[Added 1-23-2012 by Ord. No. 725]
A.
The provisions of this article are enacted for the following purposes:
(1)
To address planning, development and redevelopment issues affecting
certain areas along Baltimore Pike within Middletown Township.
(2)
To employ planning principles and design standards that focus
on creating a variety of well-planned and designed land uses.
(3)
To encourage innovative and integrated long-range development
plans that contribute to the quality of life in the community.
(4)
To employ planning principles and design standards that focus
on creating a variety of well-planned and designed land uses, streetscapes,
public open spaces, and the overall built environment.
(5)
To provide greater opportunities for use of mass transit facilities.
(6)
To respond to growing demands for housing and nonresidential
uses of various types and designs.
(7)
To revitalize properties that have vacant, defunct or underutilized
buildings, and to transform these previously developed properties
into more complete, functional, and attractive neighborhoods.
In addition to the definitions contained in § 275-8 of the Zoning Ordinance, the following additional definitions shall apply to the SU-1A Mixed Use District:
An establishment offering sexually oriented live entertainment.
A facility with or without overnight lodging, at which meetings,
seminars, expositions, trade shows and/or conferences are conducted.
Conference facilities may also include ancillary entertainment facilities,
a fitness and health center and retail stores and services primarily
for conference center guests.
A retail store of not less than 3,000 square feet or more
than 12,000 square feet of building area exclusive of canopy and fuel
pump areas, for the sale of food and beverages, personal care items,
self-service gasoline and other similar items, which may include ATM
banking machines. A convenience store with fuel pumps shall not include
the provision of automobile service or repair and shall not allow
tractor-trailer fueling.
Those existing parcels, as defined by separate tax parcel
numbers, which contain or contained buildings or structures operated
in connection with the Franklin Mint.
A facility offering for compensation temporary overnight
lodging accommodations to the general public, in which such lodging
accommodations are accessed from common entrances to an interior lobby,
corridor or hallway, and which may include additional accessory use
facilities and services, such as restaurants, meeting rooms, personal
services, and recreational facilities. Such establishments shall provide
guests with customary hotel services such as maid service and the
furnishing and laundering of linen. A hotel may include an accessory
conference center.
Topographic conditions characterized by a change in elevation equal to or greater than 15%, as determined and delineated by the process described in Article XXX, which are the artifact of human land use and earthmoving activity, including, but not limited to, the construction and/or maintenance of transportation infrastructure; agricultural or industrial operations; mineral extraction; building construction; stormwater and floodwater management; sewage control; energy production; military operations; refuse deposit (landfill); and the like. Proof of whether a slope is man-made may be provided through comparisons of historic aerial photographs, soil borings, USGS maps, development plans, field survey, and the review of other maps and documentation.
A building containing general and/or professional office
uses but which may also contain meeting facilities, seminar facilities
and/or accessory dining, fitness and retail facilities, health and
fitness centers, cultural, religious or charitable uses, conference
centers (without either overnight lodging or ancillary entertainment
uses), governmental uses, medical laboratories, research and testing
facilities and parking structures.
[Added 2-11-2013 by Ord. No. 736]
An unpaved path through wooded areas and meadows that is
marked and maintained for walking or hiking, and which is connected
at both ends to other such paths, or sidewalks, or common open space.
A facility for product investigation, testing or development,
including food products, prototype store development.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods including, but not limited
to, pharmacy, book store, florist shop, gift shop, jewelry store,
or picture framing shop, home improvement store. Retail stores may
include a supermarket component.
The cartway, and the space adjacent to the cartway that may
be embellished with curbs, grass strips, sidewalks, street trees,
streetlights, and amenities such as benches, waste receptacles and
the like.
A retail establishment, typically in the range of 50,000
to 180,000 square feet of gross floor area, selling food, including
alcoholic beverage sales, prepared foods for on premises or off premises
consumption, and also selling other convenience and household goods,
clothing, electronics and other products sold in general merchandise
stores, and providing ancillary services, including but not limited
to pharmacy and banking services, and restaurants. Supermarkets shall
not include wholesale membership clubs and/or discount department
stores.
