COLLEGE TOWNSHIP CENTRE COUNTY, PENNSYLVANIA ORDINANCE O-17-01 TRANSITIONAL RESIDENTIAL FACILITY ORDINANCE PROPOSED ORDINANCE TO AMEND THE COLLEGE TOWNSHIP CODE BY AMENDING CHAPTER 200, ZONING, TO REVISE PERMITTED LOCATIONS OF CORRECTIONAL FACILITIES, COMMUNITY CORRECTIONS FACILITIES AND HALFWAY HOUSES/REHABILITATION CENTERS BE IT RESOLVED AND ORDAINED, by the College Township Council, Centre County, Pennsylvania and the authority of the same, does hereby adopt, made this 18 th day of May, 2017, by amending the Code of the Township of College, Pennsylvania with the amendment of Chapter 87, Conditional Uses and Chapter 200, Zoning, as follows. Strikethrough = deletion Bold Italics = addition SECTION 1 INTENT It is the intent of this ordinance to permit halfway houses/rehabilitation centers, correctional and community correctional facilities as a conditional use in appropriate districts. In addition, the ordinance establishes this conditions for when these facilities can be developed to mitigate any potential negative impacts to surrounding properties. SECTION 2 DEFINITIONS Add the following definitions in alphabetical order to 200-7, Definitions. COMMUNITY CORRECTIONS FACILITY OR CENTER A public or private temporary residential facility providing transitional housing, employment assistance, counseling, and/or other services to offenders who are placed in such a facility under terms of probation, parole, or pretrial status. CORRECTIONAL FACILITY Public or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense, including but not limited to jails, prisons, and juvenile detention centers.
Page 2 of 8 HALFWAY HOUSE/REHABILITATION CENTER - A temporary residential facility for people who have had issues with alcoholism, drug abuse, mental illness, or antisocial conduct or victims thereof to live in a supportive living arrangement with the intended goal of transitioning the residents to independent or semi-independent living. This term specifically excludes correctional and community corrections facilities. SECTION 3 REGULATIONS FOR COMMUNITY CORRECTIONS FACILITIES Amend the Criteria and Standards Table for 200-18B, Rural Residential District, as follows. Add a new primary use, titled Community Corrections Facilities, pursuant to Chapter 87, Conditional Uses as primary use number (16), with the Lot, Yard and Height requirements to read see Chapter 87, Conditional Uses for requirements. Renumber remaining primary uses accordingly. Amend 87-4B, as follows. (8) Community Corrections Facilities in the Rural Residential (RR) Zoning District. Add a new article titled: Article X Community Corrections Facilities with the following regulations: ARTICLE X Community Corrections Facilities 87-35. Permitted locations of Community Corrections Facilities. The tract of land proposed for a community corrections facility must meet the following minimum requirements: A. It shall be located in the Rural Residential Zoning District, B. It must have direct access to either a primary or secondary arterial as designated in 177-34A, and C. No portion of the proposed structure including any of its accessory structures/uses shall be located closer than 1,000 feet to an existing residential use, place of assembly, park, or similar recreation space, primary or secondary school, child or adult day care center. This distance shall be measured from the structure to the property line of the nearest aforementioned use(s).
