that constitute more than 40% of the entire floor area included on the master plan, provided that at least 20% of the floor area included on the master plan has been completed and is occupied. If the initial LDP includes 40% or more of the entire floor area included on the master plan or less than 20% of the floor area is occupied, the first study shall be submitted when the first of the below thresholds are met.
(b)
Studies shall also be submitted with LDPs that meet the sixty-percent and eighty-percent floor area thresholds, provided that at least 30% or 40%, respectively, of the floor area included on the master plan has been completed and is occupied.
(c)
Should a parking study indicate that the required parking ratios and time-based utilization rates for the uses included on the approved master plan will not provide sufficient parking for the future phases of the MXD2 site, the developer shall submit a revised/amended master plan to provide additional parking spaces or reduce the proposed total building floor area to align with the available parking proposed.
(d)
Should a parking study indicate that the required parking ratios and time-based utilization rates for the uses included on the approved master plan have overestimated the parking needs for the future phases of the MXD2 site, the developer may submit a revised/amended master plan to align the required number of parking spaces with the proposed total building floor area and mix of uses.
H.
Off-street loading regulations. All loading areas shall be in accordance with § 425-62, Loading regulations, unless specified herein.
(1)
Loading areas shall be depicted on the master plan. Loading areas should not be located on primary streets or drives. Loading areas may be shared by multiple businesses. Loading areas may be colocated with parking lot drive aisles, provided that they do not impede traffic flow.
(2)
Loading and unloading shall occur only between the hours of 6:00 a.m. and 11:00 p.m.
I.
Bicycle and pedestrian facilities.
(1)
All mixed-use developments shall provide for bicycle access and pedestrian sidewalks that connect to all suitable adjacent properties and neighborhoods as a means of promoting multimodal connectivity to and from the site. When it is most appropriate to combine bicycle and pedestrian facilities, as determined by the municipality, then the combined shared use path shall meet American Association of State Highway Transportation Officials (AASHTO) guidelines.[2]
[2]
Editor's Note: Original § 175-40.9I(2) and (3) of the 1996 Code, regarding bicycle racks and bicycle parking spaces, which immediately followed this subsection, were repealed 9-14-2022 by Ord. No. 2022-624.
(2)
Required bicycle parking.
(b)
Bicycle parking analysis. The developer shall conduct bicycle parking studies as the phased development of the site occurs in order to refine the required bicycle parking calculations so that sufficient bicycle parking spaces are provided for the future phases.
[1]
The first study shall be submitted with the land development plan (LDP) that includes the building(s) that constitute more than 40% of the entire floor area included on the master plan, provided that at least 20% of the floor area included on the master plan has been completed and is occupied. If the initial LDP includes 40% or more of the entire floor area included on the master plan or less than 20% of the floor area is occupied, the first study shall be submitted when the first of the below thresholds are met.
[2]
Studies shall also be submitted with LDPs that meet the sixty-percent and eighty-percent floor area thresholds, provided that at least 30% or 40%, respectively, of the floor area included on the master plan has been completed and is occupied.
[3]
Should a parking study indicate that the required bicycle parking calculations for the uses included on the approved master plan will not provide sufficient bicycle parking for the future phases of the MXD2 site, the developer shall submit a revised/amended master plan to provide additional bicycle parking spaces or reduce the proposed total building floor area to align with the available bicycle parking proposed.
[4]
Should the bicycle parking study indicate that the required bicycle parking calculations for the uses included on the approved master plan have overestimated the bicycle parking needs for the future phases of the MXD2 site, the developer may submit a revised/amended master plan to align the required number of bicycle parking spaces with the proposed total building floor area and mix of uses.
J.
Affordable housing. The following requirements shall be included in the plan notes for the master plan for the development, or the developer and Township shall execute and record an affordable housing development agreement.
(1)
A minimum of 5% of the residential units in the development shall be designated as affordable housing units for tenants earning less than 65% of the area median income (AMI) for Centre County, as determined annually by the United States Department of Housing and Urban Development.
(a)
If a tenant search for an affordable unit does not yield a qualified tenant within 45 days, units may be rented to individuals earning less than 80% of the AMI for Centre County.
(2)
The following incentives are available for developers electing to provide more than the minimum required affordable housing, up to an additional 5% of the total number of units proposed:
(a)
One additional market-rate unit shall be permitted for every one additional affordable housing unit provided.
[1]
All additional units, whether market-rate or affordable, shall be exempt from the maximum residential density limit of 12.5 units/acre.
(b)
The impervious coverage limit of the site shall be increased by an additional 1,500 square feet for each additional affordable housing unit.
(3)
The period for which the units shall remain affordable shall be at least 50 years from the date of initial occupancy of a unit.
(4)
The bedroom mix of affordable units shall be generally in the same ratio as the bedroom mix of the market-rate units of the project.
(5)
The development phasing plan shall provide that the affordable units are not the last units constructed.
(6)
Affordable housing units may differ from market-rate units in a development with regard to interior amenities and gross floor area, provided that:
(a)
The differences, excluding differences related to building size differentials, are not apparent in the general exterior appearance of the development;
(b)
The differences do not include insulation, windows, heating systems, and other improvements related to the energy efficiency and standard components.