One or more contiguous or noncontiguous lots, assembled for
the purpose of unified development in accordance with the regulations
of the SU-1-A Mixed Use District.
Buildings may be erected, altered or used and land may be used
or occupied for the following uses:
A.
Minimum tract size: 100 acres.
B.
The following residential uses are permitted as of right within the
SU-1-A Mixed Use District:
[Amended 2-24-2014 by Ord. No. 746; 9-26-2016 by Ord. No. 771]
C.
The following nonresidential uses are permitted as of right within
the SU-1-A Mixed Use District:
(1)
Convenience store;
(2)
Convenience store with fuel pumps;
(3)
Bank or other financial institutions, with or without drive-up
window and/or accessory ATM facilities;
(4)
Commercial greenhouse, nursery or garden center;
(5)
Conference centers;
(6)
Cultural, religious or charitable uses;
(7)
General or professional offices;
(8)
Governmental use;
(9)
Health and fitness centers, including ancillary services such
as wellness, physical rehabilitation facilities and prevention health
education activities;
(10)
Hotel;
(11)
Medical laboratories, outpatient or training facilities or offices
for doctors and other medical personnel;
(12)
Municipal uses;
(13)
Pharmacy, with or without drive-up window;
(14)
Research and/or testing facility;
(15)
Restaurants and taverns, including those with musical entertainment,
dancing (excluding adult entertainment or dancing), and/or outdoor
service of food and/or alcohol;
(16)
Restaurants, fast food;
(17)
Retail stores, including discount department stores;
(18)
Supermarket, with or without drive-up window(s);
(19)
Parking structures;
(20)
Public transit facilities;
(21)
Wholesale membership club.
(22)
Stand-alone assisted living, memory care facilities, skilled
nursing and/or rehabilitation centers.
[Added 9-26-2016 by Ord.
No. 771]
(23)
Day care.
[Added 9-26-2016 by Ord.
No. 771]
(25)
Indoor storage building or warehouse, to include warehousing
known as "mini storage," consisting of multiple warehouses which are
either leased or sold.
[Added 10-22-2018 by Ord.
No. 796]
D.
Permitted accessory uses within the SU-1-A Mixed Use District:
(1)
Uses customarily incidental to the uses permitted in § 275-117.3A and B.
B.
At least 10% but no more than 90% of the total nonresidential gross
floor area, exclusive of hotels, shall be devoted to retail store,
garden center, supermarket or wholesale membership club uses.
[Amended 9-26-2016 by Ord. No. 771]
C.
At least 10% but no more than 90% of the total nonresidential gross
floor area shall be devoted to offices, research and/or testing facilities,
medical laboratories, outpatient or training facilities or offices
for doctors and other medical personnel health and fitness centers.
[Amended 9-26-2016 by Ord. No. 771]
D.
No more than 15% of the total nonresidential gross floor area shall
be devoted to restaurants, taverns, and fast-food restaurants.
E.
No more than 350 residential units shall be permitted, with a density
not to exceed 15 residential units per acre on the area proposed for
residential use.
[Amended 2-24-2014 by Ord. No. 746]
F.
No more than 150 hotel rooms shall be permitted on a tract. Such
hotel rooms may be located in a hotel and/or a conference center.
The maximum height of buildings within a SU-1-A Mixed Use development shall be as follows, except as provided in the special provisions in Article XXXIV of the Zoning Ordinance which provides for exceptions to height regulations for certain structures:
A.
Single-story buildings: 35 feet.
B.
Multistory residential and nonresidential buildings, other than office
buildings or hotels: 50 feet.
C.
Office buildings and hotels: 60 feet.
D.
No new buildings located within 100 feet of the right-of-way of Baltimore
Pike shall be more than 40 feet in height.
A.
Maximum impervious surface area of the tract: 60%.
B.
Maximum building coverage of the tract: 20%.
C.
Setbacks:
(1)
Front yard (adjacent to Baltimore Pike): 80 feet, except that
all new buildings on the existing Franklin Mint parcels shall be required
to be set back at least 100 feet from the cartway edge of Baltimore
Pike. The front yard setback requirement shall not apply to accessory
canopy structures, fuel pumps, bank drive-throughs, or buildings occupied
by a municipal or governmental use, but in no case shall be less than
10 feet from the legal right-of-way line of Baltimore Pike.
(2)
Front yard (adjacent to Pennell Road): 30 feet.
(3)
Side yard: 15 feet, except that a building occupied by a municipal
or governmental use shall not be subject to this side yard requirement.
(4)
Rear yard: 100 feet, except that a building occupied by a municipal
or governmental use shall not be subject to this rear yard requirement.
[Amended 7-24-2017 by Ord. No. 780]
A.
General standards.
(1)
All developments constructed under this article shall also be
governed by the SU-1-A Mixed Use Design Standards dated December 23,
2011, attached as Appendix A[1] to this article.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Special regulations relating to access and highway frontage. In order
to minimize traffic congestion and hazard, control street access in
the interest of public safety and encourage the appropriate development
of street or highway frontage, the following shall apply:
(1)
No parking lot or area for off-street parking or for the storage
or movement of motor vehicles shall abut directly to a public street
or highway unless separated from the street or highway by a raised
curb, barrier planting strip, wall or other effective barrier against
traffic, except for necessary accessways, and each parking lot shall
have not more than two accessways to any one public street or highway
for each 500 feet of frontage. Where practicable, access to parking
areas shall be provided by a common service driveway or minor public
or private street in order to avoid direct access on a major street
or highway. No such accessway shall be more than 70 feet in width.
C.
Buffer areas and landscaping. All required buffer areas and landscaping
for developments within the SU-1-A Mixed Use District shall be a specified
in the Design Standards attached hereto as Appendix A.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
Building placement.
(1)
There shall be a minimum distance of 18 feet between single-family
detached dwellings. The minimum distance between all other residential
buildings shall be 20 feet.
[Amended 9-26-2016 by Ord. No. 771]
(2)
There shall be a minimum distance of at least 25 feet between
all nonresidential buildings and residential buildings.
(3)
The minimum distance between nonresidential buildings shall
be governed by the prevailing building code.
E.
Lighting.
(1)
All parking areas shall be adequately lighted with lighting
of such quality and type and with such shielding as will not present
direct glare to any adjoining residential area. Unless otherwise permitted
by the Township Council, all parking lot lighting shall be extinguished
one hour after the close of business, until dawn, in order to conserve
energy and reduce glare and sky-lighting consequences. Where all-night
safety or security lighting is deemed necessary, the lighting intensity
levels shall not exceed 25% of the levels normally, but in no case
shall they be less than the minimum levels for safety/security as
prescribed by the IES.
(2)
All driveways, aisles, maneuvering spaces, vehicular service
areas or spaces between or about buildings, other than those relating
to a dwelling, shall be adequately illuminated.
(3)
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance, and in every district all
such lighting shall be arranged so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind. Any light shall be equipped with some type of glare-shielding
device approved by the Township.
F.
Site element screening. Roof-top elements, loading/unloading areas
and trash dumpsters shall be screened from view in accordance with
the Design Standards attached hereto as Appendix A.[3]
[3]
Editor's Note: Said appendix is included at the end of this chapter.
All uses within the SU-1-A Mixed Use District shall comply with all environmental controls of § 275-207, Subsections A through K, pertaining to noise, smoke, dust, fumes, vapors and gases, heat and glare, air quality, odor, vibration, soil erosion, sedimentation and grading control, and storage and waste disposal. An environmental impact assessment (EIA) report meeting the standards contained in § 275-215 of the Zoning Ordinance shall be submitted at the time of preliminary plan submission for the development of any new buildings within the SU-1-A Mixed Use District.
A.
The peak traffic generated by the proposed development shall be accommodated
in a safe and efficient manner or improvements shall be made in order
to effect the same.
B.
