• Zoning is the process by which local government (i.e. South Whitehall Township) can regulate land use. 

• South Whitehall’s current zoning ordinance follows a form of Euclidean Zoning, which means the Township is divided up into individual Zoning Districts. Each Zoning District only permits certain types of land uses. For example, houses can be built in residential districts, offices and retail can be built in commercial districts, and manufacturing can be build in industrial districts.

• Two new Overlay Zones are being proposed for the “Jordan Valley” or the northern tier of South Whitehall Township.

• An Overlay Zone is a special zoning tool used to apply additional, specific regulations to a defined geographic area on top of the existing base zoning. Overlay Zones are commonly used to address unique needs or characteristics of a particular area. In this case, the two new Overlay Zones proposed are intended to address the unique resource preservation and character-defining traits of South Whitehall’s “Jordan Valley”.

• Overlay Zones can be mandatory to protect specific resources or safety issues (such as floodplain zones or airport approach zones) or they can be optional to encourage preferred development patterns (such as redevelopment areas or to achieve specific residential development goals).

• The first Overlay Zone is called the Jordan Valley Preservation District. This Overlay Zone is intended to encourage clustered (or compact) residential or in some cases mixed-use (residential and commercial) developments in the Jordan Valley.

• The second Overlay Zone is called the Planned Innovation, Research, and Technology (PIRT) District. This Overlay Zone is intended to encourage technology campus-style developments in the currently zoned Industrial (I) District, which is located in the Jordan Valley.

• The two Overlay Zones proposed are both optional, incentive-based overlay zones. This means that the underlying base zoning continues to apply, unless a landowner or developer chooses to “opt in” to the Overlay Zone. In order to encourage a landowner/developer to “opt in” to an Overlay Zone, additional incentives must be provided, such as density bonuses or reduced requirements for things like parking, setbacks, or building size.

• The incentives for developers to consider the Jordan Valley Preservation District are:
  • Increased Density – Same number of units, but on a smaller footprint.
  • Master Planning – The Jordan Valley District supports large landowners with multiple parcels to plan their “Development Areas” and “Conservation Areas” across the Jordan Valley. This allows landowners to worry less about extracting value from each parcel through development in a Conservation Area, by transferring those development rights to more suitable parcels in the Development Area.
  • Additional Uses – Through clustering, developers can build smaller footprint residential units that in some cases are more marketable, but potentially not allowed in certain zones. In some cases, certain commercial uses can also be unlocked through the Crossroads Village Development Type. 

• The incentives for developers to consider the PIRT District are:
  • Additional Uses – Several existing uses such as college/university buildings and office buildings are not permitted in the Industrial (I) Zone, but will be permitted in the PIRT, subject to the design requirements of the PIRT. These uses will also now be permitted as part of developments that contain multiple uses on one property (Coordinated Development) or multiple uses within one building (Flex Space). Data Centers will be permitted as a new Special Use Type, subject to very specific design criteria and impact management requirements.
  • Upfront Expectations – The PIRT establishes the above-mentioned uses “by-right” as long as they meet the regulations dictated by the ordinance. The regulations within the PIRT are detailed, objective, and straightforward, allowing a potential developer to determine whether they can meet the expected standards even prior to submitting a project for review. This gives a much more straightforward path to a developer if they are willing to comply with the extensive standards upfront.

Resource Preservation

• These proposed Overlay Zones are to provide another “tool in the toolbox” for resource protection when development is inevitable. The Township’s first priority is always to acquire land or easements directly for resource protection, but the cost of land and/or a landowner’s unwillingness to sell can eliminate that option.
• The Jordan Valley Preservation District requires substantially more open space dedication than through land developments under traditional zoning.
• The PIRT District requires substantially more buffering and viewshed protection requirements than through land developments under traditional zoning.

Complimentary Development Patterns

• The Land Use goal of the Township’s Comprehensive Plan is to: Provide a variety of land uses that can be supported by necessary infrastructure, preserve critical resources, and uphold the existing character of South Whitehall.
• The Jordan Valley District is designed to encourage complimentary development patterns that prioritize open space preservation and fit more seamlessly with historic neighborhoods and villages through required architectural design guidelines.
• The required master planning for the Jordan Valley District is intended to encourage development only in locations that can handle it through existing road and/or utility infrastructure, while permanently protecting other undeveloped parcels in areas less suitable for development.
• The PIRT District requires extensive setbacks and buffering to shield new development in the Industrial (I) Zone so that it is less impactful to the surrounding community.

Manage Impacts

• Using the required master planning process for the Jordan Valley, the Township has more of an opportunity to help direct development interests to avoid impacts, before too much time and money is spent on detailed engineering by the developer.
• The PIRT District requires developers to submit detailed impact statements to be reviewed at the beginning of the project submission.
• Including Data Centers as a “Special Use Type” in the PIRT District allows the Township to outline detailed requirements aimed at addressing potential impacts unique to those anticipated from Data Centers, such as noise and water usage.

Zoning Requirements

• Zoning regulation for municipal governments in enabled by the Pennsylvania Municipalities Planning Code (MPC). The MPC allows municipalities to adopt zoning ordinances to direct where land uses can be permitted, the intensity of those uses, and how properties can be configured.
• The MPC also states that a municipality cannot completely restrict certain land uses and therefore needs to provide a reasonable place for every land use.

