Planning Commission

BOROUGH OF CARROLL VALLEY PLANNING COMMISSION MEETING Monday, May 6, 2024 – 7:00 P.M. Borough Office AGENDA 1. Approval of Meeting Minutes a. Minutes of April 1, 2024, meeting 2. Open to the Public 3. New Business a. Zoning Ordinance Amendment – Transitional Density Residential Overlay District (TRDO) b. Chapter 18 – Proposed Amendment c. Zoning Ordinance Proposed Amendment – Short Term Rentals 4. Old Business a. Long-Term Rentals – Rules/Regulations b. Chapter 22 Review 5. Adjournment  BOROUGH OF CARROLL VALLEY ADAMS COUNTY, PENNSYLVANIA ORDINANCE NO. _______ AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF CARROLL VALLEY, ADAMS COUNTY, PENNSYLVANIA AMENDING VARIOUS SECTIONS OF THE CARROLL VALLEY ZONING ORDINANCE TO CREATE A TRANSITIONAL DENSITY RESIDENTIAL OVERLAY (TRDO) DISTRICT WHEREAS, Article VI of the Pennsylvania Municipalities Planning Code entitled ‘Zoning’ 53 P.S. §10601 et seq., authorizes the Borough to enact, amend and repeal Zoning Ordinances within the Borough; and WHEREAS, Section 609 of the MPC, 53 P.S. §10609, sets forth the procedures for zoning ordinance amendments; and WHEREAS, the Borough of Carroll Valley Zoning Ordinance, codified as Chapter 27 of the Borough of Carroll Valley Code of Ordinances, was amended on May 10, 2022 (the “Zoning Ordinance”); and WHEREAS, Borough Council desires create a Transitional Density Residential Overlay District (TRDO); and WHEREAS, the Borough Council for the Carroll Valley Borough deems it to be in the best interest and general welfare of the citizens and residents of the Borough to update and amend certain provisions of the Zoning Ordinance. NOW THEREFORE BE IT ENACTED AND ORDAINED, by the Council of the Borough of Carroll Valley, Adams County, Pennsylvania, that the Zoning Ordinance is hereby amended as follows: SECTION 1: Section 201 of the Chapter 27 of the Carroll Valley Borough Code of Ordinances (the “Code”), entitled “Definitions”, shall be amended to add the following to the list of definitions: Cluster Residential Lot Designated parcels of land, smaller than otherwise permitted in the district in which the parcels are located, established by the subdivision of a tract of land greater than 10 acres, which may be developed as a grouping of single-family residences located to minimize adverse impacts on surrounding environmental features and to provide access to and views of surrounding open land. Perimeter Buffer 1 An Open Space buffer located along the perimeter of a cluster residential development and providing a separation between all dwelling units, interior roadways (with the exception of the main access road), parking areas and other impervious surfaces within the cluster development from adjacent parcels and existing Township roadways. SECTION 2: Section 300 of Chapter 27 of the Carroll Valley Borough Code of Ordinances (the “Code”), entitled “Purpose” shall be amended by adding the following to the list of zoning districts: TRDO Transitional Density Residential Overlay SECTION 3: Section 301 of Chapter 27 of the Code, entitled, “Zoning Map”, shall be amended by replacing the Carroll Valley Borough Zoning Map with the revised Zoning Map creating and depicting a Transitional Density Residential Overlay District, attached hereto and incorporated herein as Exhibit “A”. SECTION 4: Article VI of Chapter 27 of the Code, entitled “Residential Low Density (R2) District”, shall be amended by adding the following: TRANSITIONAL DENSITY RESIDENTIAL OVERLAY (TRDO) DISTRICT Section 603: Statement of Legislative Intent A. Provide for limited high density single family residential communities utilizing cluster style design techniques providing a density transition between zones of lower and higher density. Section 604: Use Regulations A. Uses permitted within the R2 District are permitted within the TDRO District, in accordance with the provisions of Section 601 herein. B. Cluster Residential Lots shall be permitted by right in the TDRO District, subject to the provisions contained within this Chapter. Section 605: Dimensional Requirements A. All uses permitted within the R2 District, except Cluster Residential Lots, shall comply with all applicable dimensional requirements set forth in Section 602 herein. B. Cluster Residential Lots shall comply with the requirements of the following table: Minimum Lot Area 6000 square feet Minimum Lot Width 60 feet1 Minimum Front Setback 20 feet 1 Cul de sac lot width measured at a uniform building setback line. 2  Minimum Side Setback Total: 15 feet; Minimum per side: 5 feet Minimum Rear Setback 20 feet Maximum Lot Coverage Sixty percent (60%) Minimum Vegetative Coverage Forty percent (40%) Maximum Building Height 35 feet Minimum Dwelling Unit Livable Floor Area N/A Section 606: General Development Standards Any development, whether proposed initially or cumulatively, on a parcel existing as of the effective date of this Ordinance, and involving five (5) or more dwelling units, shall comply with the following general developmental standards. A. Open Space: Where a parcel is proposed for development, an integrated open space area shall be provided. The open space area shall meet the following requirements: 1. Area: A minimum of thirty percent (30%) of the parcel shall be devoted to open space. 