South Whitehall Township
City Zoning Code
City Zoning Code
ARTICLE 3
Special Districts and Development Types
§ 350-31 Provisions for Innovation Overlay Districts.
(a)
Creation of overlay districts. For the purposes of this chapter, the Township of South Whitehall establishes five overlay districts as follows:
(1)
Overlay Districts:
Neighborhood Infill Development Overlay District |
TND-Residential Cluster Overlay District |
TND-Commercial Retrofit Overlay District |
TND-Industrial Retrofit and Infill Overlay District |
Active Adult Neighborhood Development Overlay District |
(b)
Purpose of overlay districts.
(1)
The overlay districts are intended to address areas deemed by the Township to have the potential for compact growth, including, but not limited to, areas designated as "Growth Opportunity Areas" on the Future Land Use Plan of the 2009 South Whitehall Township Comprehensive Plan. These areas are intended to be developed, redeveloped, or infilled under specific sets of design standards and development regulations that address the unique conditions of each area and a particular vision for future land use. The design standards and development regulations pertain to such elements as:
(A)
Providing for a mix of uses;
(B)
Promoting traditional neighborhood development;
(C)
Locating buildings close to streets and sidewalks;
(D)
Locating parking to the side or rear of buildings;
(E)
Creating enhanced streetscapes, and street edges with street walls;
(F)
Enhancing landscaping;
(G)
Providing an increased variety of types and forms of housing;
(H)
Providing useable open space; and
(I)
Enabling increased building heights.
(2)
The full set of design standards and development regulations are set forth in § 350-31 and Appendix C.[1] The AAND-O is not subject to the design standards and development regulations set forth in § 350-31(g) or Appendix C.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(c)
General intent of all innovation overlay districts. The Innovation Overlay Districts are intended to:
(1)
Provide flexibility and innovation in designing new developments by offering an alternative to the conventional development permitted by the underlying zoning districts.
(2)
Recognize the distinct physical characteristics of the individual Innovation Overlay District and enable new development, infill, and redevelopment that will complement and enhance those characteristics.
(3)
Increase opportunities for mixed-use development, thereby:
(A)
Creating greater efficiencies in land use;
(B)
Promoting a more efficient use of infrastructure in order to reduce associated costs;
(C)
Creating opportunities to fulfill some daily tasks without the use of an automobile; and
(D)
Supporting alternative transportation (bus transit) with the development of new population hubs.
(4)
Promote a greater mix of dwelling types for all ages and circumstances throughout the Township.
(5)
Expand and enhance the open space and pedestrian network in accordance with the Official Map.
(6)
Promote context sensitive massing, proportion, positioning, height, streetscape elements, and landscaping.
(d)
Identification of the Innovation Overlay Districts. There are five specific Innovation Overlay Districts depicted on the Zoning District Map. Each district has specific regulations as set forth in this § 350-31 and in, with regard to Districts (1) through (4) as listed below, Appendix C. The Overlay Districts are as follows:
(e)
Applicability.
(1)
Application of the Neighborhood Infill Innovation Overlay District for residential uses shall be permitted by right. Nonresidential uses in the Neighborhood Infill Overlay District shall be permitted as a conditional use approved by the Board of Commissioners in accordance with §§ 350-18 and 350-41(e).
(2)
Application of the TND Innovation Overlay Districts provisions is optional and shall be available to applicants meeting the eligibility criteria contained in each Overlay District and with conditional use approval by the Board of Commissioners in accordance with the specific standards contained herein and the general standards set forth in § 350-41(e). A sketch plan submission shall be required for all land developments that utilize the TND Innovation Overlay District regulations that require a conditional use review and approval.
[Amended 3-20-2019 by Ord. No. 1044]
(3)
For applicants who do not meet the eligibility criteria or who choose not to develop using the Innovation Overlay District option, the provisions of the underlying zoning districts shall govern. All existing uses within the Innovation Overlay Districts shall be governed by the applicable underlying zoning district regulations.
(4)
Where an applicant meets the eligibility criteria and elects to develop pursuant to the Innovation Overlay District, the regulations contained herein, § 350-31, shall apply. Where these regulations apply and conflict with those of the underlying district, these regulations shall supersede. Where regulations are not specified in the Innovation Overlay District, but are specified within the underlying district, the underlying district regulations shall govern.
(5)
The design standards found in Appendix C shall apply to all development applications for the Innovation Overlay Districts, as specified within each district.
(f)
Overlay districts:
(1)
Neighborhood Infill Overlay District.
(A)
Intent of the District: To permit new development and redevelopment to emulate the specific characteristics of an existing neighborhood in terms of area and bulk regulations, while incorporating new opportunities for streetscape enhancement, open space and pedestrian amenities, and appropriately located and sized commercial uses that serve the immediate neighborhood. There are three Neighborhood Infill Overlay District Areas as designated on the Zoning Map:
(B)
Uses. In addition to uses permitted as primary uses, accessory uses, or uses by special exception in the underlying zoning districts, the following additional uses shall be permitted as a conditional use within the Neighborhood Infill Overlay District:
(i)
Retail sales; personal service business; or business or professional office (less than 5,000 square feet per use);
(ii)
Mixed-use building, with uses listed in Subsection (f)(1)(A) above located on the first floor and business or professional office uses and/or apartment uses located above the first floor.
(C)
Area and bulk regulations.
(i)
The following area and bulk regulations shall apply:
Primary Use | Minimum Lot Area (square feet) | Minimum Frontage (feet) | Build-to Line (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) |
|---|---|---|---|---|---|
5a: Broadway-residential uses | Single detached dwelling: 4,800 Twin: 2,400 Two-flat: 4,800 Apartment only per § 350-31(f)(1)(B) | 40 30 40 | 10 | 10 | 30 |
5a: Broadway-Nonresidential uses | 5,000 | 60 | 10 | 10 | 30 |
5b: Greenawalds-residential uses | Single detached dwelling: 7,800 Twin: 3,900 | 65 32 | 15-20 | 6 | 30 |
5b: Greenwalds-nonresidential uses | 10,000 | 80 | 15-20 | 10 | 30 |
5c: Clifford Park Area-residential uses | Single detached dwelling: 7,200 Twin: 3,600 Townhouse: 2,200 Apartment: 1,500/unit | 60 30 20 100 | 25 | 8 | 30 |
5c: Clifford Park Area-nonresidential uses (in residential districts) | 10,000 | 80 | 25 | 12 | 30 |
(iii)
Maximum lot coverage for nonresidential buildings: 75%.
(D)
Design standards and development regulations.
(i)
The design standards for building location, building height, parking location, and streetscape in Appendix C shall apply.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
(ii)
Maintain existing street network and block pattern. Where new streets are proposed, such streets shall continue the alignment and pattern of the existing street network, including block length and depth, distance between intersections, and incorporation of alleys.
(iii)
New permitted commercial uses.
[1]
Where such uses are located within residential neighborhoods, such uses shall be located in buildings located at the intersection of two streets, one of which shall be a designated collector road or arterial road.
[2]
With the exception of business and professional office uses, nonresidential uses shall only be located on the ground floor and are encouraged to be located in mixed-use buildings with office uses or residential uses located above.
[3]
Required parking spaces shall be provided on site, except that where on-street parking is permitted or existing, such spaces may account for a maximum of 25% of the required parking spaces.
[4]
New buildings shall have maximum building footprint of 6,500 square feet.
(2)
TND - Residential Cluster Overlay District.
(A)
Intent of the Overlay District:
[Amended 3-20-2019 by Ord. No. 1044]
(i)
Promote smart growth policies and encourage innovation and efficiencies in residential development to meet demands for various types of housing;
(ii)
Foster a sense of place and community by providing a setting that encourages the development of neighborhoods with open space;
(iii)
Promote neighborhoods that are pedestrian- oriented with open space and facilities for recreation and community functions, consistent with the needs of proposed cluster development;
(iv)
Promote cluster development that is compatible with existing land uses adjoining a candidate tract; and
(v)
Allow for the open space ownership and maintenance by a bona fide homeowners' association.
(B)
Eligibility criteria:
[Amended 3-20-2019 by Ord. No. 1044]
(i)
Ownership: The tract of land may be held in single and separate ownership or by multiple owners; however, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(ii)
Minimum tract size: 10 acres.
(iii)
Public sewer is available and shall be connected to the cluster development, with confirmation in writing of such availability from the South Whitehall Township.
(iv)
Public water is available and shall be connected to the cluster development, with confirmation in writing of such availability from the South Whitehall Township.
(v)
Minimum designated open space in accordance with the Development Options Charts within the Sections 350-31(f)(2)(C)(i), (ii) or (iii), as appropriate, below. The minimum designated open space required herein shall count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d) for common open space and prime open space, and shall be so offered for dedication in accordance with § 312-36(d). Any additional open space beyond the required minimum designated open space may also be offered for dedication in accordance with § 312-36(d) or may be held in private ownership as a low-intensity recreation use.
(vi)
All applications for development of a tract as a TND shall be accompanied by, and comply with, the Manual of Written and Graphic Design Standards in Appendix C, as enabled by Section 708-A of the Pennsylvania Municipalities Planning Code. The applicant may prepare and submit a specific manual ("applicant's specific manual") which shall be subject to Township approval, pertaining to such specific proposed features as building location, fencing, walls, landscaping, signs, streets, pedestrian circulation, parking, lighting and streetscape. The applicant's specific manual shall be consistent with the Design Standards and Development Guidelines in Appendix C of this chapter.[3]
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
(C)
Development options. When an applicant meets the conditions of eligibility for this overlay district, and elects to develop pursuant to it, such applicant may choose from the TND Development Options in Subsection (f)(2)(C)(i), (ii), or (iii) below.
(i)
Residential cluster.
[1]
Development options.
[Amended 3-20-2019 by Ord. No. 1044]
Development Option | Minimum Tract Size (acres) | Increase in Development Intensity* | Minimum % of the Tract to be Open Space | Minimum % of the Tract to be Active Open Space | Maximum % of the Tract to be Gross Area for Commercial Uses | |
|---|---|---|---|---|---|---|
(1) Residential only | 10 | Increase Development Intensity 1 Level* or to R-4, whichever is greater | 15% | 5% | Not permitted | |
(2) Residential with commercial component | 50 | Increase Development Intensity 1 Level* or to R-4, whichever is greater | 15% plus 0.5% for every 1% of the gross tract area developed as commercial | 5% plus 0.5% for every 1% of the gross tract area developed as commercial | 10% | |
* | Starting with the base zoning district, utilize the bulk criteria of the permitted uses in the next more intense residential zoning district, to the maximum of the R-10 High Density Residential Zoning District. For example, if the underlying base zoning district is R-4, the permitted uses would utilize the bulk criteria listed within the R-5 Medium Density Residential Zoning District. See § 350-31(f)(2)(C)(i)[2] below for density bonuses. |
[2]
Additional development intensity. The level of development intensity permitted by Table 3 above may be increased by the additional density credit levels (to a maximum of R-10) as noted below. Density credits shall be applied as whole numbers, with any half-credits lost.
[a]
If a minimum of three housing types (as defined under "dwelling unit") are provided in a TND and such units are intermingled in a manner acceptable to the Township, one-half density credit may be permitted above the base density.
[b]
For each additional 5% of the gross tract area beyond the minimum percentage of gross tract area required in § 350-31(f)(2)(C)(i)[1] for open space, one-half density credit may be permitted above the base density.
[Amended 3-20-2019 by Ord. No. 1044]
[c]
For each additional 2.5% of the gross tract area beyond the minimum percentage of gross tract area required in § 350-31(f)(2)(C)(i)[1] dedicated for active open space, one-half density credit may be permitted above the base density.
[Amended 3-20-2019 by Ord. No. 1044]
[d]
For each 25% of dwelling units not required to have alley access that are provided with alleys (thereby minimizing curb cuts, promoting continuous pedestrian movement along sidewalks, and improving streetscape quality), one-half density credit may be permitted above the base density.
[e]
For each public bus shelter provided within the development in coordination with the local transportation authority, one-half density credit may be permitted above the base density.
[3]
Open space, active open space, and area of commercial lots calculations shall be based upon gross acreage of the tract.
[Amended 3-20-2019 by Ord. No. 1044]
[4]
Area of commercial lots shall be based upon the cumulative lot areas of commercial, including mixed uses.
[5]
Maximum lot coverage for nonresidential uses: 75%.
[6]
Use regulations.
[a]
The following uses are permitted in a TND-Residential Cluster in the TND-Residential Cluster Overlay District:
[i]
Apartment as part of a mixed-use building.
[ii]
Apartment building (R-10 Adjusted Development Intensity or greater).
[iii]
Child day-care center (primary or accessory).
[iv]
Mixed-use building.
[v]
Office, business or professional (less than 5,000 square feet per use).
[vi]
Office, medical (less than 5,000 square feet per use).
[vii]
Personal service business (less than 5,000 square feet per use).
[viii]
Restaurant, sit-down (less than 5,000 square feet per use).
[ix]
Retail sales (less than 5,000 square feet per use).
[x]
Retirement facility (R-5 Adjusted Development Intensity or greater).
[xi]
Single detached dwelling unit.
[xii]
Three-flat (R-5 Adjusted Development Intensity or greater).
[xiii]
Townhouse (R-5 Adjusted Development Intensity or greater).
[xiv]
Two-unit dwellings.
[b]
Accessory uses customarily associated with the above permitted uses.
[c]
Special exception uses permitted in the R-10 District (R-5 Adjusted Development Intensity or greater).
[d]
The following uses shall be permitted within the open space:
[Amended 3-20-2019 by Ord. No. 1044]
[7]
Dwelling unit mix.
[a]
A minimum of two of the following dwelling unit types, as permitted per the base zoning district, shall be provided in each TND: single detached dwelling unit, two-unit dwellings, three-flat dwelling, or townhouse. To meet this requirement, a dwelling unit type shall comprise a minimum of 20% of the total units.
[b]
In order to encourage the intermingling of unit types, a minimum of 50% of the blocks within the TND shall have two or more dwelling unit types located along the same street frontage.
[8]
Area and bulk regulations and design standards.
[a]
Residential uses. Unless otherwise specified, residential uses shall conform to the area and bulk criteria of the adjusted development intensity as determined in § 350-31(f)(2)(C)(i)[1] and [2].
[i]
Lot width shall vary from lot to lot, so that not more than three adjoining single detached dwelling lots may have the same width, in order to induce variety in the layout of the plan. To meet the purposes of this section, the lot width shall vary by a minimum of five feet from an adjoining lot.
[ii]
Build-to line: Along residential streets: 10 to 15 feet. Front-yard setbacks shall not apply.
[iii]
Building height:
{A} | Residential minimum: 20 feet. |
{B} | Residential maximum: 35 feet. |
[iv]
Building separation distances (between buildings on the same lot).
{A} | A minimum distance of 12 feet shall separate all single detached dwelling unit and two-unit residential dwellings/two-flat dwellings from one another. |
{B} | Townhouses shall be separated from single detached dwelling unit, two-unit dwellings, three-flats, and other townhouses by a minimum of 15 feet. |
[b]
Nonresidential uses. Unless otherwise specified, nonresidential uses shall conform to the area and bulk criteria of the NC Neighborhood Commercial Zoning District.
[i]
Build-to line: Along nonresidential or mixed-use streets: five feet to 15 feet. Front yard setbacks shall not apply.
[ii]
Building height:
{A} | Nonresidential/mixed-use minimum: two stories or 20 feet. |
{B} | Nonresidential/mixed-use maximum: three stories or 45 feet, unless otherwise noted within this section. Nonresidential buildings, or portions thereof, with height greater than 35 feet shall be set back from any existing residential uses or adjoining residential districts by a minimum of 50 feet. Nonresidential buildings, or portions thereof, up to four stories or 60 feet may be permitted along arterial roads in the overlay district, so long as any portion of a building that exceeds 35 feet in height shall be located a minimum of 300 feet from any adjoining residential district or use that is not included in the same TND application as the building. |
[iii]
Building separation distances (between buildings on the same lot): Nonresidential buildings shall have a minimum separation distance of 20 feet to any other principal freestanding building groups.
[iv]
Maximum nonresidential building footprint. The building footprint of a nonresidential or mixed-use building of three stories or 45 feet or less in height shall not exceed 6,500 square feet in gross floor area on the ground floor in a Residential Cluster TND. The building footprint of a nonresidential or mixed-use building greater than three stories or 45 feet in height shall not exceed 20,000 square feet in gross floor area on the ground floor in a Residential Cluster TND. No individual use shall exceed 5,000 square feet, except that nursing homes shall not exceed 10,000 square feet.