Page 3 of 8 87-36. Lot, yard and height requirements for community corrections facilities. The minimum lot size and width, minimum yard setbacks, maximum lot coverage, and maximum height for a community corrections facility shall be as follows. A. Minimum lot size. Five (5) acres. B. Minimum lot width. Three-hundred (300) feet. C. Minimum setbacks. One-hundred (100) feet from front, side, and rear lot lines. D. Maximum lot coverage. Thirty percent (30%) for all impervious surfaces. E. Maximum building height. Thirty-five (35) feet. 87-37. Additional regulations and restrictions. A. The community corrections facility shall be certified and meet all required regulations of the appropriate local, state, and/or federal agency(ies). B. Supervision shall be provided in accordance with the regulations of the certifying agency(ies) and shall include at a minimum one (1) responsible non-client adult available on the premises on a twenty-four-hour a day basis while any of the clients are on premises. C. The community corrections facility shall provide residency for no more than 40 residents at any given time. D. One parking space per five-hundred (500) square feet of gross floor area of administrative and service areas plus one parking space per eight (8) beds. Additional spaces may be required by College Township as condition of approval dependent upon specific needs of the operation. SECTION 4 REGULATIONS FOR CORRECTIONAL FACILITY Amend the Criteria and Standards Table for 200-18B, Rural Residential District, as follows: Add a new primary use titled Correctional Facility, pursuant to Chapter 87, Conditional Uses as primary use number (18), with the Lot, Yard and Height requirements to read see Chapter 87, Conditional Uses for requirements. Renumber remaining primary uses accordingly.
Page 4 of 8 Amend 87-4B, as follows. (9) Correctional facilities in the Rural Residential (RR) Zoning District. Add a new article titled: Article XI Correctional Facilities with the following regulations. ARTICLE XI Correctional Facilities 87-38. Permitted locations for correctional facilities. The tract of land proposed for a correctional facility must meet the following minimum requirements: A. It shall be located in the Rural Residential Zoning District, B. It must have direct access to either a primary or secondary arterial as designated in 177-34A, and C. No portion of the proposed structure including any of its accessory structures/uses shall be located closer than 1,000 feet to an existing residential use, place of assembly, park, or similar recreation space, primary or secondary school, child or adult day care center. This distance shall be measured from the structure to the property line of the nearest aforementioned use(s). 87-39. Lot, yard and height requirements for correctional facilities. The minimum lot size and width, minimum yard setbacks, maximum lot coverage, and maximum height for a correctional facilities shall be as follows. A. Minimum lot size. Fifty (50) acres. B. Minimum lot width. One-thousand (1000) feet. C. Minimum setbacks. One-hundred (100) feet from front, side and rear lot lines. D. Maximum lot coverage. Thirty percent (30%) for all impervious surfaces. E. Maximum building height. Thirty-five (35) feet with the exception of guard towers, which shall be exempt from height restrictions. 87-40. Additional regulations and restrictions. A. The correctional facility shall be certified and meet all required regulations of the appropriate local, state, and/or federal agency(ies).
Page 5 of 8 B. All fencing, walls or similar security barrier shall be setback at least 100 feet from the property line. C. College Township shall attach to any approval, conditions ensuring appropriate security measures including, but not limited to, fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, guard dogs, sirens and direct alarms with the local police department. D. Lighting for purposes of security such as in the prison yard areas, along fences, etc, shall be exempt from the provisions of 200-35, Exterior Illumination. However, the applicant shall prove that such lighting shall not exceed 0.5 footcandles at the property line AND all other lighting such as that for any parking areas shall comply with 200-35. E. One parking space per 1,000 square feet of gross floor area of administrative and service areas plus one parking space per 16 beds. Additional spaces may be required by College Township as condition of approval dependent upon specific needs of the operation. SECTION 5 HALFWAY HOUSES Amend 87-4B, as follows: (10) Halfway houses in the Rural Residential (RR), Multifamily Residential (R-3) and General Commercial (C-1) Zoning Districts Amend 200-11N, as follows. "N. Group homes and halfway houses/rehabilitation centers. (1) No group home or halfway house/rehabilitation center shall be allowed unless it is certified by and meets all regulations of the appropriate local, state or federal agency(ies). (2) No more than one group home or halfway house/rehabilitation center shall be allowed per block or block face. Amend the Criteria and Standards Table for 200-18B, Rural Residential District, as follows. Add a new permitted use, titled Halfway houses pursuant to Chapter 87, Conditional Uses as primary use (15) with the lot and yard requirements to read See Chapter 87, Conditional Uses, for requirements. Renumber remaining uses accordingly.
