Article 17A
Coordinated Mixed Use Overlay

§14-1751 Purpose.

The regulations of the Coordinated Mixed Use Overlay District are designed to provide for a controlled development opportunity for land located in the southern portion of the Borough where the land does not consist of prime agricultural soils; public water and sewer service, access to major traffic routes, and accessibility to existing lake for recreational purposes are available; and prior mining land uses had disturbed the majority of the land within the Coordinated Mixed Use Overlay. The types of land uses that could be located within the Coordinated Mixed Use Overlay range from various densities of residential development to a mixed use residential/commercial/recreational-commercial master planned community. Design standards have been imposed to moderate any objectionable impacts associated with different land uses.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1752 Permitted Uses.

A CMU development on a CMU development tract containing not less than 500 gross acres comprising a mixture of residential, recreational, and commercial uses shall be the only permitted use if a landowner elects to proceed under this Article. All lands located within the Coordinated Mixed Use Overlay may be developed in accordance with the base zoning district provided, however, that any land included in an approved tentative plan for a CMU development may be developed only in accordance with the approved tentative plan.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1753 Coordinated Mixed Use Overlay Guidelines and Procedures.

1.    Applicability. The provisions of this Article are a furtherance of the land use and development controls of land in the Borough. It is the intent of this Article to utilize Article VII, Planned Residential Development, of the MPC to address the unique planning and development issues of large tracts of land.

2.    Basis for Consideration. Approval of a CMU development by Borough Council shall not be construed under the provisions of this Chapter to mean that the developer of a CMU development can by right merely meet the standards set herein. These standards and requirements are minimums only and may be modified, or more stringent standards may be applied by the Borough Council to protect the health safety and welfare of the citizens of the Borough. Applicants under this Article are encouraged to propose innovative and flexible development plans that contribute to the quality of life in the community through a variety of well-planned land uses and amenities.

3.    Jurisdiction of Borough Council. The administration of the procedures concerning the application for and approval of the CMU development tentative plan and final plan shall be vested solely in the Borough Council.

4.    Application Procedure. An applicant for approval of a CMU development shall follow all procedures set forth in §§14-1703.4 through 14-1703.7 of this Chapter. In interpreting §§14-1703.4 through 14-1703.7 for this purpose, the phrase “planned development” shall be replaced with the phrase “CMU development.” A tentative plan application for a CMU development shall, in addition to all plans and information required by §14-1703.6, include the following:

A.    Calculation of the percentages of the uses proposed within the CMU development to demonstrate compliance with §14-1754.B of this Chapter.

B.    A pedestrian circulation plan, including the location and width of sidewalks and pedestrian pathways throughout the CMU development.

C.    A master landscaping plan.

D.    A traffic control plan showing proposed traffic controls and locations and types of traffic control signage.

E.    Details for guide rails and guard rails, together with identification of the proposed locations for each type of guide rail and guard rail.

F.    Details for curbs, together with identification of the proposed locations for each type of curb.

G.    Details for roadway materials, together with identification of the proposed locations for each type of roadway material.

H.    Lighting plan when applicant does not propose lighting in accordance with Subdivision and Land Development Ordinance [Chapter 13] requirements.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1754 Uses in a Coordinated Mixed Use Development.

The following uses are permitted in a CMU development, subject to all the applicable development standards and requirements. A CMU development shall contain a mix of residential, recreational, and commercial uses and may additionally contain public and semi-public uses. Not less than 40 percent of the gross area of the CMU development tract shall be devoted to open space; not less than 40 percent of the gross area of the CMU development tract shall be devoted to residential development; not less than 5 percent of the gross area of the CMU development tract shall be devoted to recreational and/or commercial uses.

A.    Residential Uses.

(1)    Single-family detached dwellings.

(2)    Single-family semidetached dwellings.

(3)    Duplex dwellings.

(4)    Townhouse dwellings.

(5)    Apartment dwellings.

B.    Public and Semipublic Uses and Structures.

(1)    Community clubs.

(2)    Community facilities such as police and fire protection facilities, museums, libraries, etc.

(3)    Day care facilities.

(4)    Churches and related uses.

(5)    Municipal buildings.

C.    Recreation and Recreational-Commercial Uses and Structures.

(1)    Parks.

(2)    Swimming, health/fitness and/or tennis clubs, spas, wellness centers.

(3)    Hotels/motels with capacity not exceeding 300 rooms, with associated food service, meeting rooms, conference centers, entertainment, and related recreational amenities.

(4)    Indoor water parks not exceeding 60,000 square feet of floor area.

(5)    Guest cottages affiliated with the hotel/motel and/or indoor waterpark, which are situated in close proximity to those uses, and which are intended to be operated as rental units as a segment of the hotel/motel operation or as a condominium association which will share the common amenities of the hotel/motel and indoor water park and which are intended to primarily serve a transient population.

(6)    Marinas for boats and watercraft; public and private boats docks; boat storage buildings and associated equipment and facilities.

(7)    Water related recreational uses of existing ponds and lakes.

(8)    Jogging, walking, bicycle and golf cart pathways, storage buildings, and rental facilities.

(9)    Ice skating facilities.

D.    Commercial Uses.

(1)    Banks and other financial institutions, including drive-through banking facilities.

(2)    Business and professional offices.

(3)    Personal services shops including barbershops, beauty parlors, tailors, shoe repair, dry cleaning (excluding dry cleaning plants), florists, etc. Each individual building may contain a single or multiple uses with ground floor area in the range of 6,000 square feet to 15,000 square feet.

(4)    Commercial/retail villages comprised of multiple buildings in a coordinated village type setting, each with ground floor areas in the range of 6,000 square feet to 15,000 square feet.

(5)    Sit down restaurants, tearooms, cafes, and other places serving food and drink, but not including drive-in, drive through or fast food restaurants.

(6)    Convenience stores excluding automotive fuel sales which shall not exceed 7,500 square feet of floor area.

(7)    Bed and breakfast establishments (guest homes).

(8)    Employee/executive retreats and training centers.

(9)    Indoor, live theaters–limited to a seating capacity of 1,000 or less.

(10)    Indoor, single-screen movie theaters–limited to a seating capacity of 1,000 or less.

(11)    Bowling alleys.

(12)    Medical and dental clinics and health campuses.

(13)    Specialty shops for custom work and articles to be sold at retail on the premises, such as baking, confectionary, dressmaking, printing and similar shops and services, provided, however, that no such use shall exceed 15,000 square feet of floor area.

(14)    Food store, which shall not exceed 25,000 square feet of floor area.

E.    Industrial Uses.

(1)    Crushing of existing rock on site specifically for temporary, non-commercial use for construction of roadways, parking lots and site improvements which are an integral part of the CMU development. This use shall cease at the time when construction of the site work for the CMU development is completed.

(a)    All rock crushing shall comply with the comprehensive settlement agreement among the Borough, Sheridan Corporation and Haines and Kibblehouse, Inc., dated as of April 12, 1999. Rock crushing on Parcel #1, Tract #2 of Deed Book 2123, Page 4620 of Tax Map Parcel #2348414340411, shall cease before any development, including construction of an access road to Route 322, can take place on this site.

(b)    All rock crushing shall be specifically limited to the purpose of producing material to be used for construction of roadways, parking lots and other on-site improvements within the CMU development tract.

(c)    Crushing of existing rock for non-commercial use for construction of roadways, parking lots and site improvements associated with the construction of the CMU development is permitted on other parcels within the CMU development tract. Such rock crushing operations shall comply with the dust and noise provisions of the comprehensive settlement agreement identified in clause (a).

(d)    All crushing of existing rock on the parcels within the CMU development tract shall be situated at least 500 feet from any residential dwelling existing on the effective date of this Section.

(2)    Non-commercial fabrication and manufacture of building components to be used in the construction of the buildings which are an integral part of the CMU development, such as, but not limited to, roof trusses, cabinetry, or building wall panels. This shall cease at the time when construction of buildings in the CMU development is completed.

F.    Accessory Uses.

(1)    Home occupations and home businesses in accordance with the standards set forth in §14-2612 of this Chapter.

(2)    Accessory uses, buildings or structures for all other nonresidential uses.

(3)    All CMU development accessory uses and structures shall comply with the accessory use and structure regulations of §§14-2202 and 14-2203 of this Chapter.