[v]
Commercial area design standards and development regulations.
{A} | All commercial uses shall be located together in one area of the TND. Such buildings may be attached or detached. |
{B} | Commercial or mixed-use buildings shall be oriented toward and access an arterial or collector road or congregated around an area of useable open space, such as a close, that is a minimum of 4,500 square feet in area. |
{C} | Parking shall be located to the rear of a commercial use. No parking shall be located between a commercial building and the frontage street nor located at the corner of two streets. |
{D} | Required parking spaces shall be provided on site, except that where on-street parking is permitted or existing. Such on-street parking spaces shall be, in their entirety, within 200 feet of the entrance to a commercial use. Such on-street parking spaces may account for a maximum of 25% of the required parking spaces. On-street parking spaces so counted shall be marked by the appropriate striping. |
{E} | Nonresidential use off-street parking requirements (excluding those of apartments) of greater than 100 standard parking spaces may be reduced by 10%. Nonresidential use off-street parking requirements (excluding those of apartments) of greater than 200 standard parking spaces may be reduced by 15%. |
[vi]
Additional standards for retirement facilities:
{A} | For purposes of density calculations, every two nursing home beds shall count as one unit. |
{B} | There shall be no more than one nursing home bed for every 10 independent or assisted living residences. |
(ii)
Cottage cluster.
[1] COTTAGE COTTAGE CLUSTER THE ASSOCIATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 3-20-2019 by Ord. No. 1044]
A single detached dwelling unit of 1,200 square feet or less and no more than 25 feet in height.
A group of four to 12 cottages, arranged around a dedicated area of open space improved for passive recreational use or gardening. A cluster shall contain only cottages and their associated accessory buildings or structures, and the associated aforementioned open space to be owned and maintained by a homeowners' association, condominium association or other similar mechanism.
The governing homeowners' association, condominium association or similar mechanism.
[3]
Development options. An applicant may choose from the following cottage housing development options. The options are intended to provide a direct relationship between the inclusion of desirable facilities (i.e., more useable open space or open space amenities) that will benefit the community and incremental increases in permitted development capacity.
[a]
Development options.
Development Option | Minimum Tract Size (acres) | Maximum Dwelling Units per Gross Acre | Percentage of Gross Tract Area That Is Open Space Not Associated with a Cottage Cluster | Percentage of Gross Tract Area That Is Active Open Space Not Associated with a Cottage Cluster |
|---|---|---|---|---|
(A) | 10 | 4.5 | 12.5% | 5.0% |
(B) | 10 | 5.0 | 15% | 5.0% |
(C) | 10 | 5.5 | 17.5% | 5.0% |
(D) | 10 | 6.0 | 20% | 5.0% |
[4]
Cottage lot or lease lot criteria:
[a]
Area and bulk regulations. The cottage housing development shall provide a range of cottage lot or lease lot sizes in accordance with the following:
[i]
Table A:
Primary Use | % of Total Units Required | Lot or Lease Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Max Height of Building Structure (feet) | |
|---|---|---|---|---|---|---|---|---|
Cottage | ||||||||
400 square feet or less | Min: 20% | 800 to 2,400 | 30 | 20 | 10 | 15 | 25 | |
401 square feet to 800 square feet | Min: 20% | 1,200 to 3,600 | 35 | 20 | 10 | 15 | 25 | |
801 square feet to 1,200 square feet | Min: 20% | 1,600 to 4,800 | 40 | 20 | 10 | 15 | 25 | |
[ii]
Lot or lease lot width shall vary from lot to lot, so that not more than three adjoining lots may have the same width, in order to induce variety in the layout of the plan. To meet the purposes of this section, the lot width shall vary by a minimum of five feet from an adjoining lot.
[b]
Design standards: Each lot or lease lot within a cottage cluster shall conform to the following design standards:
[i]
Access to street or alley.
{A} | Each lot or lease lot shall have frontage on a street or alley. |
[ii]
Access to the cottage cluster's dedicated open space.
[Amended 3-20-2019 by Ord. No. 1044]
{A} | Each lot or lease lot shall adjoin the cluster's dedicated open space for a length of no less than 10 feet. | |
{B} | Each lot or lease lot shall be provided with and maintain a minimum thirty-six-inch-wide hardscaped walking path between the dwelling entrance and the gated access point to the cluster's dedicated open space. |
[iii]
Access to parking.
{A} | Each lot or lease lot shall be provided with and maintain a minimum thirty-six-inch-wide hardscaped walking path between the dwelling entrance and the adjoining street or alley. | |
{B} | Each lot or lease lot shall provide one off-street parking space. |
[iv]
Cottage design standards.
{A} | The gross floor area of each cottage shall not exceed 1,200 square feet. Areas within each cottage that shall not count toward gross floor area or building footprint calculations include: | ||
{1} | Interior spaces with a ceiling height of six feet or less. | ||
{2} | Basements. | ||
{3} | Architectural projections (such as bay windows, fireplaces or utility closets) no greater than 24 inches in width and six feet in depth. | ||
{4} | Attached unenclosed porches. | ||
{5} | Garages or carports, whether attached or detached. | ||
{B} | The building footprint area of each cottage shall not exceed 850 square feet. | ||
{C} | The height of each cottage shall not exceed 25 feet. | ||
{D} | Each cottage shall have the primary entrance located within a covered porch of at least 60 square feet, oriented toward the cluster's dedicated open space. [Amended 3-20-2019 by Ord. No. 1044] | ||
{E} | Each cottage shall have a facade, secondary entrance, porch, bay window or other architectural enhancement oriented toward the adjoining street or alley. | ||
{F} | Each cottage primary entrance shall be located no more than 25 feet from the lot or lease lot's gate accessing the cluster's dedicated open space. [Amended 3-20-2019 by Ord. No. 1044] | ||
[v]
Cottage development accessory buildings or structures.
{A} | Garages or carports (attached or detached). | |||
{1} | Dimensional restrictions. | |||
{a} | The building footprint shall be no greater than 400 square feet. | |||
{b} | The height shall be no greater than 15 feet. | |||
{2} | Setbacks. | |||
{a} | Front setback: four feet. | |||
{b} | Side setback: two feet to the lot or lease lot line and at least 15 feet to the nearest building or structure on an adjoining lot or lease lot. | |||
{c} | Rear setback: not applicable. | |||
{3} | Design standards. | |||
{a} | Shall match the color and architectural scheme of the dwelling to which the structure is accessory. | |||
{B} | Sheds. | |||
{1} | Dimensional restrictions. | |||
{a} | The building footprint shall be no greater than 80 square feet. | |||
{b} | The height shall be no greater than 10 feet. | |||
{2} | Setbacks. | |||
{a} | Front setback; not closer than the rear face of the dwelling unit (shall be located in the rear yard). | |||
{b} | Side setback: two feet to the lot or lease lot line and at least 15 feet to the nearest building or structure on an adjoining lot or lease lot. | |||
{c} | Rear setback: eight feet. | |||
{3} | Design standards. | |||
{a} | Shall match the color and architectural scheme of the dwelling to which the structure is accessory. | |||
{C} | Fences. | |||
{1} | Dimensional restrictions. | |||
{a} | The height above grade shall be no greater than 36 inches. | |||
{2} | Setbacks. | |||
{a} | Front setback: zero feet from the lot or lease lot line. | |||
{b} | Side setback: zero feet from the lot or lease lot line. | |||
{c} | Rear setback: zero feet from the lot or lease lot line. | |||
[c]
Off-street parking. Each cottage cluster shall provide additional guest parking for the residential dwellings.
[i]
Required spaces. A minimum of 0.5 guest parking spaces (rounded up) shall be provided for each dwelling within a cluster.
[ii]
Parking design.
{A} | Parking shall be buffered in conformance with § 350-48(a)(2)(E)(v). | |
{B} | Cluster guest parking areas shall be accessed by alleys only. | |
{C} | Should the alley from which the cluster guest parking area is accessed front both dwellings and open space, the cluster guest parking area shall be located on the open space side of the alley. [Amended 3-20-2019 by Ord. No. 1044] | |
{D} | If provided carports, the carports, including rooflines, shall match the color and architectural scheme of the closest adjoining dwelling unit. | |
{E} | Parking areas shall be limited to no more than six contiguous parking spaces. |
[5]
Nonresidential use lot or lease lot criteria.
[a]
Uses permitted.
[i]
Sales office/association office, the purpose of which is to provide office support for the sales and/or leasing of the dwelling lots, and/or the daily operations of the homeowners' or condominium association.
[ii]
Clubhouse, the purpose of which is to provide recreational or assembly facilities for the residents and their guests, within reasonable walking distance of the dwellings to be served.
[iii]
Storage building, the purpose of which is to provide storage facilities to support the daily operations of the homeowners' or condominium association.
[b]
Area and bulk regulations:
[i]
Table (A):
Primary Use | Maximum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Max Height of Building Structure (feet) |
|---|---|---|---|---|---|---|
Sales office/association office | 5,000 | 20 | 10 | 15 | 25 | |
Clubhouse | 15,000 | 20 | 10 | 15 | 25 | |
Storage building (as a primary use) | 5,000 | 20 | 10 | 15 | 15 | |
Open space (of any type) | n/a |
[ii]
Dimensional restrictions.
{A} | The building footprint shall be no greater than 1,200 square feet. | |
{B} | The height shall be no greater than 25 feet. |
[c]
Design standards.
[i]
Nonresidential uses shall not adjoin a residential use or a cluster's dedicated open space.
[Amended 3-20-2019 by Ord. No. 1044]
[ii]
Nonresidential uses shall be oriented toward and or congregated around an area of active open space, such as a close or square, which is a minimum of 4,500 square feet in area.
[Amended 3-20-2019 by Ord. No. 1044]
[iii]
Access to street or close.
{A} | Each nonresidential use shall have frontage on a street or close. |
[iv]
Access to parking.
{A} | Each nonresidential use shall be provided with and maintain a minimum thirty-six-inch-wide hardscaped walking path between the building entrance and the adjoining street or close. |
[d]
Signage.
[i]
Sales office/association office.
{A} | One externally illuminated or nonilluminated sign shall be permitted that is: | ||
{1} | Either freestanding or mounted to the face of the building. | ||
{2} | If freestanding, no greater than four feet above grade in height. | ||
{3} | A maximum of 24 square feet in area. | ||
{4} | If freestanding, located within 50 feet of the primary entrance on the same lot as the building to which the sign refers. | ||
[ii]
Clubhouse.
{A} | One externally illuminated or nonilluminated sign shall be permitted that is: | ||
{1} | Either freestanding or mounted to the face of the building. | ||
{2} | If freestanding, no greater than four feet above grade in height. | ||
{3} | A maximum of 24 square feet in area. | ||
{4} | If freestanding, located within 50 feet of the primary entrance on the same lot as the building to which the sign refers. | ||
[iii]
Storage building.
{A} | One nonilluminated sign shall be permitted that is: | ||
{1} | Either freestanding or mounted to the face of the building. | ||
{2} | If freestanding, no greater than four feet above grade in height. | ||
{3} | A maximum of 12 square feet in area. | ||
{4} | If freestanding, located within 50 feet of the primary entrance on the same lot as the building to which the sign refers. | ||
[e]
Off-street parking.
[i]
Required spaces.
{A} | Sales office/association office: 1.0 space for every 300 square feet of useable office area within the building. | |
{B} | Clubhouse: 1.0 space for every 150 square feet of any room used for the assembly of the general public. | |
{C} | Storage building: not applicable. |
[ii]
Parking design.
{A} | Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v). | |
{B} | Off-street parking area shall not be located between the primary entrance and the fronting street. Should the building front only one street, the building shall be located between the parking area and a fronting street. | |
{C} | Where possible, the off-street parking area shall be accessed through an alley. |
[6]
The cottage cluster's dedicated open space design standards.
[Amended 3-20-2019 by Ord. No. 1044]
[a]
Purpose of the cottage cluster's dedicated open space: Areas designated for open space within a cottage cluster shall be configured to provide useable open space for passive recreation, community gatherings, and civic interaction by the residents of the cluster and their guests.
[b]
Design standards.
[i]
Spatial design standards.
{A} | Minimum area requirements: 500 square feet per dwelling unit adjoining the cottage cluster's dedicated open space or 3,600 square feet, whichever is greater. | |
{B} | The cottage cluster's dedicated open space shall adjoin only lots or lease lots containing dwelling units or a hardscaped access path. The cottage cluster's dedicated open space shall not adjoin a street or alley. |
[ii]
Amenities. The cottage cluster's dedicated open space shall contain at least two of the following:
{A} | Hardscaped walking paths (in addition to the access path required in § 350-31(f)(2)(C)(ii)[6][b][iv] | |
{B} | Benches. | |
{C} | One gazebo which occupies no more than 10% of the cottage cluster's dedicated open space area. Gazebos shall maintain a five-foot setback from lot or lease lot lines. | |
{D} | One pavilion which occupies no more than 15% of the cottage cluster's dedicated open space area. Pavilions shall maintain a five-foot setback from lot or lease lot lines. | |
{E} | Additional amenities in character with the cluster shall be permitted with the approval of the Board of Commissioners. Structures able to be occupied shall maintain a five-foot setback from lot or lease lot lines. |
[iii]
Area boundary delineation. The cottage cluster's dedicated open space shall be bounded by a wall or fence of a height between two and three feet above grade, with gates provided for each access point.
[iv]
Access.
{A} | A five-foot-wide hardscaped permeable/pervious walking path shall be entirely located within the cottage cluster's dedicated open space, entirely located within eight feet of the area boundary delineation wall or fence, and shall connect to the connecting lot or lease lot hardscaped walking path via the gate required in Subsection (vi)(b)(3). | |
{B} | A minimum five-foot-wide hardscaped permeable/pervious access path shall be provided from the street or alley to provide access for maintenance personnel or equipment. |
[d]
The ownership and maintenance of open space shall be governed by § 350-58, substituting "cottage housing development" for "planned residential development" when applying that section to a cottage housing development.
[e]
The cottage cluster's dedicated open space required herein shall not count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d) for prime open space, unless specifically accepted by the Board of Commissioners.
[f]
The cottage cluster's dedicated open space shall have no requirement for off-street parking.
[7]
Open space design standards.
[Amended 3-20-2019 by Ord. No. 1044]
[a]
Areas designated for open space (not associated with a cottage cluster's dedicated open space) shall be configured to meet the following purposes:
[i]
Maximize the conservation of site features identified as having environmental, historical or recreational value. Existing natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation, are encouraged to be preserved in a natural state wherever possible.
[ii]
Provide links to existing or planned open space or recreation areas located on abutting lots, including, but not limited to, pedestrian trails, sidewalks, or greenways. This shall not apply to open space or recreation located on the opposite side of a collector or arterial road.
[iii]
Provide useable open space for active and passive recreation, community gatherings, and civic interaction by the residents of the development and their guests.
[iv]
Minimize intrusion of views, on and off the site, through the use of evergreen and deciduous trees, and open space buffers.
[v]
Implement municipal open space and recreation plans, where such plans have been adopted by the Township.
[vi]
Provide buffers between the development and adjoining development, parks or protected lands.
[b]
The open space areas shall be interspersed throughout the residential areas and linked by a common pedestrian system that is accessible to all residents.
[c]
A maximum of 60% of the open space may contain floodway, wetlands, or slopes in excess of 25%. Such features shall not be located within the active open space.
[d]
Open space shall not include inaccessible (i.e., fenced and gated) stormwater management basins or easements. Underground stormwater infiltration areas and spray irrigation fields shall be permitted within the open space in accordance with the following:
[e]
Minimum dimensions: Any area designated as open space shall be a minimum of 500 square feet and 50 feet in width, except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas, which shall be a minimum of 20 feet in width.
[f]
Active open space shall meet the following standards:
[i]
Maximum grade of 5%;
[ii]
Minimum size for an active open space area is 20,000 square feet;
[iii]
Active open space area(s) shall be centrally located to a majority of dwelling units within the development.