Data Center Regulations

• Data Centers are an emerging new use, growing significantly more popular in Pennsylvania. State and Federal Administrations are actively promoting Data Center development and looking at ways to fast-track projects as an economic development strategy during this AI boom.
• Data Centers are not currently defined or regulated in South Whitehall Township’s Zoning Ordinance. Since the MPC states that land uses cannot be restricted, new uses are typically permitted in the most unrestricted zone, in this case being the Industrial (I) District.
• If a Data Center were to be proposed, it is common practice for the definitions, restrictions, and standards to be proposed by the Data Center developer, if not already established by the Township. The PIRT District as proposed defines Data Centers, restricts their use to the Industrial (I) District, and establishes clear regulations and standards preferred by the Township, in line with the goals of the Township’s Comprehensive Plan and other long-range plans.

• The Jordan Valley Preservation District and PIRT District are both optional overlay zones, only trigged if a landowner/developer chooses to “opt in”. Otherwise, the underlying base zoning regulations still apply.

• The Jordan Valley Preservation District option is only available to owners of 25 or more undeveloped acres within the Jordan Valley.

• The PIRT District option is only available to owners of properties within the Industrial (I) District.

These Overlay District Initiatives can be traced back to the Township’s Comprehensive Plan:

• Spring 2023 – South Whitehall Township Comprehensive Plan Adopted
  • Established future Land Use Plan and goals for specific land use types:
    • i.e. Jordan Valley Land Use Type and Industrial Land Use Type
  • Introduced the concept of “Place Types”:
    • i.e. Conservation Subdivision Place Type
  • Outlined the recommended planning flow to implement the goals of the Land Use Plan:
    • Step 1: Identify future Land Uses (goals and locations)
    • Step 2: Integrate Place Types (consider characteristics of areas and more details for area design)
    • Step 3: Update Zoning

       

• Summer 2023 – Summer 2024 – South Whitehall Landscapes Plan
  • Preparation and adoption of the Township’s Open Space, Historic, Agricultural, & Natural Resources Preservation Plan
  • Defined “Open Space” and created open space classifications specific to South Whitehall
  • Established Township-specific strategies to preserve resources valuable to the community (i.e. larger landscape-level protection)
  • Encouraged the creation of an “Open Space Zoning Overlay” for the Jordan Valley

     

• September 2024 – Kickoff of the Jordan Valley Zoning Update
  • Assembled project team of experts in the following disciplines:
    • Planning/Zoning
    • Architecture/Design
    • Land Use Law
    • Mapping/Geospatial Modeling
    • Conservation/Open Space

       

• October 2024 – Jordan Valley Stakeholder Engagement
  • Conducted meetings with stakeholders to gain insight into the viability of an optional zoning overlay. Asked questions about marketability, clustering (i.e. Conservation Subdivision), potential incentives, design preferences, and the use of site amenities/open space.
  • Stakeholder groups included:
    • Developers – Residential and Industrial developers from the area and greater Pennsylvania region.
    • Large Landowners – Owners of more than 25 acres of undeveloped property
    • Board of Commissioners/Planning Commissioners – To assess cohesiveness with the vision of the Comprehensive Plan

       

• November/December 2024 – Jordan Valley Ordinance Drafting
  • First drafts of a potential incentive-based optional overlay zone for the Jordan Valley. Development types permitted included:
    • Village Residential – Clustered residential homes, centered around open space and protected viewsheds
    • Crossroads Village – Mixture of residential and locally-service commercial around public spaces. Encouraged adaptive reuse of historic structures and reminiscent of historic villages
    • Planned Industrial – Conservation Subdivision approach to the land within the Industrial (I) District. Emphasized extensive buffering proportionate to impacts, as outlined in the Land Use goals from the Comprehensive Plan.

       

• January/February 2025 – Jordan Valley Project HUB
  • Concepts of the Jordan Valley Preservation Overlay District were refined and details added to an interactive project “Hub” for public review

     

• March/April 2025 – Jordan Valley Ordinance Revisions
  • Draft ordinance revised to develop more straightforward, easier to understand process. Design requirements and incentives reviewed further by staff and consulting team.

     

• May/June 2025 – Pivot to PIRT
  • Incentives and design requirements for the “Planned Industrial” Development Type determined too complex and unique to incorporate with “Village Residential” and “Crossroads Village”.
  • Planned Industrial removed from the Jordan Valley District Overlay and shifted to a standalone Planned Innovation, Research, and Technology (PIRT) District Overlay.
  • Same design requirements (i.e. extensive buffering) and incentives (i.e. new uses including Data Centers) moved from Planned Industrial to the PIRT.

     

• July/August 2025 – Feedback/Final Drafting
  • Draft PIRT District Overlay reviewed by staff, legal, and advisory Boards/Commissions/Councils, along with the Lehigh Valley Planning Commission

• The Zoning Ordinance Amendment that introduces the PIRT District has gone through drafting, committee/commission review, and legal review. A public hearing to adopt the PIRT Ordinance has been publicly advertised and is scheduled for Wednesday, October 15^th at 7:00 PM. This Public Hearing will occur during the regularly scheduled Board of Commissioners Meeting. Once the Board of Commissioners adopts the ordinance amendment, it will be officially recognized as part of the Township Zoning Ordinance.

   

• The Zoning Ordinance Amendment that introduces the Jordan Valley Preservation District is still going through committee/commission review and legal review. The intent is to advertise a Public Hearing for adoption before the end of 2025. Once adopted, the Jordan Valley Preservation District will be officially recognized as part of the Township Zoning Ordinance.