All off-site traffic improvements shall be designed in accordance
with the principles set forth in the Pennsylvania Department of Transportation
Smart Transportation Guidebook dated March 2008, or most recent edition.
C.
At the time of preliminary plan submission, the applicant shall submit
a traffic impact study prepared by a qualified traffic engineer, consistent
with Pennsylvania Department of Transportation's Policies and Procedures
for Transportation Impact Studies Related to Highway Occupancy Permits
(January 2009 or most recent version). The study shall fully consider
all modes of transportation. The study area and key intersections
to be analyzed shall be subject to the approval of PennDOT and the
Township. If the traffic impact study indicates that the proposed
development will result in an unacceptable decrease in overall level
of service under the standards set forth in the Transportation Research
Board Special Report 209, Highway Capacity Manual (2000 or most recent
version), the applicant is required to construct improvements that
will mitigate the overall LOS decrease. Such improvements shall be
in accordance with PennDOT's Smart Transportation Guidebook and shall
be subject to the approval of both PennDOT and the Township. If the
mitigations are determined by either the Township or PennDOT to be
infeasible or impractical, the applicant shall follow PennDOT's Policies
and Procedures for Transportation Impact Studies Related to Highway
Occupancy Permits and PennDOT's Smart Transportation Guidebook to
develop alternative improvements reasonably satisfactory to PennDOT
and the Township.
A.
The steep slope provisions contained herein are designed to encourage
the sensitive treatment of natural hillsides and their related soil
and vegetation resources in an effort to minimize adverse environmental
impacts. The following objectives serve to complement these specific
purposes and the overall purposes of the SU-1-A Mixed Use District:
(1)
To conserve and protect natural steep and very steep slopes
from inappropriate development such as excessive grading, land form
alteration and extensive vegetation removal;
(2)
To avoid potential hazards to property and the disruption of
ecological balance which may be caused by increased runoff, flooding,
soil erosion and sedimentation, blasting and ripping of rock and landslide
and soil failure;
(3)
To encourage the use of natural steep and very steep slopes
for open space and other uses which are compatible with the preservation
of natural resources and protection of areas of environmental concern.
B.
In addition to the controls presented in the above subsections herein, all development in areas of natural steep slopes and natural very steep slopes within a tract shall be governed by the general provisions governing steep slopes contained in § 275-179 of the Zoning Ordinance. Areas of man-made steep slopes and man-made very steep slopes shall not be subject to the general steep slope provisions contained in § 275-179. However, disturbance of man-made steep slopes and man-made very steep slopes shall be subject to the limitations set forth in Subsection D(1) through (3) below.
C.
Up to 35% of the total area of the natural steep slopes and natural
very steep slopes located on a tract may be disturbed and/or used
for any purpose permitted by the SU-1-A Mixed Use District regulations,
and an additional 5% may be disturbed and/or used to create more natural/gentle
grade transitions to better blend with existing topography, provided
that:
(1)
Earthmoving activities and vegetation removal will be conducted
only to the extent necessary to accommodate proposed uses and structures
and in a manner that will not cause excessive surface water runoff,
soil erosion, sedimentation and unstable soil conditions, and wetlands
deterioration;
(2)
Mitigation techniques will be utilized, including but not limited
to retaining walls, tree wells, and the restoration of slopes through
measures such as the establishment of ground covers and/or low spreading
shrubs, the use of soil erosion control fabric and other measures
focused on the stabilization of slopes especially in close proximity
to wetlands;
(3)
All trees 10 inches in diameter or greater at breast height
which are eliminated due to disturbance of natural and/or man-made
steep slopes and very steep slopes shall be replaced with two new
trees of at least 1 1/2 to two inches in diameter at breast height.
(4)
Proposed buildings and structures will be of sound engineering
design and footings will be designed in response to the tract's slope,
soil and bedrock characteristics;
(5)
The proposed disturbance furthers one or more of the purposes stated in § 275-117.1 of this article.