[iv]
In addition to landscaping in the form of shade trees, evergreen and deciduous shrubs, and groundcovers, amenities shall include at least four of the following types of uses, subject to Township Board of Commissioners approval:
{A} | Gazebos and pavilions, which shall be set back a minimum of 15 feet from any lot or lease lot line and 30 feet from a street or alley; | |
{B} | Trails, which shall be a paved surface with a minimum of six feet in width and set back a minimum of five feet from a lot line. | |
{C} | Playground equipment, which shall be set back a minimum of 20 feet from a lot line. | |
{D} | Playing fields, which shall be set back a minimum of 20 feet from a lot line. | |
{E} | Gazebo and a hardscape plaza. The gazebo shall be located on a hardscaped plaza. The hardscaped plaza shall be at least 1,000 square feet in area, set back a minimum of 10 feet from a lot line. | |
{F} | Sports courts, which shall be set back a minimum of 20 feet from a lot line. | |
{G} | Bicycle racks. Bicycle racks shall be located on a hardscaped pads of sufficient size that every bicycle parked at the rack is parked on a hardscaped surface and connected to a sidewalk and/or walking trail by a hardscaped path a minimum of six feet in width. | |
{H} | Benches, which shall be located on hardscaped pads. |
[v]
The active open space area shall not include the sales office/association office, clubhouse, or storage buildings.
[vi]
Off-street parking. Active open space area shall provide off-street parking spaces in accordance with the open space minimum required off-street parking requirements of § 350-48(o)(8). The area provided for such off-street parking spaces shall not be counted as open space.
{A} | Parking shall be buffered in conformance with § 350-48(o)(2)(E)[v]. | |
{B} | Parking areas shall be accessed by alleys only. | |
{C} | Parking areas shall be limited to no more than six contiguous parking spaces. |
[8]
The ownership and maintenance of open space shall be governed by § 350-32(h), substituting "cottage development" for "planned residential development" when applying that section to a cluster development.[7]
[7]
Editor's Note: Former Subsection (f)(2)(C)(ii)[9], which immediately followed this subsection, was repealed 3-20-2019 by Ord. No. 1044.
(iii)
Mobile home park.
[1] MOBILE HOME PARK
Definitions. As used in this section, the following terms shall have the meanings indicated:
A use, characterized as a tract or tracts under single ownership that has been planned for and is used as the location for two or more manufactured homes or mobile homes that are occupied as dwellings, upon lots which are not conveyable and which have been improved with the necessary utility connections and other appurtenances necessary for placement thereon of a manufactured home or mobile home. This definition does not include employee accessory dwelling units or temporary housing established in response to a federally declared disaster.
[3]
Tract design standards.
[a]
Development options. An applicant may choose from the following mobile home park options. The options are intended to provide a direct relationship between the inclusion of desirable facilities (i.e., more useable open space or open space amenities) that will benefit the community and incremental increases in permitted development capacity.
[Amended 3-20-2019 by Ord. No. 1044]
Development Option | Minimum Tract Size (acres) | Maximum Dwelling Units per Gross Acre | Minimum Percentage of Gross Acreage that is Open Space | Minimum Percentage of Gross Acreage that is Active Open Space |
|---|---|---|---|---|
(A) | 5 | 4.0 | 15% | 5% |
(B) | 5 | 5.0 | 20% | 7.5% |
(C) | 10 | 5.0 | 15% | 5% |
(D) | 10 | 6.0 | 20% | 7.5% |
[b]
Access to mobile home sites shall be provided from interior private streets. To ensure adequate traffic flow and emergency services access, there shall be one entrance onto a public street, plus at least one additional entrance onto a public street for every five acres of the tract.
[c]
All mobile home lots shall be set back 50 feet from a public road and 75 feet from any other exterior property line. Such a buffer shall be landscaped in such a way as to provide a visual screen between the mobile home park and an adjoining use. The area within the aforementioned setbacks may be used as part of the open space.
[Amended 3-20-2019 by Ord. No. 1044]
[d]
All utilities serving the park are to be located below grade.
[e]
Guest off-street parking. Each mobile home lot or lease lot shall provide additional guest parking for the residential dwellings.
[i]
Required spaces. A minimum of 1.0 guest parking spaces shall be provided for each mobile home lot or lease lot within the park.
[ii]
Parking design.
{A} | Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v). | |
{B} | Parking areas shall be accessed by alleys only. | |
{C} | Should the alley from which the guest parking area is accessed front both dwellings and open space, the guest parking area shall be located on the open space side of the alley. [Amended 3-20-2019 by Ord. No. 1044] | |
{D} | Parking areas shall be limited to no more than six contiguous parking spaces. |
[4]
Mobile home lot or lease lot criteria.
[a]
Area and bulk regulations: The mobile home park shall provide a range of mobile home lot or lease lot sizes in accordance with the following:
Table (1): | |||||
|---|---|---|---|---|---|
Primary Use | Lot or Lease Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) |
Mobile home | 7,200 to 8,400 | 60 | 20 | 10 | 15 |
Mobile home | 8,401 to 9,600 | 70 | 20 | 10 | 15 |
Mobile home | 9,601 to 10,800 | 80 | 20 | 10 | 15 |
Mobile home | 10,801 or more | 90 | 20 | 10 | 15 |
[b]
Design standards: Each mobile home lot or lease lot shall conform to the following design standards:
[i]
Access to street.
{A} | Each lot or lease lot shall have frontage on a private street. Lots or lease lots may also be served by alleys. |
[ii]
Access to parking.
{A} | Each lot or lease lot shall be provided with and maintain a minimum thirty-six-inch-wide hardscaped walking path between the concrete foundation or basement and the adjoining private street. | |
{B} | Each lot or lease lot shall provide two off-street parking spaces. |
[iii]
Each mobile home lot shall be provided a permanent concrete foundation or basement upon which the mobile home is to be placed and anchored.
[iv]
Accessory buildings or structures. Unless otherwise regulated or prohibited, accessory buildings or structures customary to residential dwellings are permitted, in conformance with § 350-24(c)(8), R-10 High Density Residential Zoning District schedule.
[5]
Nonresidential use lot or lease lot criteria.
[a]
Uses permitted.
[i]
Management office, the purpose of which is to provide office support for the leasing of the mobile home lots or lease lots, and/or the daily operations of the mobile home park.
[ii]
Clubhouse, the purpose of which is to provide recreational or assembly facilities for the residents and their guests, within reasonable walking distance of the dwellings to be served.
[iii]
Storage building, the purpose of which is to provide storage facilities to support the daily operations of the mobile home park.
[b]
Area and bulk regulations:
[i]
Table (A):
Primary Use | Maximum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Height of Building Structure (feet) |
|---|---|---|---|---|---|---|
Management office | 12,000 | 20 | 10 | 15 | 25 | |
Clubhouse | 20,000 | 20 | 10 | 15 | 25 | |
Storage building (as a primary use) | 5,000 | 20 | 10 | 15 | 15 | |
Open space (of any type) | n/a |
[c]
Design standards.
[i]
Nonresidential uses shall not adjoin a residential use.
[ii]
Nonresidential uses shall be oriented toward and or congregated around an area of active open space, such as a close or square, which is a minimum of 4,500 square feet in area.
[Amended 3-20-2019 by Ord. No. 1044]
[iii]
Access to street or close.
{A} | Each nonresidential use shall have frontage on a street or close. |
[iv]
Access to parking.
{A} | Each nonresidential use shall be provided with and maintain a minimum thirty-six-inch-wide hardscaped walking path between the building entrance and the adjoining street or close. |
[d]
Signage.
[i]
Management office.
{A} | One externally illuminated or nonilluminated sign shall be permitted that is: | ||
{1} | Either freestanding or mounted to the face of the building; | ||
{2} | If freestanding, no greater than four feet above grade in height; | ||
{3} | A maximum of 24 square feet in area; | ||
{4} | If freestanding, located within 50 feet of the primary entrance on the same lot as the building to which the sign refers. | ||
[ii]
Clubhouse.
{A} | One externally illuminated or nonilluminated sign shall be permitted that is: | ||
{1} | Either freestanding or mounted to the face of the building; | ||
{2} | If freestanding, no greater than four feet above grade in height; | ||
{3} | A maximum of 24 square feet in area; | ||
{4} | If freestanding, located within 50 feet of the primary entrance on the same lot as the building to which the sign refers. | ||
[iii]
Storage building.
{A} | One nonilluminated sign shall be permitted that is: | ||
{1} | Either freestanding or mounted to the face of the building; | ||
{2} | If freestanding, no greater than four feet above grade in height; | ||
{3} | A maximum of 12 square feet in area; | ||
{4} | If freestanding, located within 50 feet of the primary entrance on the same lot as the building to which the sign refers. | ||
[e]
Off-street parking.
[i]
Required spaces.
{A} | Management office: 1.0 space for every 300 square feet of useable office area within the building. | |
{B} | Clubhouse: 1.0 spaces for every 150 square feet of any room used for the assembly of the general public. | |
{C} | Storage building: not applicable. |
[ii]
Parking design.
{A} | Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v). | |
{B} | Off-street parking area shall not be located between the primary entrance and the fronting street. Should the building front only one street, the building shall be located between the parking area and a fronting street. | |
{C} | Where possible, the off-street parking area shall be accessed through an alley. |
[6]
Open space design standards.
[a]
Areas designated for open space shall be configured to meet the following purposes:
[i]
Maximize the conservation of site features identified as having environmental, historical or recreational value. Existing natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation are encouraged to be preserved in a natural state wherever possible.
[ii]
Provide links to existing or planned open space or recreation areas located on abutting lots, including, but not limited to, pedestrian trails, sidewalks, or greenways. This shall not apply to open space or recreation located on the opposite side of a collector or arterial road.
[iii]
Provide useable open space for active and passive recreation, community gatherings, and civic interaction by the residents of the development and their guests.
[iv]
Minimize intrusion of views, on and off the site, through the use of evergreen and deciduous trees, and open space buffers.
[v]
Implement municipal open space and recreation plans, where such plans have been adopted by the Township.
[vi]
Provide buffers between the development and adjoining development, parks or protected lands.
[b]
The open space areas shall be interspersed throughout the residential areas and linked by a common pedestrian system that is accessible to all residents.
[c]
A maximum of 60% of the open space may contain floodway, wetlands, or slopes in excess of 25%. Such features shall not be located within the useable open space.
[d]
Open space shall not include inaccessible (i.e., fenced and gated) stormwater management basins or easements. Underground stormwater infiltration areas and spray irrigation fields shall be permitted within the open space in accordance with the following:
[e]
Minimum dimensions: Any area designated as open space shall be a minimum of 500 square feet and 50 feet in width, except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas, which shall be a minimum of 20 feet in width.
[f]
Active open space shall meet the following standards:
[Amended 3-20-2019 by Ord. No. 1044]
[i]
Maximum grade of 5%;
[ii]
Minimum size for an active open space area is 24,000 square feet;
[iii]
Active open space area(s) shall be centrally located to a majority of dwelling units within the development, and shall be surrounded by dwelling units on a least two sides.
[iv]
In addition to landscaping in the form of shade trees, evergreen and deciduous shrubs, and groundcovers, amenities shall include at least four of the following types of uses, subject to Township Board of Commissioners approval:
{A} | Gazebos and pavilions, which shall be set back a minimum of 15 feet from any lot or lease lot line and 30 feet from a street or alley; | |
{B} | Trails, which shall be a paved surface with a minimum of six feet in width and set back a minimum of five feet from a lot line. | |
{C} | Playground equipment, which shall be set back a minimum of 20 feet from a lot line. | |
{D} | Playing fields, which shall be set back a minimum of 20 feet from a lot line. | |
{E} | Gazebo and a hardscape plaza. The gazebo shall be located on a hardscaped plaza. The hardscaped plaza shall be at least 1,000 square feet in area, set back a minimum of 10 feet from a lot line. | |
{F} | Sports courts, which shall be set back a minimum of 20 feet from a lot line. | |
{G} | Bicycle racks. Bicycle racks shall be located on a hardscaped pads of sufficient size that every bicycle parked at the rack is parked on a hardscaped surface and connected to a sidewalk and/or walking trail by a hardscaped path a minimum of six feet in width. | |
{H} | Benches, which shall be located on hardscaped pads. |
[v]
The active open space area shall not include the management office, clubhouse, or storage buildings.
[vi]
Off-street parking. Active open space area shall provide off-street parking spaces in accordance with the open space minimum required off-street parking requirements. The area provided for such off-street parking spaces shall not be counted as open space.
{A} | Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v). | ||
{B} | Parking areas shall be limited to no more than six contiguous parking spaces. | ||
[7]
The operator and owner shall be responsible for maintaining all common facilities including, but not limited to roads, parking areas, sidewalks or pathways, open space, water supply and sewage disposal systems and administration and service buildings, in a condition of proper repair and maintenance. If, upon inspection by the Zoning Officer or other representative, it is determined that the mobile home park is not in compliance with this standard or maintenance, the licensee shall be considered to be in violation of this chapter and the Zoning Officer shall notify the operator or licensee of the particulars of any such violation.
[Amended 3-20-2019 by Ord. No. 1044]
[8]
In the event of failure to maintain the facilities the operator and licensee shall thereafter have 30 days in which to correct any such violations, except that if the violation is determined by the Zoning Officer or other representative to constitute a hazard to the health or safety of the residents of the mobile home park, he shall order that the violation be corrected forthwith.
[9]
Maintenance guarantee. The licensee of a mobile home park shall, prior to issuance of any certificate of occupancy pursuant to final approval of an application, post with the Township financial security in a form acceptable to the Township to cover the cost of maintenance of all recreational facilities and other common facilities.
[10]
Registration of occupants. The owner and operator has the responsibility of maintaining a register of all occupants of the mobile home park, and, further, must provide a copy of that list to the Board of Commissioners and to the Township Tax Collector, which list must be updated quarterly.
(3)
TND - Commercial Retrofit Overlay District.
(A)
Intent of the overlay district.
(i)
Promote smart growth policies and innovations in commercial development that foster a greater mix of uses, including residential uses, within a pedestrian-oriented layout.
(ii)
Promote economic vitality in older or underutilized commercial centers through greater flexibility and variety in development options.
(iii)
Promote a more efficient use of land and integration of uses by enabling increased building heights along major road corridors.
(iv)
Provide dwelling options that do not require an automobile to fulfill the full array of daily tasks.
(v)
Promote planned nonresidential centers that have useable open spaces that serve as gathering spaces for patrons.
(vi)
Allow new residential development to serve as a transition and buffer between new nonresidential development and existing neighborhoods.
(B)
Eligibility criteria.
(i)
Ownership: The tract of land may be held in single and separate ownership or by multiple owners; however, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(ii)
Minimum tract size: eight acres.
(v)
All applications for development of a tract as a TND shall be accompanied by, and comply with the Manual of Written and Graphic Design Standards in Appendix C,[12] as enabled by Section 708-A of the Pennsylvania Municipalities Planning Code. The applicant may prepare and submit a specific manual ("Applicant's Specific Manual") which shall be subject to Township approval, pertaining to such specific proposed features as building location, fencing, walls, landscaping, signs, streets, pedestrian circulation, parking, lighting and streetscape. The Applicant's Specific Manual shall be consistent with the design standards in Appendix C of this chapter.
[12]
Editor's Note: Appendix C is included as an attachment to this chapter.
(C)
Use regulations.
(i)
When an applicant meets the eligibility criteria for this overlay district and elects to develop pursuant to it, the following uses are permitted in a TND-Commercial Retrofit in the TND-Commercial Retrofit Overlay District:
[1]
Apartment as part of a mixed-use building.
[2]
Assisted living facility.
[3]
Mixed-use building.
[4]
Motor vehicle service facility (in accordance with "Convenience store with fuel pumps" in Appendix C).
[5]
Nursing home.
[6]
Personal service business (in accordance with Appendix C).
[7]
Pet shop.
[8]
Primary uses permitted in the GC District.
[9]
Retail sales (in accordance with Appendix C).
[10]
Retirement facility.
[11]
Schools, elementary and secondary.
[12]
Service business.
[13]
Single detached dwelling unit (maximum of 20% of residential units).
[14]
Three-flat.
[15]
Townhouse.
[16]
Two-unit dwellings.
[17]
Veterinarians office.
(ii)
The following uses are permitted as accessory uses in a TND-Commercial Retrofit in the TND-Commercial Retrofit Overlay District:
[1]
Those accessory uses listed within the underlying base zoning district.
[2]
Accessory uses customary to the primary uses not listed within the underlying base zoning district but listed within this section.