Page 6 of 8 Amend the Criteria and Standards Table for 200-21B, Multifamily Residential District, as follows. Delete permitted use, titled (12) Halfway house/rehabilitation centers. Add a new permitted use, titled Halfway houses pursuant to Chapter 87, Conditional Uses as primary use (16) with the lot and yard requirements to read See Chapter 87, Conditional Uses, for requirements. Renumber the remaining uses accordingly. Amend the Criteria and Standards Table for 200-26B, General Commercial, as follows. Amend primary use number (9) as follows: Halfway house/rehabilitation centers; see also 200-11N pursuant to Chapter 87, Conditional Uses, with the Lot, Yard and Height requirements to read see Chapter 87, Conditional Uses for requirements. Add a new article titled: Article XII, Halfway Houses with the following regulations. ARTICLE XII Halfway Houses 87-41. Permitted locations of halfway houses. The tract of land proposed for a halfway house/rehabilitation center must meet the following minimum requirements: A. It shall be located in the Rural Residential (RR), Multifamily Residential (R-3), or General Commercial (C-1) Zoning Districts, B. It must have direct access to either a primary or secondary arterial or collector street as designated in 177-34A, and C. No portion of the proposed structure including any of its accessory structures/uses shall be located closer than five hundred (500) feet to an existing residential use, place of assembly, park, or similar recreation space, primary or secondary school, child or adult day care. This distance shall be measured from the structure to the property line of the nearest aforementioned use(s). D. No portion of the proposed structure including any of its accessory structures/uses shall be located closer than one thousand (1,000) feet to an existing correctional facility. 87-42. Lot, yard and height requirements for halfway houses.
Page 7 of 8 The minimum lot size and width, minimum yard setbacks, maximum lot coverage, and maximum height for halfway houses shall be as follows. A. Minimum lot size. The minimum lot size shall be based upon the following zoning districts. (1) Rural Residential: 5 acres (2) Multifamily Residential (R-3): 1 acre (3) General Commercial (C-1): The minimum lot size shall be determined on the basis of the minimum width, maximum coverage, yard setback, parking, and other requirements contained in Chapter 200, Zoning. B. Minimum lot width. 150 feet. C. Minimum setbacks. (1) Front and Side Yard Setbacks: 50 feet. (2) Rear yard setbacks. 75 feet. D. Maximum impervious lot coverage. The maximum impervious lot coverage shall not exceed the following based upon the zoning districts in which the halfway house is proposed. (1) Rural Residential (RR): Ten percent (10%) for buildings and thirty percent (30%) in total for all impervious surfaces. (2) Multifamily Residential (R-3): Fifty percent (50%) for all impervious surfaces. (3) General Commercial (C-1): Thirty percent (30%) for buildings and seventy percent (70%) in total for all impervious surfaces. E. Maximum building height. Thirty-five (35) feet. 87-43. Additional regulations for halfway houses. A. One parking space per two persons based on maximum design capacity. Additional spaces may be required by College Township as condition of approval dependent upon specific needs of the facility. B. The halfway house shall provide residency for no more than fifteen (15) residents at any given time.
Page 8 of 8 C. Supervision shall be provided in accordance with the regulations of the certifying agency(ies). College Township may require supervision in cases where none is required by a certifying agency as a condition of approval dependent upon specific needs of the operation. SECTION 6 SEVERABILITY If any sentence or clause, section or part of this ordinance is found to be unconstitutional, illegal or invalid, such findings shall not affect or impair any of the remaining parts of this ordinance. It is hereby declared to be the intent that this ordinance would have been adopted had such part not been included. SECTION 7_ EFFECTIVE DATE This ordinance shall take effect five (5) days after enactment. ENACTED AND ORDAINED, this 18 th day of May of 2017, by the College Township Council, Centre County, Pennsylvania. ATTEST: Adam T. Brumbaugh Adam T. Brumbaugh, Mgr./Secretary COLLEGE TOWNSHIP COUNCIL: D. Richard Francke D. Richard Francke, Council Chair