(6)
The proposed disturbance furthers one or more of the purposes stated in § 275-117.10 of this article; and
(7)
The disturbance of steep and very steep slopes shall comply
with all federal and state regulations.
D.
The following uses and activities are prohibited on areas of natural
steep slopes and natural very steep slopes:
(1)
Cut and fill other than in association with uses permitted in
the SU-1-A Mixed Use District;
(2)
Soil, rock or mineral extraction and/or removal other than in
association with any uses permitted by the SU-1-A Mixed Use District
regulations;
(3)
Removal of topsoil other than in association with any uses permitted
by the SU-1-A Mixed Use District.
A.
Off-street parking shall comply with the minimum off-street parking requirements contained in § 275-182 of the Zoning Ordinance, except that:
(1)
Residential uses shall require 1.5 parking spaces per residential
unit. The quantity of parking spaces required to serve each residential
building shall be no further than 150 from an entrance to that building.
(2)
Office buildings shall require one parking space for each 350
square feet of gross floor area of the building.
(3)
Retail stores and warehouse membership clubs shall require one
parking space for each 250 square feet of gross floor area, enclosed
by a roof and four walls and heated;
(4)
Supermarkets shall require one parking space for each 250 square
feet of gross floor area, enclosed by a roof and four walls and heated;
(5)
Convenience stores, with or without fuel pumps, shall require
one parking space for each 250 square feet of gross floor area, enclosed
by a roof and four walls and heated;
(6)
Restaurants and fast-food restaurants shall require seven parking
spaces per 1,000 square feet of floor area devoted to patron use;
(7)
Banks or other financial institutions shall require one parking
space for each 250 square feet of gross floor area;
(8)
Hotels and conference centers shall require one space per lodging
unit.
(9)
Research or testing facilities shall require one parking space
for each 1,000 square feet of gross floor area.
B.
Surface parking spaces located on the tract shall be 9 1/2 feet
wide by 19 feet long, except that 20% of the total number of required
parking spaces may be 8 1/2 feet wide by 18 feet long, provided
that they are located in a contiguous parking area.
In connection with development within the SU-1-A Mixed Use District,
individual lots may be created for purposes of financing and/or conveyancing.
Such individual lots shall not be required to comply on an individual
basis with the dimensional requirements of this article, provided
that the tract complies with such requirements on an overall basis,
and further provided that the deeds conveying such separate lots contain
covenants requiring the purchasers to, at all times, operate and maintain
such lots in good order and repair and in a clean and sanitary condition;
that cross easements for parking areas and all appurtenant ways, pedestrian
access, and utilities shall be maintained between such lots; and that
such covenants shall be subject to the approval of the Township Solicitor.
The purchaser of any such lot shall so covenant and agree thereby
to be bound by such conditions as set forth herein. Where a financial
subdivision is proposed, a financial subdivision plan shall be submitted
at the time of final plan submission and shall be approved by Township
Council prior to recording.
A.
All signs constructed or erected within a development within the SU-1-A Mixed Use District shall be subject to the general requirements contained in §§ 275-190 through 275-194 of the Zoning Ordinance and shall be subject to the specific standards set forth herein. To the extent that any of the general requirements contained in §§ 275-190 through 275-194 of the Zoning Ordinance may be deemed to be inconsistent with the specific signage regulations contained herein, the specific signage regulations contained herein shall control.
B.
Signs advertising and identifying mixed-use developments within the
SU-1-A Mixed Use District.
(1)
One freestanding sign advertising and identifying a mixed-use
development, or a major tenant within a mixed-use development shall
be permitted to be erected at each driveway intersection with an existing
street, provided that:
(a)
If mounted on a background, freestanding signs shall not be
less than seven feet nor more than 30 feet in height above the grade
of the center line of the nearest public roadway. In cases where individual
letters are separately braced to the ground, each letter shall be
no more than 10 feet high measured from grade.
[Amended 2-11-2013 by Ord. No. 736]
(b)
If mounted on a background, freestanding signs shall not exceed
200 square feet in sign area (per side). In cases where individually
letters are separately braced to the ground, the maximum total sign
area shall be no more than 1,000 square feet.