[3]
Off-street parking: the requirements for off-street parking for the nonresidential uses are to be determined as a coordinated development, see § 350-48(c)(10). For the purposes of this § 350-31(f)(3), delineated parking spaces on public or private streets fronted by the tract developed under this § 350-31(f)(3) shall count as off-street parking spaces.
(iii)
The following uses shall be permitted within the open space, subject to Township Board of Commissioners approval:
[Amended 3-20-2019 by Ord. No. 1044]
[1]
Gazebos, pavilions, benches, and bicycle racks.
[2]
Playfields, tennis and basketball courts, playground equipment and the like.
[3]
Paved trails
[4]
Hardscaped plazas.
[5]
Other uses consistent with the character, nature and purposes of the development's open space, as approved by the Board of Commissioners.
(D)
Overall development regulations.
[Amended 3-20-2019 by Ord. No. 1044]
Development Option | Minimum Tract Size (acres) | Maximum Dwelling Units per Gross Acre | Minimum % of Open Space | Minimum % Active Open Space | Area of Residential Uses | Maximum Lot Areas of Commercial Uses |
|---|---|---|---|---|---|---|
TND-Commercial Retrofit | 8 | 15 | 15% | 5% | Minimum 10% Maximum 25% | 75% |
(i)
Open space, active open space, and lot areas of commercial uses shall be based upon percentage of the gross acreage of the tract. The minimum designated open space required herein shall count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d), for open space and prime open space, and shall be so dedicated in accordance with § 312-36(d). Any additional open space beyond the required minimum designated open space may also be dedicated in accordance with § 312-36(d) or may be held in private ownership as a low-intensity recreation use.
(ii)
Measurement of lot area of commercial uses shall be based upon the total lot area of such uses. For purposes of this calculation, mixed-use buildings (including those with upper-story apartment units), nursing homes, and any nonresidential or skilled nursing component of a retirement facility shall count toward the maximum lot area of commercial uses.
(iii)
Maximum dwelling units per gross acre shall be based upon the acreage of the residential uses and shall not count the area of commercial uses.
(E)
Area and bulk regulations.
(i)
Area and bulk regulations:
Primary Use | Minimum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage |
|---|---|---|---|---|---|
Single detached dwelling unit | 6,000 | 50 | 8 | 25 | 45% |
Twin | 4,800/unit | 40/unit | 10 | 25 | 50% |
Two-flat | 8,400 | 70 | 10 | 25 | 50% |
Three-flat | 12,000 | 100 | 10 | 25 | 55% |
Townhouse | 2,800 | 20/unit | 15 | 45 | 65% |
Commercial uses | 20,000 | 100 | 5 | 20 | 75% |
Mixed-use building | 15,000 | 90 | 10 | 20 | 75% |
[1]
Lot width of single detached dwellings shall vary from lot to lot, so that not more than three adjoining residential lots may have the same width in order to induce variety in the layout of the plan. To meet the purposes of this section, the lot width shall vary by a minimum of five feet from an adjoining lot.
[2]
Accessory uses and structures shall be set back in accordance with the Zoning District Schedule of the base zoning district.
(iii)
Building height:
[1]
Residential minimum: 20 feet.
[2]
Residential maximum: 35 feet.
[3]
Nonresidential minimum: two stories or 20 feet.
[4]
Nonresidential (including mixed-use buildings) maximum: Unless otherwise permitted by the underlying base zoning district at that location, three stories or 45 feet, except that:
[a]
Up to four stories or 60 feet may be permitted along arterial and collector roads in the overlay district, so long as any portion of a building that exceeds 35 feet in height shall be located a minimum of 300 feet from any lot line abutting an existing residential district or use that is not included in the same TND application as the building.
[b]
Up to five stories or 75 feet may be permitted within 2,000 feet of the intersection of Cedar Crest Boulevard and Route 22, so long as any portion of such building that exceeds 60 feet in height shall be located a minimum of 500 feet from any lot line abutting an existing residential district or use that is not included in the same TND application as the building.
(iv)
Building separation distances (between buildings on the same lot).
[1]
A minimum distance of 12 feet shall separate all single detached dwellings and two-unit dwellings from one another.
[2]
Townhouses and three-flat dwellings shall be separated from single detached dwelling unit/twins/two-flat, and other townhouses or three-flats by a minimum of 15 feet.
[3]
Nonresidential buildings shall have a minimum separation distance of 20 feet to any other principal freestanding building.
(v)
Buffer strips and yards.
[1]
Buffers shall be planted in accordance with § 350-42(b). At locations where the underlying base zoning district is residential, the required buffer shall be twice the width normally required where abutting an existing residential use.
[2]
Nonresidential primary use buildings shall be set back a minimum of 40 feet from any perimeter lot line abutting existing residential uses or districts. Unless abutting a residential use, nonresidential primary use buildings along the perimeter lot line shall utilize the same setbacks along the perimeter lot line as required by the adjoining nonresidential district.
[3]
Residential primary use buildings shall be set back a minimum of 40 feet from any perimeter lot line abutting existing nonresidential uses or districts. Unless abutting a nonresidential use, residential primary use buildings along the perimeter lot line shall utilize the same setbacks along the perimeter lot line as required by the adjoining residential district.
(F)
Design standards and development regulations.
(i)
The design standards in Appendix C[13] shall apply to the building location, building height, Main Street environment, parking location, alleys, public realm, and streetscape of the TND-Commercial Retrofit.
[13]
Editor's Note: Appendix C is included as an attachment to this chapter.
(iii)
Commercial area development regulations.
[1]
A minimum of 30% of the nonresidential floor area shall be located in mixed-use buildings.
[2]
A minimum of 60% of the commercial or mixed-use floor area shall be designed in accordance with the design standards (Appendix C), and oriented towards a green, plaza or square and/or towards a close. The minimum area of the aforementioned "central plaza" or "central green" shall be:
[3]
Parking shall be located to the side or rear of a commercial use. No parking shall be located between the commercial building and the street.
[4]
All anchor stores, drive-through facilities, motor vehicle service facilities, and parking garages shall be designed in accordance with Appendix C, Lot Diagrams, whether or not located in a Main Street environment.
(4)
TND - Industrial Retrofit and Infill Overlay District.
(A)
Intent of the overlay district.
(i)
Promote smart growth policies and innovations in industrial development that fosters a greater mix of uses, including limited residential uses, and increased connectivity within a site.
(ii)
Promote economic vitality and increase the Township's employment and tax base by encouraging expanded and new, light industrial development.
(iii)
Promote a more efficient use of vacant and underutilized industrial land by providing greater flexibility in development options and increased building heights along major road corridors.
(iv)
Promote planned nonresidential centers that have useable open spaces and pedestrian gathering areas that contribute to the Township's open space network, and streetscapes that contribute to the beauty and function of the Township.
(v)
Allow new residential development to serve as a transition area between new nonresidential development and existing neighborhoods.
(B)
Eligibility criteria.
(i)
Ownership: The tract of land may be held in single and separate ownership or by multiple owners; however, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(ii)
Minimum tract size: 25 acres.
(v)
All applications for development of a tract as a TND shall be accompanied by and comply with the Manual of Written and Graphic Design Standards in Appendix C,[16] as enabled by Section 708-A of the Pennsylvania Municipalities Planning Code. The applicant may prepare and submit a specific manual ("Applicant's Specific Manual") which shall be subject to Township approval, pertaining to such specific proposed features as building location, fencing, walls, landscaping, signs, streets, pedestrian circulation, parking, lighting and Streetscape. The Applicant's Specific Manual shall be consistent with the design standards in Appendix C of this chapter.
[16]
Editor's Note: Appendix C is included as an attachment to this chapter.
(C)
Area regulations.
[Amended 3-20-2019 by Ord. No. 1044]
Development Option | Minimum Tract Size (acres) | Maximum Dwelling Units per Gross Acre | Minimum % of Open Space | Minimum % Active Open Space | Area of Residential Uses | Area of Commercial Uses | Area of Industrial Uses |
|---|---|---|---|---|---|---|---|
TND-Industrial Retrofit and Infill | 25 | 8 | 15% | 5% | Maximum 10% | Maximum 35% | Maximum 85% |
(i)
Open space, active open space, and areas of industrial and commercial uses shall be based upon percentage of the gross acreage of the tract. The minimum designated open space required herein shall count toward the open space required by the Township Subdivision and Land Development Ordinance, § 312-36(d), for open space and prime open space, and shall be so dedicated in accordance with § 312-36(d). Any additional open space beyond the required minimum designated open space may also be dedicated in accordance with § 312-36(d) or may be held in private ownership as a low-intensity recreation use.
(ii)
Measurement of area of industrial and commercial uses shall be based upon the lot area. Mixed-use buildings shall count toward the maximum area of industrial or commercial uses.
(iii)
Maximum dwelling units per gross acre shall be based upon the acreage of the area of residential uses.
(D)
Use regulations.
(i)
The following uses are permitted in an industrial retrofit and infill TND in the Industrial Retrofit and Infill TND Overlay District:
[1]
Apartment as part of a mixed-use building.
[2]
Apartment building (in accordance with § 350-24(c)(8), Zoning District Schedule: High Density Residential R-10, as appropriate).
[Amended
[3]
Assisted living facility.
[4]
Bank.
[5]
Business and professional office.
[6]
Day-care center.
[7]
Educational institutions.
[8]
Hotel or motel.
[9]
Manufacturing.
[10]
Medical office.
[11]
Mixed-use building.
[12]
Motor freight terminal [in accordance with § 350-48(m)(6)].
[13]
Motor vehicle service facility (in accordance with "Convenience Store with Fuel Pumps" in Appendix C).
[14]
Printing, binding and publishing.
[15]
Public uses.
[16]
Recreation facility.
[17]
Recreation, low-intensity.
[18]
Recreation, high-intensity.
[19]
Research and development.
[20]
Service business.
[21]
Two-unit dwelling.
[22]
Utility distribution and service facilities.
[23]
Warehousing and distribution [in accordance with § 350-48(w)(1)].
[24]
Wholesale sales.
(ii)
The following uses are permitted as accessory uses in an industrial retrofit and infill TND in the Industrial Retrofit and Infill TND Overlay District:
[1]
Those accessory uses listed within the underlying base zoning district.
[2]
Accessory uses customary to the primary uses not listed within the underlying base zoning district but listed within this section.
[3]
Off-street parking: the requirements for off-street parking for the nonresidential uses are to be determined as a coordinated development, see § 350-48(c)(10). For the purposes of this § 350-31(f)(4), delineated parking spaces on public or private streets fronted by the tract developed under this § 350-31(f)(4) shall count as off-street parking spaces.
(iii)
The following uses shall be permitted within the open space:
[Amended 3-20-2019 by Ord. No. 1044]
[1]
Gazebos, pavilions, benches, and bicycle racks.
[2]
Playfields, tennis and basketball courts, playground equipment and the like.
[3]
Paved trails.
[4]
Hardscaped plazas.
[5]
Other uses consistent with the character, nature and purposes of the development'sOpen Space, as approved by the Board of Commissioners.
(E)
Area and bulk regulations.
(i)
Area and bulk regulations:
Primary Use | Minimum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage |
|---|---|---|---|---|---|
Single detached dwelling unit | 6,000 | 60 | 8 | 25 | 45% |
Two-unit dwelling | 4,800/unit | 40/unit | 10 | 25 | 50% |
Two-flat | 8,400 | 70 | 10 | 25 | 50% |
Townhouse | 2,800/unit | 20 | 15 | 45 | 65% |
Three-flat dwelling | 12,000 | 100 | 10 | 25 | 55% |
Apartment building | No limit | 100 | 20 | 25 | 65% |
Commercial/industrial uses | 1 acre | 100 | 20 | 30 | 75% |
Mixed-use building | 15,000 | 90 | 10 | 20 | 75% |
(iii)
Building height:
[1]
Residential minimum: 20 feet.
[2]
Residential maximum: 35 feet.
[3]
Nonresidential minimum: two stories or 20 feet.
[4]
Nonresidential maximum: Unless otherwise permitted by the underlying base zoning district at that location, three stories or 45 feet; except that along arterial and collector corridors, a maximum of four stories or 60 feet may be built, so long as any portion of a building in excess of 35 feet in height shall be set back a minimum of 300 feet from any lot line abutting an existing residential district or use, not included in the same TND application as the building.
(iv)
Building separation distances (between buildings on the same lot).
[1]
A minimum distance of 12 feet shall separate all single detached dwelling unit and semi-detached/two-flat residential dwellings from one another.
[2]
Townhouses and three-flat dwellings shall be separated from single detached dwelling unit/two-unit dwellings, and other townhouses or three-flat dwellings by a minimum of 15 feet.
[3]
Apartment buildings shall be separated from any other residential building type by a minimum of 20 feet.
[4]
Nonresidential buildings shall have a minimum separation distance of 20 feet to any other principal freestanding building groups.
(v)
Buffer strips. Buffers shall be planted in accordance with § 350-42(b). At locations where the underlying base zoning district is residential, the required buffer shall be twice the width normally required where abutting an existing residential use.
(vi)
Residential uses.
[1]
All residential uses shall be used as a transition between commercial and industrial uses and existing residential areas, and therefore shall be located adjacent to existing residential development on adjoining lots.
[2]
Where proposed, residential uses shall be separated from any manufacturing, warehousing, freight terminal, or other industrial uses by a minimum of 600 feet. Private streets serving residential areas shall be signed so as to prohibit through traffic for trucks.
(5)
Active Adult Neighborhood Development Overlay — AAND-O
(A)
Overlay District Schedule.