G.    Prohibited Uses in a CMU Development.

(1)    Drive-in, drive through or fast food restaurants.

(2)    Taxi and bus passenger stations, and transfer trucking facilities.

(3)    Mortuary and undertaking establishments.

(4)    Amusement enterprises such as megaplex movie theaters, arenas, racetracks, off-track betting facilities, casinos and other similar recreation or entertainment establishments.

(5)    Nurseries and commercial greenhouses.

(6)    Shops for contractors, plumbers, heating, air conditioning/cooling, painting and upholstering specialists.

(7)    Automobile dealers and automobile washes.

(8)    Gasoline stations and repair garages.

(9)    Automobile body shops.

(10)    Communication facilities requiring transmission antennas, radio or television stations.

(11)    Manufacturing or storage uses which, because of their shipping, storage and other requirements, should not be located in close proximity to residential areas.

(12)    Adult oriented businesses.

(13)    Fossil fuel motorized boats, except for life saving and maintenance vessels which will be utilized on infrequent basis.

(14)    Big box commercial or retail buildings larger than 25,000 square feet of floor area.

(15)    More than one commercial or retail buildings larger than 15,000 but less than 25,000 square feet of floor area.

(16)    Uses similar to the above listed uses.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1755 Coordinated Mixed Use Development Design Requirements.

Except as specifically superseded in this Article 17A, the provisions of Article 5, Design Standards, and Article 6, Construction of Required Improvements and Dedication, of the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13] shall apply to the design and construction of all CMU developments.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1756 Common Open Space Requirements for Coordinated Mixed Use Development.

1.    Forty percent of the gross area of the CMU development tract shall be allocated to and shall remain common open space. Common open space within the Floodplain District shall be included within the required common open space; however, the provisions of that district shall apply. Common open space shall be deed restricted to prohibit future subdivision or development, except for agricultural and recreational uses that may be permitted with the approval of Borough Council. The common open space shall be provided in the form of internal open space and peripheral open space.

2.    Internal open spaces shall contain a minimum area of 500 square feet and shall be of a distinct geometric shape (generally rectilinear or square) appropriate for use as a public space. Internal open spaces shall function as traditional urban public space: i.e., park, monumental, public gathering or visual. Internal open spaces shall in general be the focus or be spatially enclosed by the buildings that front on the area or front upon the streets bounding the area.

3.    Common open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, floodplains, wetlands, woodlands, specimen trees and other areas of mature vegetation worthy of preservation may be left unimproved and in a natural state. As a general principle, the use and disturbance of natural features shall comply with the regulations established in Article 20, Environmental Overlay District. To the greatest extent possible, common open space shall include all environmentally sensitive areas, including areas with non man-made slopes greater than 15 percent, 100-year floodplains, wetlands, areas of seasonally high water, and other such critical areas. Existing man-made features may be preserved through incorporation in common open space.

4.    Peripheral open space areas may be used for public and semipublic recreation purposes with the approval of the Borough Council as part of the tentative plan approval.

5.    Recreational facilities shall be required to serve the anticipated needs of the residents of the CMU development, taking into account the anticipated characteristics and demographic profile of the CMU development’s population, the recreational facilities available in neighboring developments, and the relevant provisions regarding recreational facilities contained in the comprehensive plan.

6.    The buildings, structures and improvements permitted in the common open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.

7.    The phasing plan of the CMU development shall coordinate the improvement of the common open space with the construction of dwellings. At no time in the development of various phases of the CMU development may the total area of common open space in the phases developed be less than 25 percent of the gross area of the developed lands unless additional areas to produce the required percentage are permanently reserved as common open space on the remaining land of the total development. The location or size of this reserved common open space on remaining land may be altered or changed upon the approval and recording of the final plan of an additional phase of the CMU development.

8.    The ownership, administration and maintenance of common open space shall be in accordance with the requirements of §§14-1703.10.G through 14-1703.10.I. In interpreting §§14-1703.10.G through 14-1703.10.I for this purpose, the phrases “planned development” and “PD” shall be replaced with the phrase “CMU development.”

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1757 Blocks Within a Coordinated Mixed Use Development.