(c)
No such sign shall be illuminated except by lighting which is
concealed, internally illuminated, or indirect.
(d)
All such signs shall be set back at least 15 feet from any street
or highway right-of-way line.
(2)
Directional signs for the purpose of directing vehicular and
pedestrian traffic within the tract shall be permitted in proximity
to the entrances to buildings. The directional signs shall be for
the convenience and safety of vehicular and pedestrian traffic, giving
direction to specific buildings and uses within the development.
(a)
The size of any such sign shall not exceed 50 square feet.
(b)
The height of any such sign above grade immediately surrounding
same shall not exceed eight feet.
(c)
No such sign shall be illuminated, except by lighting which
is concealed, internally illuminated, or indirect.
(d)
No such sign shall advertise any particular item, program or
product but rather shall be limited to the giving of directions to
particular buildings or uses within the development.
(e)
"Entrance," "exit," "pick-up," "loading area" and similar directional
signs shall be permitted by the Township Code Enforcement Officer
if necessary for the safety and protection of the public, provided
no such sign shall exceed six square feet in area and no such sign
shall contain any advertising.
C.
Signs advertising and identifying single-occupancy nonresidential
buildings in the SU-1-A Mixed Use District.
(1)
The occupant of a single-occupancy nonresidential building shall
be permitted the exterior wall signs, provided that:
(a)
Not more than five signs shall be permitted on the wall of any
one side of the building.
(b)
No one wall sign shall exceed 500 square feet or have a length
of more than 50 feet, and no sign shall be closer than 10 feet to
another wall sign unless it is deemed part of the same sign.
[Amended 2-11-2013 by Ord. No. 736]
(c)
The total square footage of wall signage on each building face
shall not exceed two square feet for every linear foot of building
length.
(d)
No wall sign shall be illuminated except by lighting which is
concealed or indirect.
D.
Signs advertising and identifying multi-tenant office buildings in
the SU-1-A Mixed Use District.
(1)
Multi-tenant office buildings are permitted to have one freestanding
sign designating the name and address of the building, and identifying
the occupants of said building or buildings, provided that:
(2)
Multi-tenant office buildings are permitted to have one wall
sign designating the name and address of the building, provided that:
(3)
In addition to wall signs designating the name and address of
the building, multitenant office buildings are permitted to have additional
wall signs on the exterior wall of an office building as follows:
[Amended 2-11-2013 by Ord. No. 736]
(a)
Multitenant office buildings having at least 200,000 square
feet of gross leasable area are permitted to have three additional
wall signs of a maximum of 200 square feet per sign on the exterior
wall of the building.
(b)
Multitenant office buildings having 100,000 square feet of gross
leasable area up to 200,000 square feet of gross leasable area are
permitted to have two additional wall signs of a maximum of 200 square
feet per sign on the exterior wall of the building.
(c)
Multitenant office buildings having 50,000 square feet of gross
leasable area up to 100,000 square feet of gross leasable area are
permitted to have two additional wall signs of a maximum of 100 square
feet per sign on the exterior wall of the building.
(d)
Multitenant office buildings having less than 50,000 square
feet of gross leasable area are permitted to have two additional wall
signs of a maximum of 50 square feet per sign on the exterior wall
of the building.
(e)
No such sign shall be illuminated except by lighting which is
concealed, internally illuminated or indirect.
(4)
Multi-tenant office buildings are permitted to have such directory
signs as are necessary to promote the safe and convenient movement
of traffic within the driveways and parking areas, provided that:
(a)
The size of such sign shall not exceed the product of the number
of occupants listed on such directory multiplied by 250 square inches.
(b)
Such sign shall be erected perpendicular to the driveway nearest
their location.
(c)
No such sign shall be illuminated except by lighting which is
concealed, internally illuminated or indirect.
E.
A master signage plan depicting the type, approximate location and
approximate size of each proposed sign shall be submitted at the time
of both preliminary and final plan submission.
[Amended 2-11-2013 by Ord. No. 736]