[Amended 2-1-2023 by Ord. No. 1072]
AAND-O Uses Permitted12 | ||||||||
|---|---|---|---|---|---|---|---|---|
Area (square feet) | Frontage (feet) | Front to Private or Public Street Cartway (feet)15 | Sides to Lot Lines (feet) | Rear to Lot Lines (feet) | Minimum Floor Space per Unit (square feet) | Maximum Units per Building | Maximum Height of Building Structure (feet) | |
Primary Uses | ||||||||
Single-family detached dwelling | 5,500 | 50 | 20 | 13 & 14 | 2014 | 900 | 1 | 40 |
Twins | 3,500 | 32.5 | 20 | 13 & 14 | 2014 | 800 | 2 | 40 |
Business/professional office | 20,000 | 100 | 25 | 15 | 15 | n/a | n/a | 35 |
Medical office | 20,000 | 100 | 25 | 15 | 15 | n/a | n/a | 35 |
Restaurant, sit-down | 20,000 | 100 | 25 | 15 | 15 | n/a | n/a | 35 |
Community center16 | 1 acre | 100 | 20 | 13 & 14 | 2014 | 17 | n/a | 35 |
Temporary real estate sales office | 3,500 | 32.5 | 20 | 13 & 14 | 20 | n/a | n/a | 35 |
Temporary construction site trailer19 | 3,500 | 32.5 | 20 | 13 & 14 | ||||
Accessory Uses | ||||||||
Tennis court | n/a | n/a | 60 | 15 | 10 | n/a | n/a | n/a |
Swimming pool | n/a | n/a | 60 | 15 | 10 | n/a | n/a | n/a |
Swimming pool, portable | n/a | n/a | 60 | 15 | 10 | n/a | n/a | n/a |
Swimming pool, residential | n/a | n/a | 60 | 15 | 10 | n/a | n/a | n/a |
Walking and bicycle paths | n/a | n/a | 5 | 5 | 5 | n/a | n/a | n/a |
Golf/putting/chipping area | n/a | n/a | 60 | 15 | 10 | n/a | n/a | n/a |
Shuffle board courts | n/a | n/a | 60 | 15 | 10 | n/a | n/a | n/a |
Garage/carport, private | n/a | n/a | 20 | 13 | 20 | n/a | n/a | n/a |
Gazebo | n/a | n/a | 60 | 13 | 20 | n/a | n/a | n/a |
Geoexchange energy systems | Subject to the provisions of § 350-48(g)(3) | |||||||
Greenhouse, private | n/a | n/a | 60 | 13 | 20 | n/a | n/a | n/a |
Home-based business, no-impact | Subject to the provisions of § 350-48(h)(5) | |||||||
Residential solar energy systems | Subject to the provisions of § 350-48(s)(13) | |||||||
Small wind energy systems (roof-mounted) | Subject to the provisions of § 350-48(w)(7) | |||||||
Storage buildings | n/a | n/a | 60 | 13 | 20 | n/a | n/a | n/a |
Signs | Subject to the provisions of § 350-48(s)(10) | |||||||
Administrative offices for the management of an active adult neighborhood development | 3,500 | 32.5 | 20 | 13 & 14 | 20 | n/a | n/a | 35 |
Community center, off-street parking and access drives18 | n/a | n/a | 25 | 15 | 15 | n/a | n/a | n/a |
Nonresidential primary use off-street parking and access drives18 | n/a | n/a | 25 | 15 | 15 | n/a | n/a | n/a |
Guest parking areas and access drives18 | n/a | n/a | 25 | 15 | 15 | n/a | n/a | n/a |
Maximum impervious lot coverage of nonresidential uses: 75%. | |
Maximum impervious lot coverage of residential uses: See § 350-44(c) | |
12 | The uses listed in this chart are only permitted if the uses are a part of an active adult neighborhood development, subject to the provisions of this § 350-31(f)(5). Two or more of the above listed nonresidential primary uses and residential uses in an active adult neighborhood development that is developed as a condominium are permitted on the same lot as part of an active adult neighborhood development. Nonresidential primary uses and residential uses in an active adult neighborhood development that is developed as a condominium are exempt from any ordinance provision which limits a single lot to one primary use. |
13 | There is no individual side yard setback; however, both side yard setbacks combined must equal or exceed 15 feet, and provided that no side yard setback is less than five feet. |
14 | Except for patios, decks, porches, entryways, porch/entryway roofs, bay windows, and fireplaces which may extend into the rear and/or side yard setback provided that the patios, decks, porches, entryways, porch/entryway roofs, bay windows, and fireplaces are no closer than five feet to the rear and/or side lot line. |
15 | The front yard setback shall be measured from the cartway; however, where there is a sidewalk located between the building or structure and the cartway the front yard setback shall be measured from the edge of the sidewalk closest to the building or structure. |
16 | A community center may have associated with it as accessory uses the several recreational accessory uses provided for in this section. |
17 | A community center shall provide 20 square feet of interior building space for each dwelling unit within the active adult neighborhood development. |
18 | Off-street parking and access drives for the community center, and nonresidential primary uses shall provide a ten-foot setback from all residential property lines, except where an access drive intersects with a public or private street. |
19 | Temporary construction site trailer shall comply with the provisions of § 350-48(t)(1). |
(B)
Intent. The purpose of this district is to provide housing and recreational facilities for "older persons" as that term is defined in the Federal Fair Housing Act, as amended, and in regulations promulgated (or to be promulgated) thereunder, on tracts of land that are consistent with an environment for housing and permitted amenities for "older persons." This district recognizes that compared to housing that is not age-restricted, households with persons aged 55 and older without minor children: a) do not create burdens upon the public school system, b) create little demand for athletic fields, c) generate less traffic, d) involve lower water and sanitary sewage flows, and e) need fewer parking spaces. This district recognizes the sense of community and lessened private maintenance responsibilities associated with homes being located closer together than in most other single-family-home developments not involving a community owners' association. In addition, this district seeks to conform to the South Whitehall Township Comprehensive Plan by encouraging the creation of neighborhoods. The active adult neighborhood development allows for mix of age-restricted residential development along with neighborhood-appropriate commercial uses that fosters a sense of place and encourages walkability.
(C)
Overlay district. The AAND-O is an overlay zoning district. Therefore, the underlying base zoning districts remain in full force and effect and shall apply when a property is not developed utilizing the provisions of the AAND-O. However, the provisions of the AAND-O, and not those of the underlying base zoning districts, shall apply to all zoning, subdivision, and land development applications submitted for approval under the AAND-O.
(D)
Age-restricted requirements. An active adult neighborhood development ("AAND") shall be designed and operated for occupancy by persons 55 years of age or older in accordance with the following requirements:
(i)
The AAND shall be age-qualified in accordance with the Federal Fair Housing Act. Specifically, an AAND shall meet the requirements for a development to be considered as "housing for older persons" and "intended and operated for occupancy by persons 55 years of age or older", as those terms are defined and limited in Section 805(d)(2)(c) of the Fair Housing Amendment Act of 1988, 42 U.S.C. § 3607(b)(2)(c), as amended, and regulations promulgated (or promulgated in the future) thereunder (the "Fair Housing Act").
(ii)
The residential portion of every AAND shall be organized as a common interest community association as either a homeowners' association under the Uniform Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq., or condominium association under the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., whose members shall consist of all unit owners, which association shall maintain commonly owned areas, private streets, recreation areas, open space facilities, and other common facilities. All unit owners in an AAND shall be required to pay necessary fees to the homeowners' or condominium association, with a proper enforcement mechanism as provided by state law. The declaration of the planned community or condominium for the residential portion of the AAND shall provide and require that the residential portion of the AAND qualifies and remains qualified as a development providing housing for older persons as that term is defined under the Fair Housing Act.
(E)
Accessory uses. In addition to the accessory uses listed in § 350-31(f)(5), the following accessory uses shall be permitted in an AAND:
(F)
Dimensional requirements. The dimensional requirements for an AAND shall be in lieu of all other dimensional requirements set forth in this chapter and also in lieu of all other dimensional requirements in Township ordinances to the extent such requirements are addressed herein; if the dimensional requirements of § 350-31(f)(5)(A) or this section conflict with one or more dimensional requirements otherwise applicable under Township ordinances, the provisions of § 350-31(f)(5)(A) shall apply. The following dimensional requirements shall be observed for an AAND:
(i)
Tract size. The minimum tract size shall be 40 acres, which shall be owned or controlled (such as being under an agreement to purchase) by a single party at the time of the land development application. The tract size of an AAND shall include the residential and nonresidential components of the development. The uses listed at § 350-31(f)(5)(A) shall only be developed as part of an AAND, and cannot be developed independently under the AAND-O.
(ii)
Density. The maximum density shall be five dwelling units per gross acre of tract size for the development. Areas intended for recreational uses, nonresidential component, buildings, proposed streets, wooded areas, utility easements, buffer areas, stormwater detention/retention pond areas and other areas of the tract shall not be deleted from the gross tract area for the purposes of determining maximum density.
(iii)
Buffer yard. Buffering shall not be required in an AAND, except for the buffering required for the parking areas associated with the community center and the nonresidential component of the AAND.
(iv)
Conditional use. All applications to create an AAND shall require conditional use approval to establish compliance with this § 350-31(f)(5).
(v)
Lot lines. Each dwelling in an AAND may be owned as a unit within a condominium without the requirement for individual lot lines. Condominiums with lot lines, and planned communities shall comply with the setback requirements for an AAND. For a condominium without lot lines, the following dimensional requirements for the dwelling units and community center shall apply in lieu of § 350-31(f)(5)(A):
[1]
Front yard setback from public or private street cartway: 20 feet.
[2]
Distance between the sides two of buildings: 15 feet.
[3]
Distance between rear of one building and the side of another building: 25 feet.
[4]
Distance between the rear of two buildings: 40 feet.
[5]
Patios, decks, porches, entryways, porch/entryway roofs, bay windows, and fireplaces may extend into building setbacks, but in no case shall patios, decks, porches, entryways, porch/entryway roofs, bay windows, and fireplaces be closer than five feet from the perimeter of the AAND tract, or 12.5 feet from a dwelling unit other than the dwelling unit or community center to which the patio, deck, porch, entryway, porch/entryway roof, bay window, or fireplace is ancillary.
(G)
Additional performance standards.
(i)
Recreation requirements. A common community center shall be constructed by the developer with private recreation facilities for the residents of the AAND and their invited guests.
[1]
Community center amenities. A community center shall as a minimum include a multipurpose room and at least one of the following other recreational facilities: activity room, common dining area, kitchen area, craft room, fitness room, lounge or another similar recreational facility or area for members of the community and their invited guests.
[2]
Community center parking. The community center shall provide one parking space for each 125 square feet of the community center building.
[3]
Community center buffering. Parking areas associated with the community center shall have the following buffer strips:
[a]
A fifteen-foot-wide buffer strip along property line of an adjacent residential use. Buffering is not required between the community center and a residential use within the AAND community.
[b]
The buffer strip shall consist of dense hedges of deciduous plants and at least 50% evergreen plantings. The plants shall be a minimum of five feet above ground level at the time of planting.
[c]
The buffer strip may be located within side and rear yard setbacks.
[4]
Community center impervious coverage. The maximum amount of impervious coverage for the community center lot shall be 75%.
[5]
Community center usage. Access to the community center shall be restricted to the residents of the AAND community and their invited guests. The community center shall not be open to the general public, and the AAND community is prohibited from providing or selling memberships, passes, or otherwise providing access to persons other than the residents of the AAND and their invited guests.
[6]
Tennis court illumination. Tennis courts which are accessory to the community center are permitted to be illuminated.
(ii)
Roads.
[1]
Internal streets within an AAND may be public and/or privately owned and maintained. An AAND is permitted to have a combination of public and private streets, and a single street may change from public to private at some point along its length.
[2]
Internal private streets within the residential portion of an AAND may be, but are not required, to be gated.
(iii)
Parking. Each dwelling unit shall have a minimum of two off-street parking spaces.
(iv)
Aesthetics. The visible front facade of all dwellings within the AAND shall consist of or be some combination of brick, stucco, stone, wood, other natural materials, or other materials which replicate natural materials.
(H)
Nonresidential component. Every AAND is permitted to include a nonresidential component of the development. The nonresidential component of an AAND is subject to the following requirements:
(i)
Percentage of tract. The nonresidential component shall not occupy more than 10% of the gross tract area of the AAND.
(ii)
Location of nonresidential component. The nonresidential component of the AAND shall be located along the perimeter of the tract adjacent to the street or streets with the highest (most intense) classification under the Township's Official Map.
(iii)
Separate lot and ownership. The nonresidential uses can be located on separate lots and held under separate ownership from the residential portion of an AAND. There is no requirement that the nonresidential component be a member of any homeowners' association or condominium association covering the residential portion of an AAND.
(iv)
Permitted uses. The nonresidential component of an AAND may include any of the uses listed in § 350-35(f)(5)(A) including a combination of more than one of the listed uses in the same building or structure.
(v)
Buffers. Parking areas associated with the nonresidential component of an AAND shall have the following buffer strips:
[1]
A fifteen-foot-wide buffer strip along adjacent property line of a residential use.
[2]
The buffer strip shall consist of dense hedges of deciduous plants and at least 50% evergreen plantings. The plants shall be a minimum of five feet above the adjacent ground at the time of planting.
[3]
The buffer strip may be located within side and rear yard setbacks.
(vi)
Parking. The nonresidential component of an AAND shall provide off-street parking as follows:
(I)
Signs. Signs are permitted within the AAND subject to the following provisions:
(i)
Community center signs.
[1]
An AAND community center is permitted to have one permanent illuminated or nonilluminated sign identifying the community center ("community center sign").
[2]
Maximum area of community center sign: 50 square feet.
[3]
Maximum height of community center sign: eight feet.
[4]
The community center sign shall be not less than five feet from the ultimate right-of-way, provided that it is not within the clear sight triangle.
(ii)
Nonresidential signs.
[1]
The nonresidential portion of an AAND is permitted to have the following signs:
[a]
Illuminated or nonilluminated signs attached and parallel with or painted on the face of the building not to exceed 10% of the building face, or 300 square feet in area, whichever is greater.
[b]
One illuminated or nonilluminated freestanding sign not to exceed 100 square feet in area.
[c]
Nonresidential signs shall be set back five feet from the ultimate right-of-way, provided that it is not within the clear sight triangle.
(g)
Open space design standards.
[Amended 3-20-2019 by Ord. No. 1044]
(1)
Areas regulated by Sections 350-31(f)(2), (3), and (4) and designated for open space shall be configured to meet the following purposes:
(A)
Maximize the conservation of site features identified as having environmental, historical or recreational value. Existing natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation shall be preserved in a natural state wherever possible.
(B)
Provide links to existing or planned open space or recreation areas located on abutting lots, including, but not limited to, pedestrian trails, sidewalks; or greenways. This shall not apply to open space or recreation located on the opposite side of a collector or arterial road.
(C)
Provide useable space for active and passive recreation, community gatherings, and civic interaction by the residents or employees of the TND and their guests.
(D)
Minimize intrusion of views, on and off the site, through the use of evergreen and deciduous trees, and open space buffers.
(E)
Implement municipal open space and recreation plans, where such plans have been adopted by the Township.
(F)
Provide buffers between the TND development and adjacent development, adjoining parks or protected lands, where appropriate.
(2)
The open space areas shall be interspersed throughout the residential and nonresidential areas and linked by a common pedestrian system that is accessible to all residents.
(3)
A maximum of 60% of the open space may contain floodway, wetlands, or slopes in excess of 25%. Such features shall not be located within the active open space.
(A)
Accessible artificial wetlands, such as (i) rain gardens, (ii) wet-bottom retention or detention basins or (iii) similar stormwater management best management practices, shall be permitted within the 60% of the open space. Other stormwater management facilities, including but not limited to traditional, grass-bottomed stormwater detention basins, shall not be permitted in open space. Similarly, any artificial wetlands areas that are enclosed with fencing or are otherwise inaccessible shall not be permitted in open space.
(4)
Minimum designated open space shall not include storm water management basins or easements. Underground stormwater infiltration areas and spray irrigation fields shall be permitted within the minimum designated open space in accordance with the following:
(5)
Minimum dimensions: Any area designated as open space shall be a minimum of 500 square feet and 50 feet in width, except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas, which shall be a minimum of 20 feet in width.
(6)
Active open space: The minimum percentage of the total tract area that is designed as active open space in accordance with TND Overlay District shall count toward the minimum designated open space, and shall meet the following standards:
(A)
Maximum grade of 5%;
(B)
Open space for passive recreation and pedestrian gathering shall be provided;
(C)
In a residential cluster TND, a minimum of 50% of the active open space shall be in the form of a green, square, plaza or close, and shall be centrally located to a majority of dwelling units within the development. Such central open space shall be surrounded by dwelling units or mixed-use buildings on at least two sides.
(D)
Active open space in the TND-Commercial Retrofit or TND-Industrial Retrofit: At least one open space area shall be centrally located among the nonresidential buildings. This "central plaza" or "central green" shall be lined by buildings on at least two sides. Where a Main Street environment is provided, such open space shall be located adjacent to the Main Street environment. The minimum area of the aforementioned "central plaza" or "central green" shall be:
(E)
In addition to landscaping in the form of shade trees, evergreen and deciduous shrubs, and groundcovers, amenities shall include at least four of the following types of uses, subject to Township Board of Commissioners approval:
(i)
Gazebos and pavilions, which shall be set back a minimum of 15 feet from any lot or lease lot line and 30 feet from a street or alley;
(ii)
Trails, which shall be a paved surface with a minimum of six feet in width and set back a minimum of five feet from a lot line.
(iii)
Playground equipment, which shall be set back a minimum of 20 feet from a lot line.
(iv)
Playing fields, which shall be set back a minimum of 20 feet from a lot line.
(v)
Gazebo and a hardscape plaza. The gazebo shall be located on a hardscaped plaza. The hardscaped plaza shall be at least 1,000 square feet in area, set back a minimum of 10 feet from a lot line.
(vi)
Sports courts, which shall be set back a minimum of 20 feet from a lot line.
(vii)
Bicycle racks. Bicycle racks shall be located on hardscaped pads of sufficient size that every bicycle parked at the rack is parked on a hardscaped surface and connected to a sidewalk and/or walking trail by a hardscaped path a minimum of six feet in width.
(viii)
Benches, which shall be located on hardscaped pads.
(F)
Off-street parking. Active open space area shall provide off-street parking spaces in accordance with the open space minimum required off-street parking requirements. The area provided for such off-street parking spaces shall not be counted as open space.
(i)
Parking shall be buffered in conformance with § 350-48(o)(2)(E)(v).
(ii)
Parking areas shall be limited to no more than six contiguous parking spaces.
(G)
The ownership and maintenance of open space shall be governed by § 350-32(h), substituting "TND" for "planned residential development" and "open space" for "common open space" when applying that section to a TND.
(H)
The open space required herein for a TND shall count toward open space required by Subdivision and Land Development Ordinance § 312-36(d).
(I)
Open space shall be developed in accordance with Appendix C.[18]
[18]
Editor's Note: Appendix C is included as an attachment to this chapter.
§ 350-32 Planned residential development.
(a)
Short title. This section shall be known and may be cited as the South Whitehall Township Planned Residential Development Ordinance.