1.    To the greatest extent possible, blocks shall be designed to have a maximum length of 1,200 feet. Alleys shall be permitted to bisect blocks.

2.    Each block shall be designated with a building setback line, which shall establish the front yard setback for the lots on the block. The actual building location shall fall between the minimum and maximum front yard setbacks for the proposed uses. Building locations, lot areas and lot widths shall vary at random to the greatest extent possible, in order to create variation and appropriate human scale in the street scape. A maximum of 5 percent of all lots for single-family detached dwellings may be flag lots.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1758 Streets and Alleys Within and Access to a Coordinated Mixed Use Development.

1.    The street layout shall be adapted to the topography, unique natural features and environmental constraints of the CMU development tract. The street layout shall take into consideration the location of the community focus, other internal open space areas and vistas. A minimum of two interconnections with the existing public street system shall be provided unless the developer proves to the satisfaction of Borough Council that two street intersections are not physically possible or will cause significant detrimental effects to the existing street network. In such case one interconnection may be an emergency access. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where possible.

2.    The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern, however, modified to avoid a monotonous repetition of the basic street/block pattern.

3.    As part of the initial phase of the CMU development, the developer shall provide a full access interconnection to Route 322.

4.    The applicant shall address the provision of safe and convenient access from the existing road network to the CMU development. The applicant shall demonstrate that the road network included in the traffic impact study area providing access to the CMU development can accommodate the volume of traffic reasonably expected to be generated by the proposed CMU development in a safe and convenient manner. If improvements required to provide safe and convenient access to the CMU development tract are not programmed to be completed by the Borough or by the Commonwealth on an approved capital improvements plan, the applicant shall identify whether the applicant will make any improvements necessary to the road network to provide for safe and convenient access to the site and/or whether steps can be taken to provide safe and efficient access including, but not limited to, reduction of the intensity of the proposed development, changes in speed or traffic limitations.

5.    The following shall be the minimum design standards for streets within a CMU development unless the applicant presents evidence acceptable to Borough Council during the tentative plan approval process to demonstrate that the topography of the site prevents strict compliance. These design standards supersede any conflicting provisions of the Subdivision and Land Development Ordinance [Chapter 13].

A.    Arterial or Collector Streets.

(1)    Where no on-street parking is permitted, the minimum cartway width shall be 28 feet with curbing. The applicant shall identify the location of all proposed no parking signs for such streets on the traffic control plan.

(2)    Where on-street parking is permitted on one side of the street, the minimum cartway width shall be 36 feet. The applicant shall identify the location of all proposed permitted on-street parking and all proposed no parking signs for such streets on the traffic control plan.

(3)    Access by private driveways from residential dwellings is not allowed.

(4)    Intersecting streets shall be allowed at the maximum separation distances possible to be conducive to the layout and use of the CMU development tract.

(5)    Sidewalks are not required adjacent to or parallel with the cartway, but shall be installed at locations depicted on a pedestrian circulation plan for the CMU development which shall be approved by Borough Council as part of the tentative plan approval.

(6)    Sidewalks and pedestrian travel ways may be constructed of concrete, asphalt macadam, pavers, bark mulch, or synthetic mulch as will be identified on a pedestrian circulation plan for the CMU development which shall be approved by Borough Council as part of the tentative plan approval.

(7)    Street trees are not required in the road right-of-way; however, trees and shrubbery plantings shall be required at locations depicted on a master landscaping plan for the CMU development which shall be approved by Borough Council as part of the tentative plan approval.

(8)    Guide rail and guard rail, where required by the Borough, may consist of a variety of materials including heavy dimension treated lumber so long as it satisfies the safety requirements of PennDOT.

(9)    The slope of cartways at intersections shall provide for a 4 percent leveling area for a distance of 60 feet from the intersection.

(10)    Curbing material may be concrete, Belgian block, or pre-cast masonry as may be approved by Borough Council as part of the tentative plan approval. Curb style may be straight curb, slant curb, or roll curb.

B.    All Other Streets and Alleys.

(1)    Where no on-street parking is permitted, the minimum cartway width shall be 22 feet where curbing is provided and 30 feet (22 feet wide cartway and two 4-feet shoulders) where no curbing is provided. The applicant shall identify the location of all proposed no parking signs for such streets on the traffic control plan.

(2)    Where on-street parking is proposed on one side of a street, the minimum cartway width shall be increased by 6 feet beyond that required by subsection .5.B(1). The applicant shall identify the location of all proposed permitted on-street parking and all proposed no parking signs for such streets on the traffic control plan.

(3)    Where on-street parking is proposed on two sides of a street, the minimum cartway width shall be increased by 14 feet beyond that required by subsection .5.B(1).

(4)    Where an alley will be restricted to one-way travel, the minimum cartway width shall be 12 feet. Where two way traffic shall be allowed for an alley, the minimum cartway width shall be 16 feet. No on-street parking shall be allowed on any alley. The applicant shall identify the location and direction of travel of all one way alleys and the location of all two-way alleys and the location of all signs concerning direction of traffic for such alleys on the traffic control plan.

(5)    Traffic control sign specifications for private streets and alleys may deviate from PennDOT standards if the signs shall be of a style and at locations as depicted on the traffic control plan.

(6)    There shall be no limitations on maximum or minimum distance of permanent cul-de-sac streets; provided, however, that any cul-de-sac street to be dedicated to the Borough shall meet all PennDOT requirements for Liquid Fuels Tax reimbursement.

(7)    No more than 25 dwellings may be located along a permanent cul-de-sac street.

(8)    The application shall provide snow storage easements acceptable to the Borough Public Works Department on all cul-de-sac streets proposed to be dedicated to the Borough. The applicant shall identify the location of all snow storage easements on the traffic control plan.

(9)    Minimum centerline horizontal curve radius shall be 75 feet.

(10)    Tangents between reverse curves are not required.

(11)    A clear sight triangle of 50 feet shall be provided at all street intersections of two local streets. A clear sight triangle of 75 feet shall be provided at all intersections of a local street with a collector or arterial street.

(12)    The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius of 10 feet. For streets with curbing, the curb shall be depressed for the full length of the arc.

(13)    The slope of the cartway of a local street approaching an intersection controlled by a stop sign shall provide for a 4 percent leveling area for a distance of 60 feet from the intersection. A through local street does not have to have a leveling area at the approach to the intersection.

(14)    Curbing material may be concrete, Belgian block, or pre-cast masonry as may be approved by Borough Council as part of the tentative plan approval. Curb style may be straight curb, slant curb, or roll curb.

(15)    Sidewalks are not required adjacent to or parallel with the cartway, but sidewalks or pedestrian passageways shall be installed at locations depicted on a pedestrian circulation plan for the CMU development which shall be approved by Borough Council as part of the tentative plan approval.

(16)    Sidewalks and pedestrian travel ways may be constructed of concrete, asphalt macadam, pavers, bark mulch, or synthetic mulch as will be identified on the pedestrian circulation plan for the CMU development which shall be approved by Borough Council as part of the tentative plan approval.

(17)    Street trees are not required in the street right-of-way; however trees and shrubbery plantings shall be required at locations depicted on a master landscaping plan for the CMU development which shall be approved by Borough Council as part of the tentative plan approval.

(18)    Guide rail and guard rail, where required by the Borough, may consist of a variety of materials including heavy dimension treated lumber so long as the materials and design of the guard rail satisfies the safety requirements of PennDOT.

(19)    Roadway material of construction may be asphalt macadam, concrete, concrete pavers, or other alternative hard surfaces approved by Borough Council as part of the tentative plan approval.

(20)    Common driveways and shared driveways are allowed provided that an approved agreement executed by all sharing parties shall be recorded in the Office of the Lebanon County Recorder of Deeds.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1759 Residential Development Standards Within a Coordinated Mixed Use Development.

1.    The maximum allowable residential density of the CMU development shall not exceed 1.05 dwelling units per gross acre of the CMU development tract.

2.    A range of dwelling types shall be provided in the CMU development.

A.    The number of single-family detached dwellings, including both large lot and small lot types, shall range from a minimum of 50 percent to a maximum of 90 percent.

B.    Of the dwellings other than single-family detached dwellings, no more than 65 percent shall be the same type of dwelling unit (e.g., semi-attached, duplexes, townhouses, or apartments).

C.    Not less than 65 percent of the dwelling units, which dwelling units shall be identified on the tentative plans for the CMU development and on each final plan for a phase of the CMU development which shall contain such dwelling units, shall meet all of the following criteria:

(1)    The dwelling units be part of a homeowners or unit owners association.

(2)    Each dwelling unit shall be designed to allow two story living (i.e., with a master suite on the first floor in at least 50 percent of the dwelling units), shall have no more than three bedrooms, and shall not exceed 3,000 square feet of floor area.

(3)    Lots containing such dwelling units shall not exceed _ acre.

(4)    Accessory structures including, but not limited to, swing sets, sliding boards sand boxes, and similar play structures; sheds and other accessory buildings; and swimming pools shall be prohibited on such lots.

(5)    The declaration of the homeowners or unit owners association shall prohibit swing sets, sliding boards, sand boxes, and similar play structures; sheds and other accessory buildings and swimming pools on individual lots and shall prohibit the conversion of garages to living space.

(6)    The declaration of the homeowners or unit owners association shall provide for a clubhouse and/or fitness center or similar recreation facility for the use of all residents subject to the homeowners or unit owners declaration. The declaration may also provide for outdoor recreation facilities for the use of all residents, but such recreational facilities shall not include tot lots, playgrounds or similar facilities.

3.    There shall be a setback of not less than 75 feet between residences in the Borough not on the CMU development tract existing on the effective date of this Section and new buildings within the CMU development tract. The portion of such setback within the CMU development tract shall contain existing vegetation, new landscaping and/or a berm, or a combination of any of these features to provide a visual barrier. The setback may contain roads, driveways, utilities, drainage facilities, and other site improvements so long as the visual barrier is provided.

4.    A mix of dwelling unit types shall be distributed throughout the development. The integration of different dwelling unit types is encouraged, and different types of dwelling units may be mixed in any distribution within any single block if desired.

5.    Buildings containing dwelling units shall be designed to vary in appearance. Building designs shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, front entrance and porch locations. Architectural guidelines shall be established to insure high quality design and compatibility throughout the neighborhoods. These guidelines will address issues such as color, materials and architectural details, and others as deemed appropriate.

6.    Non-garage kept vehicle parking for all dwellings shall be permitted in front yard set-backs where adequately landscaped and where special paving materials are utilized, subject to approval by the Borough.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1760 Commercial Development Within a Coordinated Mixed Use Development.

1.    The density of commercial development shall not exceed 320 square feet of floor area per gross acre of the CMU development tract.

2.    The commercial component shall consist of a minimum of commercial uses primarily oriented to serve both the residents of the CMU development and residents of the immediately surrounding community. The remaining commercial uses may consist of any permitted commercial uses, including other types of retail and service uses.

3.    Commercial uses may be contained in multistory, mixed-use structures with commercial uses on the ground level and apartment dwellings on the upper levels. Such buildings contained within any neighborhood shall vary in terms of footprint and architectural elevations. Storefront commercial buildings shall be designed to coordinate with the scale and character of the street scape upon which it fronts. Contemporary commercial structures shall be detached and visually separated from the village street scape.

4.    Restaurant uses shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way, and in courtyards, provided pedestrian circulation or access to store entrances shall not be impaired. The following standards and guidelines are applicable:

A.    To allow for pedestrian circulation, a minimum of 5 feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables or other encumbrances.

B.    Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.

C.    Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.

D.    Outdoor cafes shall be required to provide additional outdoor trash receptacles.

E.    Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

5.    All commercial uses shall provide off-street parking at the ratio of one space per 250 square feet of gross floor area subject to approval by the Borough. For storefront commercial and commercial-village uses, on street parking shall be provided as a supplement to off-street parking facilities to serve customers of those uses. The minimum requirement for on-street parking shall be one curbside space for each 2,000 square feet of gross floor area of storefront commercial uses. Where the minimum on-street parking requirement cannot be completely complied with, the deficient number of spaces shall be provided in off-street parking lots. Commercial on-street parking shall be provided as curbside parallel or angle parking located along both sides of the streets on all blocks upon which commercial uses front.