2. Lands Contributing to Open Space: Open space may include areas dedicated to recreational purposes, natural area, important environmental features, and perimeter buffers. Stormwater management facilities, private yards, and common lands surrounding residential uses (for example, land surrounding a dwelling unit organized as a condominium) are specifically excluded from being included as open space. 3. Use: Open space shall be designated for common use and enjoyment of the residents of the development. Active and passive recreation areas shall specifically be permitted within open space areas. 4. Proximity to Dwelling Units: A minimum of sixty-five percent (65%) of the dwelling units within the development shall abut an open space area. 5. Trail System: Within the open space area, a pedestrian trail system shall be provided that meets the following standards. i. The trail system shall be designed so that a residence can use the trail system to access all portions of the development, specifically including the designated recreation area. ii. The trail system shall be provided with a stable surface that meets accessibility standards. Such stable surface may include paving, but may also include other surfaces such as crusher fines and boardwalks that form a firm and stable trail surface. iii. The trail system shall be designed so that it can be extended to other existing or planned trail systems on adjoining or surrounding properties. 3 6. Open Space Ownership: Ownership of designated open space within a development shall comply with one of the following ownership options: i. Fee Simple Dedication to the Borough: All or a portion of the open space areas may be offered for dedication to the Borough. Should the Borough agree to accept dedication of the open space areas, there shall be no cost of acquisition to the Borough, and the Borough shall agree to accept and maintain any existing or proposed facilities within the open space areas. ii. Homeowners’ Association: Open space areas may be held in common ownership subject to all of the provisions for homeowners’ associations as set forth in relevant state law and regulations. iii. Private, Non-Profit Conservation Organization: Open space areas may be transferred by fee simple title to a private, non-profit organization. Should this option be utilized, the open space areas shall be subject to a recorded conservation easement providing that the open space areas will be permanently maintained as open space areas and any existing or proposed facilities within the open space shall be maintained by the private, non- profit organization. The conservation easement shall provide that the Borough may enforce the provisions of the conservation easement and require the private, non-profit organization to maintain said open space area and any existing or proposed facilities within the open space area. iv. Non-Common Private Ownership: Open space areas within development may be transferred to non-common private ownership, provided that a conservation easement consistent with the provisions of subsection (iii) above is established. v. Combination of Ownership Options: A combination of ownership options may be utilized. 7. Open Space Maintenance: Maintenance of open space areas within a development shall comply with the following standards: i. Maintenance responsibility of the open space areas shall be borne by the designated owner(s) of said open space areas. However, any required conservation easement shall afford the Borough the ability to conduct open space maintenance should the designated owner(s) fail to do so. ii. At the time of Preliminary Plan submission in accordance with the applicable requirements of the Carroll Valley Borough Subdivision and Land Development Ordinance, a Maintenance Plan for the designated open space area shall be submitted. Such plan shall include the following: 1. Schedule of regular and periodic operation and maintenance activities for each component of the open space area. 2. Estimate of annual costs for the open space area operation and maintenance activities. 