(b)
Purpose. The purposes of this section are:
(1)
To insure that the objectives of the South Whitehall Township Comprehensive Plan are fulfilled.
(2)
To encourage innovations in residential developments so that the growing demand for housing may be met by greater variety and maximum choice in the type, design, and layout of dwellings, and by the conservation and efficient use of open space ancillary to said dwellings.
(3)
To provide through the above innovations greater opportunities for better housing and recreation for existing and potential residents of South Whitehall Township.
(4)
To encourage more efficient use of land and services and to reflect changes in the technology of land development so that the economy secured may ensure to the benefit of those who need homes.
(5)
To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, wooded areas, steeply sloped areas, areas of unusual beauty, and areas of importance to the natural environment.
(6)
To provide a procedure which can relate the type, design, and layout of the residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within the existing residential areas and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.
(c)
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) AVERAGE GROSS RESIDENTIAL DENSITY COMMON OPEN SPACE DEVELOPMENT PLAN ORGANIZATION PRELIMINARY PLAN STAGE
For the purpose of this section, all definitions except those listed below shall be the same as those found in South Whitehall Township's Zoning Ordinance as amended. (See § 350-05 herein.)
The number of dwelling units per acre in a planned residential development, computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development.
A parcel or parcels of land within the PRD designed and intended for the use of residents of the PRD or their guests.
The provisions for development of a planned residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open apace and public facilities. The phrase "provisions of the development plan" when used in this section shall mean the written and graphic materials referred to in this definition.
A corporation, association, trust, foundation, fund, or a group of persons, suitably organized or associated to insure the improvement, maintenance, and preservation of public open space and/or common open space.
Tentative approval as defined and used in the Pennsylvania Municipalities Planning Code.
A section or sections of the planned residential development in which a developer proposes to commence development at the same time, as indicated in the development plan for the PRD and as part of a timetable for development of a PRD over a period of years.
(d)
Applicability. The provisions of this section shall govern and control the approval of any proposed planned residential development exclusively. Except as otherwise provided in this section, provisions contained in the Zoning Ordinance shall apply to a planned residential development and the procedures established in this section shall be the exclusive procedures to be followed in obtaining approval of a planned residential development. Any proposed PRD shall be subject to the review procedure as established by this section and the development standards as established in this section and the South Whitehall Township Subdivision Regulations.[1] In case of duplication or conflict between provisions of this section and provisions of the Subdivision Regulations, the more stringent provisions shall govern.
(e)
Eligibility requirements. An application for sketch, preliminary or final plan approval of a proposed planned residential development shall not be eligible for approval unless the following initial requirements are met:
(1)
The proposed planned residential development shall consist of one or more contiguous parcels of land under single ownership or control.
(2)
A proposed planned residential site shall only be located in the following districts and contain the following acres of land:
Zoning District | Minimum Gross Required Acres |
|---|---|
R-3 | 75 |
R-4 | 50 |
(3)
Public water and public sanitary sewer systems are available to serve the proposed planned residential development. Where it is feasible to extend an existing public water and/or public sanitary sewer system(s) to the proposed planned residential development site, such an extension shall be made and shall be made at the expense of the developer of the planned residential development. In the absence of a public water and/or public sanitary sewer system(s), or if the extension of existing municipal systems to the proposed site is decided to be economically impractical by the Board of Commissioners, the developer shall be required to construct a water and/or sanitary sewer system(s) to Township standards and to dedicate said system(s) to the Township as a public centralized water and/or sewage system(s).
(4)
The proposed planned residential development shall be served by a storm drainage and/or storm drainage control system as approved by the Township Engineer.
(5)
The proposed planned residential development shall have a minimum of 600 feet of frontage on an arterial or collector road as designated in the South Whitehall Township Master Plan and Zoning Ordinance.
(6)
The proposed planned residential development shall be consistent with the Comprehensive Plan of South Whitehall Township.
(f)
Land use control and land use density requirements.
(1)
Tract requirements:
(A)
The tract may be divided by an existing local or collector street which may be retained as part of the plan for the development or relocated in accordance with an approved site plan.
(B)
There shall be no access from the tract to existing public roads other than by interior streets at minimum intervals of 400 feet, and no dwelling units shall front upon an arterial street incorporated into or created within a planned residential development.
(C)
Every dwelling unit shall be connected to and properly served by a public water and public sanitary sewer system and by a storm drainage system.
(2)
Residential uses. A mix of housing types appropriate to the planned residential development site and the surrounding area determined according to the provisions set forth may include the following residential uses:
(3)
Housing mix. Each PRD shall contain at least three residential uses as listed in § 350-32(f), one of which shall be single detached dwellings and each stage of the PRD shall contain at least two of said permitted housing types. The percentage of mix of the proposed planned residential development shall be as follows:
Zoning District | Housing Mix |
|---|---|
R-3 | Minimum 40% Detached single dwellings |
Maximum 40% Twins, two-flats, three-flats, and townhouses | |
Maximum 20% Apartments | |
R-4 | Minimum 40% Detached single dwellings |
Maximum 40% Twins, two-flats, three-flats, townhouses | |
Maximum 20% Apartments |
(5)
Land use density requirements. Land use density within planned residential developments shall be regulated by the following general standards:
(A)
Average gross residential density for the total PRD site shall be subject to the following schedule:
Zoning District | Average Units per Gross Acre |
|---|---|
R-3 | 4.9 |
R-4 | 5.4 |
(B)
The percentage of the planned residential development site to be devoted to common open space shall be no less than 15% of the total site area in an R-3 District and 20% of the total site area in an R-4 District.
(6)
The following lot sizes and setback distances per residential district shall be considered minimum requirements:
Minimum Lot Sizes Per Dwelling Unit | Minimum Setback Distances | ||||
|---|---|---|---|---|---|
R-3 District | Area (square feet) | Frontage (feet) | Front to Street Right-of-Way Line (feet) | Rear Lot Line (feet) | Each Side Yard per Building (feet) |
Single detached dwelling unit | 10,000 | 90 | 25 | 25 | 10 |
Twins | 4,000 | 35 | 25 | 25 | 10 |
Townhouses | 2,400 | 24 | 25 | 25 | 10 |
Apartments | 25 | 25 | 10 | ||
Minimum Lot Sizes Per Dwelling Unit | Minimum Setback Distances | ||||
|---|---|---|---|---|---|
R-4 District | Area | Frontage (feet) | Front to Street Right-of-Way Line (feet) | Rear Lot Line (feet) | Each Side Yard per Building (feet) |
Single detached dwelling unit | 8,000 | 80 | 25 | 25 | 10 |
Twins | 3,000 | 30 | 25 | 25 | 10 |
Townhouses | 2,400 | 24 | 25 | 25 | 10 |
Apartments | 25 | 25 | 10 | ||
(A)
Minimum lot sizes for single detached dwelling units and in R-3 and R-4 Districts have been established to indicate to the developer the absolute minimum lot size that a home can be developed on. This minimum standard shall not become the predominant lot size in the development. The developer shall provide a variety of lot sizes thus creating an opportunity for a variety of house sizes and styles.
(g)
Site analysis and site design standards.
(1)
Natural features analysis:
(A)
In order to determine which specific areas of the total PRD site are best suited for higher density development, which areas are best suited for lower density development, and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the site is required to be supplied by the applicant. The following subject categories must be included in this analysis:
(i)
Hydrology: Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wet lands, floodplain areas, permanent high water table areas, and seasonal high water table areas throughout the site.
(ii)
Geology: Analysis of characteristics of rocks, rock formations, underlining the site including defining aquifers (particularly those locally subject to pollution), shallow bedrock areas, and areas in which rock formations are unstable.
(iii)
Soils: Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharged soil areas, unstablized soils, soils most susceptible to erosion, and soils susceptible for urban development. The analysis of soils will be based on the County Soil Survey of the U.S. Soil Conservation Service.
(iv)
Topography: Analysis of terrain of site including mapping of elevation and delineation of slope areas over 15%, between 5% and 15% and under 5%.
(v)
Vegetation: Analysis of tree and plant cover of the site emphasizing the location of woodland and meadowland areas. Dominant tree and plant species should be identified and the characteristics of each understood.
(2)
Community impact analysis: In order to determine the impact of the planned residential development upon the Township, an analysis by the proposed developer shall be made of the potential effects of the PRD upon public facilities, utilities and roadway systems are required to be supplied by the applicant. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed PRD site are also required to be supplied by the applicant.
(3)
Residential uses:
(A)
The natural features of the PRD site shall be a major factor determining the siting of dwelling unit structures. The results of the natural feature analysis in § 350-32(g)(1) shall be considered in the siting of all dwelling unit structures.
(B)
Conventional siting practices such as building setbacks from streets may be varied subject to the minimum standards as set forth in § 350-32(f)(6) in order to produce attractive and interesting arrangement of buildings and to provide buffers for views and sound.
(C)
Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open apace.
(D)
Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the PRD and maintain privacy for residents adjacent to the PRD.
(E)
Dwelling units and other structures located near the periphery of the planned residential development shall be of the same housing type so as to be harmonious with the adjacent existing neighboring areas.
(F)
There shall be a transition in density and dwelling types from that of existing neighborhoods to that of the PRD.
(G)
No structure shall be located within 25 feet of the right-of-way of any street.
(4)
Common open space:
(A)
The locations, shape, size, and character of the common open space shall be provided in a manner consistent with the objectives set forth in § 350-32(b) of this section, concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through the natural features analysis as described in § 350-32(g).
(B)
The uses authorized for the common open space shall be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population, and the number and types of dwelling units to be developed.
(C)
Whenever possible common open space shall be designed as a contiguous area interspersed with residential areas with pedestrian access available to all residents of the PRD.
(D)
Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated into common open space areas whenever possible. However, no less than 25% of the total common open apace area shall be suitable for intensive use as an active recreation area.
(E)
Development of the PRD shall be planned so as to coordinate the establishment of common open space areas and the construction of dwelling units.
(F)
Incorporation of provisions in Subdivision and Land Development Regulations.[3]
(i)
Applicability. This § 350-32(g)(4) shall be effective with respect to any planned residential development for which a tentative plan is submitted after the publication of notice that common open space revisions are pending, or after the enactment of this provision.
(ii)
Minimum amounts and quality of common open space. The areas set aside for common open space shall include, at a minimum, the amount of useful open space and the amount of prime open space required under § 312-36(d) for a subdivision with the same number of potential dwelling units and the same number of commercial acres as the proposed planned residential development.
(iii)
Suitability and condition. The areas set aside for common open space shall be suitable for their intended purpose, in accordance with the provisions and procedures of § 312-36(d), and shall be improved, prior to the date of the first sale, rental, or residential or commercial use of any lots in the planned residential development so that all of the conditions set forth in § 312-36(d) are satisfied. For purposes of this § 350-32(g)(4)(F)(iii), all references in § 312-36(d) to the dedication of common open space shall be construed to include the setting aside of common open space when no public dedication is intended, and all references in § 312-36(d) to the date of acceptance of the dedication of common open space shall be construed to include the date of the first sale, rental, or residential or commercial use of any lots in the planned residential development when the common open space is not to be dedicated.
(iv)
Fees and/or payments in lieu of common open space. Fees may be paid to the Township in lieu of satisfying all or part of the common open space requirements set forth in this § 350-32(g)(4) if both the developer and the Township Board of Commissioners agree. Similarly, construction of substantial permanent recreation facilities and/or donation of other appropriate land may be made in lieu of satisfying all or part of the common open space Township Board of Commissioners agree. The amount and use of such fees, facilities or other land and the procedures applicable to the payment of such fees, construction of such facilities, or dedication of such other land, shall be as set forth in § 312-36(d). For purposes of this § 350-32(g)(4), all references in § 312-36(d) to the dedication of common open space shall be construed to include the setting aside of common open space when no public dedication is intended.
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
(5)
Streets:
(A)
The street system of the planned residential development shall be designed so as to:
(i)
Relate harmoniously with land uses within and adjacent to the PRD through the establishment of a hierarchy of roadway functions which includes collector and local streets.
(ii)
Create a separation of vehicular and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas, and pedestrian walkways.
(iii)
Create efficient and safe connections with the existing road system of South Whitehall Township in order to insure proper ingress and egress to and from the PRD.
(iv)
Minimize through traffic in residential areas.
(B)
In order to separate vehicular and pedestrian circulation and to increase accessibility to common open apace areas, pedestrian walkways shall be provided wherever feasible. Sidewalks shall be required adjacent to streets in PRDs only as deemed necessary by the Board of Commissioners of South Whitehall Township.
(C)
The design and construction of streets and walks shall conform to the standards set forth in South Whitehall Township's Subdivision Regulations relative to paving specifications, cartway design, horizontal and vertical alignment, and sight distances, etc.
(D)
All streets designed to be a part of the PRD shall be dedicated to South Whitehall Township.
(E)
Driveways to common parking areas shall be considered private streets and shall not be dedicated to the Township.
(6)
Parking:
(A)
There shall be at least two off-street parking spaces, measuring 10 by 20 feet, for each dwelling unit. Where off-street parking spaces are grouped in lots, aisles at least 20 feet in width shall be provided. The lot design and location shall be subject to review and revision by the South Whitehall Township Board of Commissioners.
(B)
Common parking areas for multiunit dwellings shall be screened from adjacent structures, access roads and public streets, by hedges, dense planting, earth berms, or changes in grade or walls. All parking areas shall be a minimum of 20 feet from all structures, access roads and public streets.
(C)
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(D)
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping approved by the South Whitehall Township Board of Commissioners.
(E)
No more than 60 parking spaces shall be accommodated in any single parking area.
(7)
Lighting:
(A)
All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.
(B)
Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps, and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.
(C)
All lighting facilities will be installed by the developer at the developer's expense after which they shall be dedicated to South Whitehall Township.
(8)
Sewer and water utilities:
(A)
Planned residential developments shall be provided with sanitary sewer systems through one of the following methods:
(i)
Connection to a public sewer system shall be required where a public sewer system is available or can feasibly be provided to the PRD site and where such a system can adequately fulfill the sewage disposal needs of the PRD If the proposed sanitary sewer system requires an extension of the Township system, the proposed system shall be installed by the developer according to Township standards.
(ii)
Provision of a centralized sewer system constructed by the developer which serves the entire PRD where an existing public sewer system cannot feasibly be provided to the PRD site. Centralized sewer systems shall be designed and constructed in a manner that will permit adequate collection to an existing public sewer system in the future. The design and construction of centralized sewer system shall conform to the standards established by South Whitehall Township and shall be subject to approval by the Township Engineer.
(B)
Planned residential developments shall be provided with water supply systems through one of the following methods:
(i)
Connection to public water shall be required where a public water system can feasibly be provided to the PRD site and where the capacity of the public water system can adequately fulfill the water demands of the PRD. If the proposed water system requires an extension of the Township system, the proposed extension shall be installed by the developer according to Township standards and dedicated to the Township.
(ii)
Provision of a centralized water supply system constructed by the developer which serves the entire PRD where an existing public water supply system cannot feasibly be provided to the PRD site. Centralized water supply systems shall be designed and constructed in a manner that will permit adequate connection to an existing public water supply system in the future. The design and construction of a centralized water supply system shall conform to the standards established by South Whitehall Township and shall be subject to approval by the Township Engineer.
(9)
Soil erosion control and storm drainage:
(A)
The PRD shall be designed and constructed so as to minimize site clearance and earthmoving. The results of the natural features analysis, § 350-32(g)(1), shall be taken into account in determining areas suitable for site clearance and earthmoving.
(B)
Where site clearance and earthmoving are necessary, erosion control measures shall be undertaken in accordance with standards set forth in Appendix D of the Erosion and Sediment Control Handbook of the County Soil and Water Conservation District.
(C)
Storm drainage: The storm drainage system for a planned residential development shall be designed and constructed so as to minimize erosion and flooding, using as necessary, drainage easements, swales, catchment basins, silt traps, and the design of cartways so as to minimize runoff. The determinations of the site analysis of natural features shall be taken into account in designing and constructing the storm drainage system. The design and construction of the system shall be subject to review and approval by the Township Engineer.
(10)
Tree conservation and landscaping:
(A)
Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
(B)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be regarded as an essential feature of the PRD. In these cases, extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.
(C)
Regardless of whether or not the site has extensive natural cover, the developer will be required to submit a plan indicating how the site is to be landscaped. Said plan will be subject to review and modification by the South Whitehall Township Board of Commissioners.