6.    Parking Lot Landscaping, Buffering and Screening.

A.    Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare onto adjacent properties.

B.    The interior of all parking lots shall be landscaped to provide shade and visual relief. Parking lots with 10 spaces or less may not require interior landscaping if the applicant demonstrates to Borough Council that there is adequate perimeter landscaping.

C.    Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate.

D.    Parking lot layout, landscaping, buffering and screening shall comply with Article 23 of this Chapter (Environmental Improvements and Energy Conservation) or as approved as part of the tentative plan approval process.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1761 Recreational and Commercial-recreational Development Within a Coordinated Mixed Use Development.

1.    The recreational and recreational-commercial density shall not exceed 800 square feet of floor area per gross acre of the CMU development tract. No more than 15 percent of the maximum allowable gross floor area shall be allocated to guest cottages.

2.    The recreational-commercial component of a CMU development may consist of recreational-commercial uses oriented to serve both the residents of the CMU development, residents of the immediately surrounding community, and tourists on a regional level.

3.    Restaurant uses within the hotel/motel recreational-commercial operation shall be counted towards the allowed floor area established in this Section.

4.    Recreational-commercial uses shall provide off-street parking and loading in accordance with the off-street parking provisions of Article 24 of this Chapter, with the following exceptions: a hotel/motel (including restaurant and common areas) and guest cottages shall provide one parking space per each room plus one space per each employee on the largest shift, and an indoor water park shall provide one additional parking space per 400 square feet of floor area.

5.    Parking Lot Landscaping, Buffering and Screening.

A.    Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spillover light, and glare onto adjacent properties.

B.    The interior of all parking lots shall be landscaped to provide shade and visual relief. Parking lots with 10 spaces or less may not require interior landscaping if the applicant demonstrates to Borough Council that there is adequate perimeter landscaping.

C.    Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate.

D.    Parking lot layout, landscaping, buffering and screening shall comply with Article 23 of this Chapter (Environmental Improvements and Energy Conservation) or as approved as part of the tentative plan approval process.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1762 Area and Bulk Guidelines for a Coordinated Mixed Use Development.

The following area and bulk guidelines are intended to establish a basis for evaluation and approval of site-specific standards as proposed by the applicant. The applicant shall provide an equally complete set of guidelines that relate to the proposed CMU development. When approved by Borough Council, these dimensions will become the applicable standards for the CMU development.

Use

Min. Lot Max. Bldg. Area (s.f.)

Min. Lot

Min. Lot

Max.

Width (ft.)

Depth (ft.)

Front Yd (ft.)

Height (ft.)

Single-Family

Detached Dwelling

4,000

40

80

35

35

Single-Family Semi-detached Dwelling

1,800

18

80

35

35

Two-Family Dwelling

1,800

18

80

35

35

Single-Family

Attached Dwelling

1,800

18

80

35

35

Apartment Dwelling

None Req’d

None Req’d

None Req’d

None Req’d

60; See Notes 1 & 2

Commercial Uses and Mixed Use Buildings

None Req’d

None Req’d

None Req’d

None Req’d

60; See Notes 1 & 2

Commercial-Recreational

None Req’d

None Req’d

None Req’d

None Req’d

65; See Notes 1 & 2

NOTES

1. Where buildings are aligned front-to-front, rear-to-rear or obliquely whether or not separated by property lines, the applicant shall propose, for approval by the Council, standards that are consistent with the intended character of the neighborhood and demonstrate adequate provision for maintenance and the health safety and welfare of the Borough and occupants of the community.

 

2. Sixty-foot building height shall only be allowed where a fire hydrant with a minimum pressure of 50 psi at 750 gpm is located within 100 feet of the building.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1763 Required Loading and Service Areas.

1.    When required, loading docks, solid waste facilities, recycling facilities and other service areas shall be adequately separated and/or screened from the public right-of-way and adjacent properties.

2.    Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spillover glare or noise. Screening and buffering shall be achieved through walls, fences and landscaping and shall be visually impervious. Recesses in the building, architectural design or depressed access ramps may also be used.

3.    All loading and service areas shall conform to the screening and landscaping requirements of Article 23, Environmental Improvements and Energy Conservation, and the loading and unloading space requirements of Article 24, Off-Street Parking and Loading Requirements.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1764 Floodplain Control.

All floodplain areas shall comply with the requirements of Article 18, General Floodplain District. Floodplain areas may be utilized in meeting open space requirements and for the computation of maximum allowed density based on gross acreage of the CMU development tract.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1765 Signs.

All signs located within a CMU development shall comply with Article 25 of this Chapter, Signs and Advertising Structures. The applicant may submit comprehensive signage standards for review and approval for the CMU development with the tentative plan approval application which, if approved by the Borough, shall supercede the provisions of Article 25.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1766 Landscaping and Street Trees.

1.    Landscaping shall be required in accordance with a master landscape plan submitted with the tentative plan approval application. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be planted with trees, shrubs, hedges, ground covers and/or grasses, unless such area consists of existing vegetation to be retained.

2.    All landscaping plans shall be prepared by a registered landscape architect.

3.    Landscaping shall comply with Article 23 of this Chapter, Environmental Improvements and Energy Conservation, or as approved as part of the tentative plan approval process.

4.    Shade trees shall be provided along streets, public or private, in accordance with the master landscape plan.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1767 Lighting.

Streets and sites shall provide adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and the public right-of-way. All lighting shall meet all applicable Borough ordinances including, but not limited to, Ord. 2002-9, as amended [Chapter 10, Article 4]. If the applicant will not comply with all requirements of the Subdivision and Land Development Ordinance [Chapter 13] concerning street lighting, applicant shall present a lighting plan for all streets and pedestrian paths as part of the tentative plan application.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1768 Street Furniture.

Elements of street furniture, such as benches, waste containers, planters, phone booths, bus shelters, bicycle racks and bollards should be carefully selected to ensure compatibility with the architecture of surrounding buildings, the character of the area and with other elements of street furniture. Selection and location of the various elements of street furniture shall be indicated on the master landscape plan.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1769 Architectural Design Standards and Guidelines.

Buildings shall generally relate in scale and design features to indigenous regional architecture. An applicant for tentative approval shall prepare an architectural design guide that will describe the key elements of style and design that will be employed as parameters for subsequent design of structures and architectural features throughout the life of the project. The architectural design standards shall become a condition of tentative plan approval. Applicant shall prepare and record documents in a form acceptable to the Borough Solicitor to require compliance with the architectural design standards. Applicant shall present proof that such documents have been recorded prior to the release of any final plan for recording.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1770 Industrial Performance Standards.

All industrial uses proposed as part of a CMU development shall conform to the requirements of §14-1504, Performance Standards, of this Chapter, as may be modified as part of the tentative plan approval process.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1771 Utilities.

Unless specified otherwise in this Chapter, every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling, commercial or recreational business, or industrial purpose shall be shall be supplied with public water and sewer facilities. All telephone, cable and electrical lines shall be installed underground. An applicant shall provide executed agreements with public sewer and public water service priors demonstrating that applicant has reserved sufficient capacity for all uses within the CMU development prior to unconditional approval of the tentative plan.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1772 Supplementary District Regulations.

The supplementary district regulations in Article 22 shall apply, where applicable, as additional requirements for any CMU development.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)

§14-1773 Environmental Improvements and Energy Conservation Requirements.

The environmental and energy requirements in Article 23 shall apply, where applicable, as additional requirements for a CMU development, with the following exceptions:

A.    Section 14-2304.B(4)(a) is amended for the Coordinated Mixed Use Overlay as follows: “Parking lots of 10 or more spaces shall be a minimum of 10 feet from at least 50 percent of the building lines of any principal building or structure. The 10-foot setback shall contain appropriate screen plantings.”

B.    For buildings with panoramic views of existing ponds or lakes, the requirements of §14-2304.B(4)(b) may be waived if the applicant demonstrates that the building will be constructed in a manner so the building will be LEED certified.

C.    Section 14-2304.A(2) shall not apply to areas within the CMU development which have been approved for disturbance and mining operations by PaDEP. Applicant shall present copies of the PaDEP permits and sufficient evidence to demonstrate that the area at issue is covered by the PaDEP mining permit presented.

(Ord. 2008-1, 6/9/2008; as added by Ord. 2010-1, 6/14/2010, §7)