3. Estimate of other annual costs associated with the open space area. These may include, but are not limited to, staffing and insurance costs. 4. Estimate of costs of potential long-term capital improvements that are shown on the Preliminary Plan that will not be constructed as 4  part of the Final Land Development Plan and are to be made by the owner of the open space area in the future, if any, and the means for funding said improvements. iii. In the event that the owner(s) neglect to maintain the open space area and associated facilities in a manner consistent with the conservation easement and/or the Maintenance Plan, upon thirty (30) days’ prior written notice to the owner, the Borough may enter the premises to take corrective actions, including regular and periodic maintenance. Any costs associated with such corrective actions shall be assessed against the open space area property as a municipal lien. B. Residential Neighborhood Buffer: Where a parcel proposed for development abuts an existing residential neighborhood, an open space perimeter buffer shall be established in accordance with the following standards: 1. The buffer shall begin at the property line and be a minimum of fifty (50) feet in width, measured inward from the property line. 2. The buffer shall be vegetated, and existing vegetation within the buffer shall, at a minimum, be maintained. i. Where the buffer area is forested, the retention of existing forested vegetation can be applied to the requirements of the Forested Land Overlay (FLO) District of Article XII. ii. Where the buffer area lies within an area subject to the Riparian Buffer Overlay (RBO) District, and where the restoration of the riparian buffer is proposed through the planting of trees, said restoration can be applied to the requirements of the RBO District. C. Lot Frontage: All lots shall front on, and be provided access from, a new street within the development. Under no circumstances shall new lots be permitted to be provided access from an existing street. SECTION 5. Repealer. All provisions of previous Ordinances of Carroll Valley Borough which are contrary to this Ordinance are expressly repealed. SECTION 6. Savings Clause. In all other respects, the Code of the Borough of Carroll Valley shall remain as previously enacted and ordained. SECTION 7. Severability. The provisions of this Ordinance are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid to unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this ordinance. SECTION 8. Effective Date. This Ordinance shall take effect in accordance with law. ENACTED, ORDAINED, AND APPROVED this day of ___________ 2024 by the Council of the Borough of Carroll Valley, Adams County, Pennsylvania. 5 ATTEST: CARROLL VALLEY BOROUGH COUNCIL ___________________________ By: _________________________________ Gayle Mathers, Assistant Richard Mathews, Council President Borough Manager/Borough Secretary _________________________________ Mayor of the Borough of Carroll Valley 6 ĂƌƌŽůůsĂůůĞLJŽƌŽƵŐŚ ĚĂŵƐŽƵŶƚLJ͕WĞŶŶƐLJůǀĂŶŝĂ TRL VIOLET TRL GROUSE WHIT E BA RN L N SUNSHINE TRL MCD RL SU RL ANN PI NF OT ELL KE ISH T LN T TR NS N L P CROSS LAND TRL HE R SU RT NO TR MAIN TR L RD IZ ZA TRL L BL C BLA PO ELM TRL WD TROUT RUN TRL SS TRL ER K BA CROCUS TRL DE GE EP SNO ID NOV WB ICE BLUE R IRD RUN TRL TRL TRL SHO RT TRL WƌŽƉŽƐĞĚ dZKŝƐƚƌŝĐƚ E TRL RIDG MEAD SPOR L TS TR OW TR L GOLF VIEW TRL TRL IEW YV VA LLE MOU NTAIN VIEW PINE HILL TRL TRL TRL FORE ST T N R L RE GLA AR DYS CON L W TR RL N TR L IE TR HT L VI RL EW AT Y CLUB TRL HIG IND PL L RE L VISTA TR AIN BE L TRL COUNTR CC A N TR TR SA DO L SU M FR FAWN TRL EE JO TR L TRL ISE RD LOU TRL JA MAXINE TRL CK SM LYNN TRL LIO JAN N TRL OU ET TRL MILL TRL CHERYL NT VERONICA TRL AI TRL N YVONNE SKYLARK TRL DE ROBIN NEST TRL BO MAE H TRL STINE TRL TRL RA DO HT RA RL THRUS T RL TR L CHEETAH TRL LLY TRL PO IVY ANN A TR L EAGLES TRL INE SKYL CAR OL TR L POS SW TRL SUM AL MARTE TRL BLU DOVE TRL LO EBIR W N TRL D TR TR L L OL D ECHO TRL WA YNE WI SBO NT RO ER RD WOODLAN TR D TRL L TRL BEEC H L PARTRIDGE TR >ĞŐĞŶĚ ^ƚƌĞĂŵ WAYN ESBO RO PIKE tĂƚĞƌŽĚLJ D LR EL NG WĂƌĐĞůŽƵŶĚĂƌLJ FIR TRL GI REDBUD TRL TIGE R TR BIRCH TRL L ŽŶŝŶŐŝƐƚƌŝĐƚ FRUITWOOD TRL ͲŐƌŝĐƵůƚƵƌĞ MILE TRL LITTLE TRL W L UP WALNUT TR ZϭͲZĞƐŝĚĞŶƟĂůͬŽŶƐĞƌǀĂƟŽŶ PE R TR L HIDEAWAY TRL ZϮͲZĞƐŝĚĞŶƟĂů>ŽǁĞŶƐŝƚLJ UP PE RT OA RL K ZϯͲZĞƐŝĚĞŶƟĂůDĞĚŝƵŵĞŶƐŝƚLJ RID GE TR CRE L EK VIE WT ͲŽŵŵĞƌĐŝĂů RL RANCH TRL LO W ER ͲŽŵŵƵŶŝƚLJŽƌĞ VIE W TR TR L L &ůŽŽĚƉůĂŝŶKǀĞƌůĂLJ MASON DIXON TRL WZKWK^dƌĂŶƐŝƟŽŶĂůĞŶƐŝƚLJZĞƐŝĚĞŶƟĂůKǀĞƌůĂLJ;dZKͿ ”‘’‘•‡† $&23'*,6'LYLVLRQ_$SULO6: 'DWD6RXUFH$&23'$&7D[6HUYLFHV)(0$ ‘‹‰ƒ’‡†‡– Ϭ ϱϬϬ ϭ͕ϬϬϬ &ĞĞƚ Ϯ͕ϬϬϬ