(11)
Garages and storage facilities:
(A)
A minimum of one one-vehicle garage shall be provided with each single detached dwelling unit, three-flat, townhouse, twin, or two-flat.
(12)
Utilities: Telephone, electric, street lights, and cable TV utilities shall be installed underground.
(13)
Refuse removal: Refuse stations to serve residential, recreation, and commercial areas shall be designed with suitable screening, and located so as to be convenient for trash removal and not offensive to nearby residential areas.
(14)
Land subdivision regulations: With the exception of standards explicitly set forth in § 350-32(g)(2) through (11), site design and site improvements shall conform to standards set forth in the South Whitehall Township Subdivision and Land Development Regulations (Chapter 312 of the Codified Ordinances), provided that § 312-36(d) shall only be applicable to the extent set forth in this § 350-32 (relating to Planned Residential Developments).
(h)
Ownership, maintenance, and preservation of common open space. The developer shall make provisions which insure that the common open space land shall continue as such and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance, and preservation of common open space which shall conform to the following standards and procedures:
(1)
The organization shall be established by the developer before the sale or rent of dwelling units in the PRD.
(2)
The form, financial capability, rules of membership, and methods of cost assessment of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.
(3)
The organization responsible for maintenance, preservation, and improvement of common open space areas shall be the sole owner of the common open space lands.
(4)
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(5)
In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, South Whitehall Township may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, South Whitehall Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within said 30 days or any extension thereof, South Whitehall Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, South Whitehall Township, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development, to be held by South Whitehall Township, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by South Whitehall Township shall not, at the option of the South Whitehall Township, continue for a succeeding year. If South Whitehall Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, South Whitehall Township shall cease to maintain said common open space at the end of said year. If South Whitehall Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, South Whitehall Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of South Whitehall Township in any such case shall constitute a final administrative decision subject to judicial review.
(6)
The cost of such maintenance by South Whitehall Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and if not reimbursed shall become a lien on said properties. South Whitehall Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Lehigh County, upon the properties affected by the lien within the planned residential development.
(7)
Public dedication of common open space: The developer may propose to offer common open space for dedication to any of the following entities rather than maintenance by a homeowners' association: the Township, the Parkland School District, the County of Lehigh, the Commonwealth of Pennsylvania, the United States of America, a municipality authority, or an environmental organization acceptable to the Board of Commissioners. However, it is with the discretion of the South Whitehall Township Board of Commissioners whether such an offer of dedication may be made, or whether a homeowners' association shall undertake operation and maintenance of the common open space. If the South Whitehall Township Board of Commissioners chooses to accept dedication of the common open space, or permits another entity to accept dedication of the common open space, the acceptance may only take place after the developer has improved the common open space in accordance with the requirements of § 350-32(g)(4), the provisions of the Subdivision and Land Development Regulations incorporated therein, and the landscape plan referred to in § 350-32(g)(4)(10). An offer of dedication of common open space made by the developer in the development plan and accepted or approved by South Whitehall Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. Under any other circumstances, provision for dedication must be made subject to § 350-32(k).
(i)
Development in stages. A planned residential development may be developed in stages if the following standards are met:
(1)
The location and approximate time of construction of each stage are clearly marked on the development plan.
(2)
At least 15% of the dwelling units in the development plan are included in the first stage.
(3)
The second and subsequent stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the dwelling units included in the development plan.
(4)
To encourage flexibility of housing density, design, and type in accord with the purposes of this section, gross residential density may by varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire planned residential development must be offset by a gross residential density in a completed prior stage which is less than the permitted average gross residential density for the entire planned residential development, or there must be an appropriate reservation of common open space on the remaining land by a grant of easement or covenant in favor of South Whitehall Township, which specifies the amount and, if necessary, the location of the common open space.
(5)
All streets, curbing, water systems, sewerage systems and stormwater facilities are installed and approved by the Township Engineer in the section to be developed prior to the sale of any lots in said section.
(j)
Procedural requirements. Planned residential developments are subject to all of the regulations as set forth in the South Whitehall Township Subdivision and Land Development Ordinance.[4]
(1)
Sketch plan. Preapplication submission and drawing requirements: Submission procedures shall be governed by § 312-9.
(A)
The submission of a sketch plan is not mandatory but has been established to assist the developer in determining the proper use and concept for his proposed subdivision. If the developer chooses to bypass the sketch plan phase, the developer's preliminary plan will be required to contain all the information called for under the sketch plan requirements.
(3)
In addition to the above, the application for sketch plan approval shall include documentation illustrating compliance with all of the standards for planned residential development set forth in § 350-32(e), (f), and (g), and shall constitute the development plan for the planned residential development.
(4)
Required documentation shall also include but not be limited to materials illustrated in the following information:
(A)
The location, function, size, ownership and manner of maintenance of the common open space.
(B)
A site map or maps at one inch equals 50 feet delineating the hydrology, geology, soils, topography and vegetation of the site as explained in § 350-32(g)(1)(A). The combined impact of the natural features upon the development potential of each specific area of the site will clearly illustrated on the map or maps.
(C)
Documents indicating the impact of the completed planned residential development upon public facilities, utilities, roadway systems and existing development. Projections as to the number of school children in the PRD and the vehicular traffic generated by the PRD shall be included. Where connection to public water supply and sewer systems is contemplated, projections as to the required water supply capacity and waste water volumes generated by the PRD shall be included.
(D)
A written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the South Whitehall Township Comprehensive Plan.
(5)
Preliminary (tentative) plan submission procedure:
(A)
Submission procedure shall be governed by § 312-11(a) and (b).
(6)
Public notification by Township:
(A)
This section shall establish the requirements and procedures for public notifications and hearings and shall govern in place of § 312-11(c).
(B)
Within 60 days after the filing of a complete application for preliminary approval of a planned residential development pursuant to this section, a public hearing pursuant to public notices on said application shall be held by the South Whitehall Township Board of Commissioners according to the procedure as set forth in the Pennsylvania Municipalities Planning Code Article IX.
(C)
Mediation.
(7)
Findings:
(A)
The Board of Commissioners, within 60 days following the conclusion of the public hearing provided for in this section or within 180 days after the date of filing of the application, whichever occurs first, shall, by official written communication to the landowner, either:
(B)
Failure to so act within said period shall be deemed to be a grant of preliminary approval of the development plan as submitted. In the event, however, that preliminary approval is granted subject to conditions, the landowner may within 30 days after receiving a copy of the official written communication of the Board of Commissioners notify the Board of Commissioners of his refusal to accept all said conditions in which case the Board of Commissioners may be deemed to have denied preliminary approval of the development plan. In the event the landowner does not within said period notify the Board of Commissioners of his refusal to accept all said conditions, preliminary approval of the development plan with all said conditions shall stand as granted.
(C)
The grant or denial of a preliminary approval by official written communication shall include not only conclusions but also findings of fact relating to the specific proposal and shall set forth the reasons for the grant with or without conditions or for the denial and said communications shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to finding the fact and conclusions on the following:
(i)
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the South Whitehall Township.
(ii)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk, and use and the reasons why such departures are or are not deemed to be in the public interest.
(iii)
The purpose, location, and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(iv)
The physical design and the development plan and the manner in which said design does or does not make adequate provisions for public services provided adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(v)
The relationship beneficial or adverse of the proposed planned residential development to the neighborhood in which it is proposed to be established in.
(vi)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the planned residential development in the integrity of the development plan.
(8)
In the event a development plan is granted preliminary approval with or without conditions, the Board of Commissioners shall set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or in the case of a development plan which provides for a development over a period of years the period of time within which applications for final approval of each part thereof shall be filed. Except upon consent of the landowner, the time so established between the grant of preliminary approval and an application for final approval shall not be less than three months and in case of developments over a period of years the time between application for final approval of each part of a plan shall be not less than 12 months.
(9)
Status of plan after preliminary approval:
(A)
The official written communication provided for in § 350-32(j)(7) of this chapter shall be certified by the Secretary of the Board of Commissioners and shall be filed in his office and a certified copy shall be mailed to the landowner. Where preliminary approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(B)
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given preliminary approval with conditions which have been accepted by the applicant (and provided that the applicant has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or evoked nor otherwise impaired by action of the Board of Commissioners pending an application or applications for final approval, without the consent of the applicant provided an application or applications for final approval is filed or in the case of development over a period of years provided applications are filed within the periods of time specified in the official communication granting preliminary approval.
[Amended 3-20-2019 by Ord. No. 1044]
(C)
In the event that a development plan is given preliminary approval and thereafter but prior to final approval the landowner shall elect to abandon said development plan and shall so notify the Board of Commissioners in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times as the case may be, the preliminary approval shall be deemed to be revoked in all that portion of the area included in the development plan for which final approval has not been given shall be subject to the regulations of the South Whitehall Township Zoning Ordinance as they may be amended from time to time and same shall be noted on the Zoning Map and in the records of the Secretary of South Whitehall Township.
(10)
Preliminary (tentative) plan submission and drawing requirements submission requirements. Submission procedure shall be governed by § 312-11.
(A)
Required documentation shall include but not be limited to materials illustrating the following information:
(i)
The nature of the landowners' interest in the planned residential development.
(ii)
The proposed land use areas within the PRD distinguishing between types of residential, nonresidential and other uses.
(iii)
The land use density of each land use within the PRD and the average gross residential density for the entire planned residential development.
(iv)
The use and approximate height, bulk and location of buildings and other structures.
(v)
The feasibility of proposals for sanitary sewerage, water supply and stormwater disposition systems.
(vi)
The substance of covenants, grant of easements or other restrictions to be imposed upon the use of land, buildings, and structures including proposed grants and/or easements for common open space areas and public utilities and the legal form of provision thereof.
(vii)
In the case of plans which call for development in stages of sketch showing the approximate time within which applications for final approval of each stage of the planned residential development are intended to be filed and the approximate number of dwelling units, types of dwelling units and gross residential density for each type of dwelling unit the plan for each stage schedule shall be updated on the anniversary of submission for tentative approval.
(viii)
Accurate dimensions of common open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. For common open space areas to be developed the exact location of structures and common open space areas will be illustrated.
(ix)
Architectural drawings illustrating exterior and interior design of typical dwelling units of each type and nonresidential structures to be constructed.
(12)
Final plan submission procedure: An application for final approval may be for all the land included in the development plan or to the extent net forth in the preliminary approval a section thereof. Said application shall be made to the Board of Commissioners and within the time or times specified by the official written communication granting preliminary approval. If the application for final approval is in compliance with the preliminary approved development plan, a public hearing need not be held. Unless otherwise specified, the submission procedure for final plans shall be governed by § 312-13.
(13)
Final plan submission and drawing requirements: Submission requirements shall be governed by § 312-14.
(14)
Procedures after application for final approval: In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this section and the official written communication of preliminary approval, the Board of Commissioners shall, within 30 days of such filing, grant such development plan final approval. In the event the development plan as submitted contains variations from the development plan given preliminary approval, the Board of Commissioners may refuse to grant final approval and shall, within 30 days from the filing of the application or final approval, to advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
(A)
Refile his application for final approval without the variations objected.
(B)
File a written request with the Board of Commissioners that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this section for public hearings on applications for preliminary approval. Within 30 days after the conclusion of the hearing, the official review agency shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this section.
(15)
A development plan or any part thereof which has been given final approval shall be so certified without delay by the Board of Commissioners and shall be filed on record within 30 days after final approval has been granted in the office of the County Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the Zoning and Subdivision Regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a period of two years of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the Pennsylvanian Municipalities Planning Code and post financial security in accordance with Section 509 of the Pennsylvanian Municipalities Planning Code.
(16)
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body in writing, or, in the event the landowner shall fail to commence and carry out the planned residential development or of that part thereof, within a period of two years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to the South Whitehall Township Zoning Ordinance in the manner prescribed for ouch amendments in the South Whitehall Township Zoning Ordinance.
(k)
Administration.
(1)
Modification of provision of the plan: To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise shall be subject to the followings provisions:
(A)
The provisions of the development plan relating to:
(i)
The use, bulk, and location of buildings and structures;
(ii)
The quantity and location of common space, except as otherwise provided in this chapter; and
(iii)
The intensity of the use or the density of residential units, shall run in favor of South Whitehall Township and shall be enforceable in law or in equity of South Whitehall Township, without limitation on any powers of regulations otherwise granted South Whitehall Township by law.
(B)
All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said resident acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
(C)
All those provisions of the development plan authorized, to be enforced by South Whitehall Township under this section may be modified, removed, or released by South Whitehall Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(i)
No such modification, removal or release of the provisions of the development plan by South Whitehall Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section;
(ii)
No modification, removal or release of the provisions of the development plan by South Whitehall Township shall be permitted except upon a finding by the South Whitehall Township Board of Commissioners or its designated agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this section that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
(D)
Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan but no such action shall affect the right of South Whitehall Township to enforce the provisions of the development plan in accordance with the provisions of this section.
(2)
Appeals, violations and penalties.
(A)
Any person, partnership or corporation, who or which has violated the planned residential development provisions of any ordinance enacted under this section or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the appropriate rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over the Township whose ordinance has been violated.
(B)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
§ 350-33 Planned Innovation, Research, and Technology (PIRT) District
[Added 10-15-2025 by Ord. No. 1103]
(a)
Short title. This section shall be known and may be cited as the Planned Innovation, Research, and Technology District (PIRT District).
(b)
Purpose and intent. In addition to the goals stated in § 350-02, Purposes, of this chapter, it is the purpose and intent of the PIRT District to:
(1)
Provide a controlled and protected environment for the orderly growth and development of research and technology-related businesses within a campus-like setting.
(2)
Provide an option for new, technologically centered industrial uses that place minimal impact on the surrounding transportation network.
(3)
Provide opportunities for South Whitehall Township to grow its economic base while appropriately buffering industrial uses from public roadways and non-industrial land uses.
(c)
Applicability.
(1)
The provisions of this section shall govern the permitted uses, dimensional standards, and design criteria for any proposed project submitted as part of the Planned Innovation, Research, and Technology District (PIRT District). Except as otherwise provided in this section, provisions contained in the Zoning Ordinance shall apply to development within the PIRT District.
(A)
Any proposed development in the PIRT District shall be subject to the requirements as established in this section and the procedures and development standards as established in Chapter 312, Subdivision and Land Development, except where specified.
(B)
Site design and architectural standards for projects in the PIRT District shall follow those specified in §§ 350-33(f)(2) or 350-33(g)(2). Graphical depictions and guidance for these standards are provided in Appendix D: Planned Innovation, Research, and Technology (PIRT) District Design Guidelines.[1] Compliance with these standards shall be approved by the Township, prior to the issuance of any Zoning Certificate of Use.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
(C)
All projects submitted as part of the PIRT District shall require an owner's consent opting into the Planned Innovation, Research, and Technology (PIRT) District as a condition of land development meeting the following requirements:
(i)
The owner's consent shall be a notarized written statement to the Board of Commissioners, which is signed by the property owner of record of the lot and the developer if the developer is not the property owner of record, consenting to the application of the provisions of § 350-33 and which shall be in a form prepared by the Township Solicitor and shall be recorded in the Lehigh County Clerk of Judicial Records, Recorder of Deeds Division.
(d)
(e)
Permitted Accessory Uses.
(1)
The following uses as defined in Chapter 350, Article 4, Zoning Use Regulations, are permitted as accessory uses in the PIRT District:
(A)
Communication facility, cellular.
(B)
Communication facility, radio and television (Non-Residential).
(C)
Geoexchange energy systems.
(D)
Solar energy facility.
(E)
Solar energy systems, nonresidential.
(F)
Utility support facility.
(G)
Wind energy facility.
(H)
Wind energy systems, small free-standing.
(I)
Wind energy systems, small roof-mounted.
(f)
General Regulations.
(1)
Dimensional standards. All permitted uses in the PIRT District shall follow the dimensional requirements in the table below. Dimensional requirements for special use types shall follow those specified in § 350-33(g).
PIRT District Dimensional Standards | |
|---|---|
Minimum lot size | 2.5 acres |
Minimum lot width | 100' |
Max. Building Height (Principal Structures) | 40' |
Max. Impervious Coverage | 75% |
Max. Building Coverage | 65% |
Setbacks: Primary Use | |
From Existing Public Roads (Front or Side) | 200' |
From New Public Roads (Front or Side)* | 50' |
From Industrial Uses (Front or Side) | 50' |
From All Other Uses (Front or Side) | 200' |
Setbacks: Accessory Use | |
From Existing Public Roads (Front or Side) | 150' |
From New Public Roads (Front or Side)* | 50' |
From Industrial Uses (Front or Side) | 25' |
From All Other Uses (Front or Side) | 100' |
Note: | |
|---|---|
* | Public roads constructed as part of a development in the PIRT District shall be considered New Public Roads. |
(2)
Design standards. All permitted uses in the PIRT District shall follow the architectural and design standards specified below. Graphical depictions and guidance on these standards are provided in Appendix D: Planned Innovation, Research, and Technology (PIRT) District Design Guidelines.[2] Compliance with these standards shall be approved by the Township, prior to the issuance of any Zoning Certificate of Use.
(A)
Pedestrian Zone.
(i)
Purpose. The pedestrian zone is intended to provide safe and enjoyable pedestrian circulation along public road frontages.
(ii)
Location. The pedestrian zone shall be located on the property, parallel to all public road frontages between an intersection and another intersection or a property line. The pedestrian zone shall encompass the first 20 feet of the property starting at the ultimate right-of-way and extending into the center of the property. The pedestrian zone shall be allowed within the required setback area.
(iii)
Shade trees. Shade trees shall be required to be planted within the pedestrian zone between the road and the trail/walkway following the provisions of § 312-40 of the Subdivision and Land Development Ordinance. This requirement shall nullify the requirement to plant shade trees within the public right-of-way.
(iv)
Trail/walkway. A minimum 10-foot wide pedestrian trail/walkway shall be constructed in the pedestrian zone between the row of shade trees and fence row. The trail/walkway shall be constructed in accordance with the latest version of the Township's standard construction documents. A public access easement shall be dedicated to the Township, granting public use of the trail/walkway on private property. This trail/walkway shall satisfy any sidewalk requirements in the Subdivision and Land Development Ordinance.
(v)
Fencing. White split rail or horse rail fencing shall be constructed parallel to the trail/walkway as a visual barrier between the pedestrian zone and buffer zone. Chain link, mesh, or chicken wire shall not be permitted in the pedestrian zone.
(B)
Buffer zone.
(i)
A minimum 50-foot-wide buffer zone shall be established and maintained along all lot lines between dissimilar types of uses (i.e., residential, commercial, or institutional).
(ii)
The buffer zone shall be allowed within the required setback area.
(iii)
Openings for driveways and Township-required access drives shall be permitted to cross buffer zones in a perpendicular direction. Plantings in the buffer zone shall be located as to not obstruct vision for traffic entering and leaving the site and shall be subject to the clear site triangle requirements of the Township Code.
(iv)
Buffer zones shall consist of a combination of dense hedges, evergreens, and shrubbery designed to provide visual screening year-round between dissimilar uses. Trees shall be at least six feet in height at planting and spaced close together to provide screening but still ensure long-term survival.
(v)
Buffer zones shall be indicated on a Landscape Plan and reviewed by the Township Landscape and Shade Tree Commission.
(vi)
Existing vegetation may supplement required plantings if recommended by the Township Landscape and Shade Tree Commission.
(C)
Facades.
(i)
Primary facade: The primary facade refers to the main exterior or wall of a building that faces a public road or public thoroughfare.
(ii)
Primary facades shall include a visual vertical break at least every 75 linear feet.
(iii)
Buildings with multiple primary facades shall utilize consistent architectural treatments, styles, materials, colors, and details.
(iv)
Primary facades shall have a defined base and cap, with a change in material, color, and/or projection to distinguish it from the main body of the facade.
(v)
Main building entries located on primary facades shall either project or recess from the facade plane or feature a change in building material.
(D)
Site design and screening.
(i)
All ground-mounted mechanical, electrical, and/or plumbing equipment, HVAC systems, power generation, and the like, shall be located behind the buffer zone as to not be visible from a public road.
(ii)
Equipment that cannot be hidden behind the Primary Facade shall be screened from public roads through the use of vegetation, fences, walls, topography, or any combination of these elements.
(iii)
Loading docks, dumpsters, waste facilities and/or utilities shall not be located on primary facades or directly visible from public roads.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
(g)
Special Use Type — Data Center. Data centers are permitted by right as part of the PIRT District in accordance with the following standards.
(1)
Dimensional standards:
Data Center Dimensional Standards — PIRT District | |
|---|---|
Minimum lot size | 10 acres |
Minimum lot width | 200' |
Max. Building Footprint | 500,000 sf |
Max. Building Height (Principal Structures)* | 50' |
Max. Building Height (Accessory Structures) | 35' |
Max. Impervious Coverage | 75% |
Max. Building Coverage | 65% |
Front/Side Setbacks: Principal Structure(s) | |
From Existing Public Roads (Front or Side) | 350' |
From New Public Roads (Front or Side)** | 150' |
From Industrial Uses (Front or Side) | 50' |
From all Other Uses (Front or Side) | 350' |
Front/Side Setbacks: Accessory Structure(s) | |
From Existing Public Roads (Front or Side) | 200' |
From New Roads (Front or Side)** | 50' |
From Industrial Uses (Front or Side) | 25' |
From All Other Uses (Front or Side) | 200' |
Front/Side Setbacks: Ancillary Equipment (Ground-Mounted) | |
From Existing Public Roads (Front or Side) | 200' |
From New Public Roads (Front or Side)** | 50' |
From Industrial Uses (Front or Side) | 25' |
From All Other Uses (Front or Side) | 200' |
Notes: | |
|---|---|
* | Rooftop structures considered Ancillary Equipment may exceed the 50' height limitation subject to the provisions of § 350-42(h). |
** | Public roads constructed as part of a development in the PIRT District shall be considered New Public Roads. |
(2)
Design standards. All Data Centers in the PIRT District shall follow the architectural and design standards specified below. Graphical depictions and guidance on these standards are provided in Appendix D: Planned Innovation, Research, and Technology (PIRT) District Design Guidelines.[3] Compliance with these standards shall be approved by the Township, prior to the issuance of any Zoning Certificate of Use.
(A)
Pedestrian zone: Data centers shall be required to include a Pedestrian zone according to the provisions of § 350-33(f)(2)(a).
(B)
Transition zone:
(i)
Purpose. The transition zone is intended to preserve existing viewsheds, farmland, natural landscapes, and/or to provide pollinator habitat between the Pedestrian Zone and the buffer zone. The transition zone shall prioritize preserving existing farmland wherever possible.
(ii)
Location. Between the pedestrian zone and the buffer zone. In instances where the space between the pedestrian zone and the buffer zone is less than 100', a transition zone shall not be required and the applicant shall follow the landscaping requirements in § 350-33(g)(2)(B)(iii).
(iii)
Landscaping requirements.
[1]
Where preserving farmland is not possible, the transition zone shall be designed as a Managed Natural Area as identified in the 2024 South Whitehall Landscapes plan and adhering to the following guidelines:
[a]
Intentionally designed or improved to enhance or maintain wildlife habitat, water quality, and/or biodiversity.
[b]
Landscaping shall be designed in a way to maintain natural resources and provide visual aesthetics from the pedestrian zone, i.e., wildflower meadows, grasslands, woodlands, constructed wetlands, or natural stormwater management systems.
[c]
Plant material shall consist of diverse species native to Pennsylvania.
[d]
A landscape plan shall be prepared by a Registered Landscape Architect (RLA) and submitted for review by the Township Landscape and Shade Tree Commission.
(C)
Buffer zones:
(i)
Purpose. The buffer zone is intended to provide a visual screen and auditory buffer between the principal structures and the property line and public roadways.
(ii)
Location. Between the build-to line (or edge of setback) and either the transition zone, pedestrian zone, or property line, whichever is closer.
(iii)
Buffer zone Option A — Landscaping. Where space allows, a landscaped buffer shall be required to screen the nearest principal structure from the pedestrian zone or the property line where a pedestrian zone is not required. The landscaped buffer shall provide a visual barrier of at least 18 feet higher than the elevation of either the pedestrian zone or property line through one of the following ways:
[1]
Existing topography and vegetation subject to the approval of the Township Landscape and Shade Tree Commission.
[2]
Combination of an earthen berm and dense vegetation planted on top and the front face of the berm, with the cumulative height of both the berm and vegetation being at least 18 feet or higher. For example, a six-foot tree planted on a 12-foot berm or an eight-foot tree planted on a 10 foot berm.
[3]
Dense vegetation planted without a berm if natural topography or the size of the vegetation at planting provides a visual barrier of at least 18 feet.
[4]
Landscaping requirements.
[a]
A landscape plan, prepared by a Registered Landscape Architect (RLA), shall be submitted to the Township Landscape and Shade Tree Commission for review and approval.
[b]
All new plant material shall be of nursery stock and grown under the same climatic conditions at the development site within the appropriate hardiness zone.
[c]
Evergreens. Two staggered rows of evergreen trees at least six feet in height at time of installation shall be planted, either on top of the berm or at the rear of the buffer zone if a berm is not required. Rows shall be offset in order to achieve maximum visual screening and trees within a row shall be spaced at an interval of one tree per 15 feet or less.
[d]
Canopy trees. Canopy trees shall be planted interspersed along the front face of the berm or in front of the evergreens if a berm is not required.
[e]
Ornamental trees. Ornamental or "flowering" trees shall be planted between the canopy trees and either the pedestrian zone or the property line. Trees shall be at least two inches in caliper when planted and spaced at an interval of one tree per 40 feet, either in a row or staggered.
[f]
Shrubs. Shrubs shall be dispersed throughout the landscaped buffer to break up the visual plan. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% being evergreen.
(iv)
Buffer zone Option B — Retaining wall. Where space is limited between either the property line or pedestrian zone and the principal structure, retaining walls may be utilized under the following guidelines:
[1]
Retaining walls shall be located as close to the pedestrian zone or property line as possible.
[2]
A decorative split rail or horse rail fence shall be erected at the top of the retaining wall.
[3]
Dense evergreens or shrubs shall be planted behind the split rail fence as vegetative screening.
[4]
The combination of retaining wall and vegetative screening shall cover at least 18 feet above the elevation of either the adjacent pedestrian zone or property line.
(D)
Perimeter fences and walls.
(i)
Security fencing. Security fences and associated infrastructure shall be permitted within the building setback behind the buffer zones.
[1]
Security fencing shall be a maximum of eight feet high and made of dark metal material. Portions of fence that are visible from a public road (i.e. near the entrance gate to the facility) shall not include barbed wire or razor wire.
(ii)
Security/perimeter walls. In lieu of or in addition to security fencing, solid security/perimeter walls shall be permitted.
[1]
Security/perimeter walls visible from public roads or thoroughfares shall be constructed of either stone or masonry.
(iii)
Entrance gates visible from a public road shall not include barbed wire or razor wire.
(E)
Facades.
(i)
Primary facade: The primary facade refers to the main exterior or wall of a building that faces a public road, public thoroughfare, or dissimilar land use (i.e., residential, commercial, etc.).
(ii)
Primary facades shall include a visual vertical break at least every 150 linear feet.
(iii)
Primary facades shall have a defined base and cap, with a change in material, color, and/or projection to distinguish it from the main body of the facade.
(iv)
The roof edge on a primary facade shall include a decorative roof parapet of at least 42 inches in height to help visually screen rooftop equipment. Decorative roof parapets shall be exempt from the maximum building height specified in the dimensional table.
(v)
Main building entries located on primary facades shall either project or recess from the facade plane or feature a change in building material.
(vi)
Buildings with multiple primary facades shall utilize consistent architectural treatments, styles, materials, colors, and details.
(F)
Site design.
(i)
All ground-level ancillary equipment shall be located behind the buffer zone as to not be visible from a public road or thoroughfare.
(ii)
Any ground level ancillary equipment (including substations) that cannot be hidden behind the buffer zone shall be screened from public roads or thoroughfares through the use of a vegetative buffer or screen wall.
[1]
Buffer requirements. Dense evergreens shall be planted in a manner that provides eight feet or higher screening around three sides of the ancillary equipment.
[2]
Screen wall requirements. Decorative screen walls of either a natural material or made to look like a natural material shall be erected in a manner that provides eight feet or higher screening around three sides of the ancillary equipment.
(iii)
Loading docks, dumpsters, waste facilities, and/or utilities shall be located behind the buffer zone.
(iv)
Any rooftop mechanical equipment, including, but not limited to condensers, generators, and/or cooling equipment shall be visually screened using a solid or louvered sound wall containing soundproofing materials designed to absorb noise. Rooftop sound walls shall incorporate consistent styles and/or colors of the primary facade. Rooftop sound walls shall be reviewed as ancillary equipment when considering height limitations.
(v)
Data center lighting standards.
[1]
Lighting installed for outdoor use shall not emit more than the recommended standard established in the current Illuminating Engineering Society (IES) Handbook.
[2]
Luminaires emitting more than 1,000 lumens shall be fully shielded and shall not emit more than 5% of their total lumen output above 80 degrees from nadir.
[3]
Along property lines facing non-industrial uses, the illumination level emitted from the data center (i.e., light trespass) shall not exceed 0.05 horizontal footcandle beyond the buffer zone.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
(3)
Noise control.
(A)
Average continuous noise generated by a data center under the PIRT (including principal structures, accessory structures, and/or ancillary equipment) during normal operations shall be limited to maximum decibels levels at the property line in accordance with the following table:
Maximum Continuous Noise Levels at Property Line* | |
|---|---|
Facing Residential/Commercial/Institutional Uses | Facing Industrial Uses |
57db | 67db |
Note: | |
|---|---|
* | Measured as the average dB over a 24-hour period |
(i)
These restrictions shall not apply to intermittent noise or impulsive noise from either routine maintenance or emergency situations.
(B)
Routine maintenance in the form of backup generator testing shall be limited to Monday through Friday between the hours of 9:00 AM and 5:00 PM, excluding any recognized federal holidays. Testing of backup generators shall occur in cycles, only allowing for up to 25% of the backup generators to be running at one time.
(C)
Upon submission of a Land Development Application, the applicant shall provide a Pre-Construction Noise Study to be reviewed by Township staff and any Township Boards/Commissions/Councils or consultants deemed necessary to review and comment. The Pre-Construction Noise Study shall be prepared by a licensed professional engineer, specializing in acoustics or an engineer Board Certified by the Institute of Noise Control Engineers. The Noise Study shall use best practices and predictive acoustic modeling including sound source location and directivity, and barrier effects of building and topography, to provide the following information:
(i)
Description and measurements of existing ambient noise at a minimum of three locations at the property line. Existing ambient noise measurements shall be described and identified as the average decibel (dB) at each location over a 24-hour period.
(ii)
Identification of noise-sensitive locations within 500 feet of the property boundary (i.e., schools, hospitals, residential areas).
(iii)
Modeled expected continuous noise generated from all principal structures, accessory structures, and ancillary equipment at full operational load.
(iv)
Modeled expected maximum intermittent noise generated from standard equipment testing and maintenance, including testing of backup generators in one 25% cycle.
(v)
Modeled expected maximum impulsive noise generated from emergency situations (i.e., the use of all backup generators, alarms, etc.)
(vi)
Identification of specific mitigation strategies to reduce or maintain continuous noise levels in accordance with the maximum permissible noise levels in the above table. (i.e., sound dampening, equipment location, operational adjustments, etc.).
(vii)
A statement on the anticipated impact of low frequency noise on any surrounding noise-sensitive locations.
(D)
All ancillary equipment (either ground-mounted or roof-mounted) shall be enclosed on at least three sides by sound/vibration dampening walls. These walls may also serve as a visual barrier to comply with § 350-33(g)(2)(F).
(E)
Prior to land development approval, the applicant shall provide a post-construction noise monitoring plan that shall demonstrate the data center's compliance with the maximum average continuous noise levels permitted at the property line. Said plan shall be reviewed by the Township and terms of the monitoring shall be agreed upon as conditions of the land development approval.
(4)
Community and Environmental Impact Statement.
(A)
Upon submission of a Land Development Application, the applicant shall provide a Community and Environmental Impact Statement to be reviewed by Township staff and any Township Boards/Commissions/Councils or consultants deemed necessary. The statement shall include:
(i)
A narrative description of the nature of the proposed on-site activities and operations, anticipated hours of operations, anticipated frequencies and types of vehicle trips generated, and anticipated types of materials/equipment stored on site. Information obtained from any required Transportation Impact Statements/Analyses may be summarized here.