(7)
The developer/owner shall retain the services of a qualified entity or employee to certify the income eligibility of prospective tenants. Qualifications of the initial entity or employee shall be submitted to the Township for review and approval with the master plan for the development or with the affordable housing development agreement.
(8)
Rent for affordable housing units shall be no more than 30% of qualified tenant's household-gross monthly income. Monthly-housing expenses shall be calculated as the sum total of the monthly rent, plus the current utility allowance per the Housing Authority of Centre County.
(9)
Unit/household size pricing calculation. In calculating the rents, the following maximum relationship between unit size and assumed household size shall apply:
Unit Type | Household Size |
|---|---|
Efficiency units | One-person household |
One-bedroom units | Two-person household |
Two-bedroom units | Three-person household |
Three-bedroom units | Four-person household |
Four-bedroom units | Five-person household |
(10)
Household size numbers used for price calculation will not be used to determine maximum legal occupancy of a dwelling unit. Maximum legal occupancy of a dwelling unit will be based on the Centre Region Building Safety and Property Maintenance Code for multifamily dwellings.
(11)
Annual rent increases shall be limited to the percentage increase in the median household income within the State College Metropolitan Statistical Area (MSA).
(12)
The developer/owner shall annually submit to the Township a summary of all activities related to the affordable housing units, including but not limited to:
(a)
Qualifications of entity or employee certifying the income eligibility of prospective tenants.
(b)
Units available to rent in previous 12 months.
(c)
Applicants approved as tenants.
(d)
Applicants determined to be ineligible as tenants.
(e)
Rent increases for continuing tenants.
(f)
Any evictions or other legal actions taken by or against tenants.
(13)
The Township shall review, or engage a qualified entity to review, the developer/owner's annual submittal of a summary of all activities related to the affordable housing units. If the review determines a tenant was overcharged the developer/owner shall refund the excess to the tenant.
(14)
The Township, or a designated qualified entity, reserves the right to audit the developer/owner's records of all activities related to the affordable housing units. Such audits shall not occur more frequently than quarterly. If an audit determines that a tenant was overcharged, the developer/owner shall refund the excess to the tenant.
(15)
Parkland credit for affordable housing. The parkland requirement shall be waived for the number of affordable housing units provided.
K.
Public gathering places.
(1)
All MXD2 developments shall include a public gathering place that encompasses an area of no less than 2% of the total site area.
(2)
Public gathering places shall be reserved by an easement, in a manner and form acceptable for recording by the Centre County Recorder of Deeds, between the developer(s) and the Township that allows public use of the space for a minimum of 10 years.
(3)
Public gathering places may be used to fulfill a portion of the parkland requirements of § 350-35, Public use and service areas. The following may receive credit:
(4)
Public gathering places shall be located central to the development and not within 250 feet of adjacent properties. Exceptions shall be permitted as follows:
(a)
Two hundred feet from adjacent properties with the installation of a sound-attenuating fence.
(b)
One hundred fifty feet with the installation of a sound-attenuating fence and a minimum ten-foot forested buffer strip along existing residential uses between the public gathering place(s) and adjacent properties.
(5)
If the proposed development includes amenities such as fountains, gardens, courtyards, or others, they should be located within a public gathering place. Renderings of all amenities shall be provided with the master plan.
(6)
Public celebrations. The developer may provide a proposal to sponsor public events to be held on the public gathering place, or elsewhere on the MXD2 site. All such proposals shall be submitted with the master plan and must be approved by the Township Board of Supervisors.
(a)
If the public gathering place includes private drives or driveways that may be closed for public celebrations, alternative access routes shall be illustrated on the master plan.
L.
Streetscapes.
(1)
Building layout and orientation in the MXD2 should provide an atmosphere and environment that is walkable and provides a pedestrian scale. Renderings shall be submitted to the Township illustrating the view of the buildings from the streetscape.
(a)
Buildings shall be located next to the sidewalk along primary streets to create a town center environment.
(b)
Building facades are an integral component of the streetscape. Buildings shall be constructed with materials and/or treatments that create a unifying architectural theme. Renderings shall be submitted to the Township illustrating the view of the buildings from the streetscape.
(c)
The MXD2 shall create an environment that encourages active human engagement and is pedestrian, child, and family friendly. Amenities in the streetscapes will include pedestrian lighting, a central public space where people may gather, street trees, planters, and benches/seating. The amenities shall be included in the streetscape renderings. From the renderings a schedule of amenities will be developed and included upon the master plan.
(d)
The developer may propose other amenities that are not already noted above if such amenities are consistent in character and purpose with the overall development plan.
(2)
Parking in the town center should be provided in a variety of locations, including on-street and off-street. The overall design should be cohesive and allow for an optimum mix and usability of all the spaces in such a way to promote viable retail interests while maintaining a pedestrian scale and public spaces. Off-street parking is encouraged at the rear of the buildings to minimize large areas for specific uses (such as parking) in the public viewshed.
(3)
Other amenities. The developer is encouraged to incorporate the following features into the MXD2 development: