A.
Purpose. A Greenways Overlay District is hereby established
consistent with recommendations of the Township of Pine Comprehensive
Plan. The Board of Supervisors finds and determines that the establishment
and maintenance of a greenways system as identified is the minimum
improvement for continuing the character and welfare of the Township.
B.
Greenway standards. Development or redevelopment in
the Greenways Overlay District shall not be approved unless:
(1)
For existing wooded areas within the Greenways Overlay
District:
(a)
A wooded and landscaped strip, not less than
15 feet in width in commercial zones and 40 feet in width in all other
zones, shall be maintained along the entire frontage of the property,
except for ingress/egress for vehicles.
(b)
The landscaped strip shall be comprised of an existing stand of mature trees meeting the minimum quantity and minimum size requirements of § 84-21 B(2)(b)[1] or [2].
[Amended 11-16-2009 by Ord. No. 352]
(c)
Measurement for the greenways required by this
section shall be measured beginning at the road right-of-way line
extending away from the road parallel to the road right-of-way line.
(2)
For other portions of the Greenways Overlay District:
(a)
A wooded and landscaped strip, not less than
15 feet in width in commercial zones and 40 feet in width in all other
zones, shall be created along the entire frontage of the property,
except for ingress/egress for vehicles.
(b)
The landscaped strip shall include plants included in § 84-111B(5) and include:
[1]
Commercial districts: one tree, 2 1/2 inches
minimum caliper every 30 linear feet on center.
(c)
Earthen mounding shall be utilized, in areas
deemed appropriate, to help screen the rear yards of residential use
structures, parking and loading areas, building mechanical systems,
or other objectionable elements or uses on the site. Earthen mounding
shall include plantings meeting the requirements of this section.
[Amended 3-15-2021 by Ord. No. 393]
C.
Structures.
(1)
No structures shall be constructed within the Greenway
Overlay District or the Greenway Overlay District building setback
line unless such building setback is reduced by a provision of the
Traditional Village Overlay District (TVO) or the Town Center Design
District (TCDO).
(2)
Unless otherwise stated in this chapter, the setbacks
for any structure from a road right-of-way identified as a greenway
for noncommercial districts shall be 100 feet.
(3)
No structures of any type related to oil and gas development, natural
gas compressor stations, or natural gas processing plants shall be
allowed within the Greenways Overlay District; provided, however,
that such prohibition shall not be applicable to pipelines for the
transmission or distribution of oil and gas which are both allowable
and regulated by the Pennsylvania Public Utility Commission.
[Added 3-15-2021 by Ord. No. 393]
D.
All subdivisions, land developments, and planned residential
developments shall provide easements for and connections to trails
in conformity with the provisions of this chapter and other applicable
portions of the Pine Code, as amended.
E.
Should PennDOT have a viable plan to acquire additional
right-of-way from any property owner along Route 19 within the Town
Center Design Overlay District (TCDO), then the Board of Supervisors
may defer or relieve the applicant of any of the greenway requirements.
A.
Purpose. The purpose of this section is to enhance
and preserve the Old Wexford area as a traditional village. This section
promotes the development of livable streets, which are oriented to
and accessible by pedestrians. Development permitted within the Traditional
Village Overlay District will have specific pedestrian and neighborhood
orientation, and will be linked together through streetscape amenities,
including sidewalks, ornamental streetlighting, pedestrian-scale signage,
street trees, and screened parking. The TVO is established to achieve
the following:
(1)
To build upon and preserve the existing village development
pattern which is unique to the character, scale and history of the
Old Wexford area.
(2)
To maintain the significance of the Old Wexford area
as a destination point within the Township of Pine and to retain its
identifiable sense of place.
(3)
To facilitate pedestrian traffic through the development
of streetscape amenities such as sidewalks, traffic calming measures,
street-edge landscaping features, pedestrian-scale lighting and screened
parking.
(4)
To provide for a mix of mutually supportive uses that
are unified by the streetscape design.
(5)
To limit and discourage development of strip-type,
auto-dependent commercial uses that create traffic conflicts because
they require numerous individual curb cuts and generate higher traffic
volumes which are potentially detrimental to the public safety.
(6)
To encourage the consolidation of curb cuts for vehicular
access and promote more efficient and economical parking lots or garages.
(7)
Encourage uses that minimize noise and congestion.
(8)
Permit uses that promote conversion or reuse of existing
buildings in a manner that maintains the character and scale of existing
development within the TVO District.
(9)
Prevent the deterioration of structures and protect/support
effective rehabilitation efforts.
B.
Uses by right. Uses allowed in the C-1 District shall
be permitted within the TVO District with the following additions
and exceptions:
(1)
Prohibited uses in the TVO district:
(a)
Adult-oriented establishments;
(b)
College;
(c)
Drive-in theaters;
(d)
Group care facility;
(e)
Heliports;
(f)
Hospital;
(g)
Life care community;
(h)
Motel or hotel;
(j)
Natural gas processing plants;
[Added 3-15-2021 by Ord. No. 393]
(k)
Oil and gas development;
[Added 3-15-2021 by Ord. No. 393]
(l)
Vehicle sales;
(m)
Vehicle service stations.
C.
Area and bulk regulations. In the TVO District, the
following regulations shall be observed on each lot that is used hereafter
and on each lot upon which a building or structure is hereafter erected,
altered, enlarged or maintained:
(1)
Unless specified in this subsection, all other requirements
(lot area, lot width, side and rear yards, coverage and height) shall
be provided as defined in the respective base district.
(2)
Minimum lot width: 50 feet at the building setback
line.
(5)
Yard requirements.
(a)
Front yard.
[1]
The minimum building setback shall not be less
than the smaller of the front yards of the two buildings immediately
adjacent (on either side) to the proposed use, or 10 feet from the
street right-of-way, whichever is greater.
[2]
The maximum building setback shall be 25 feet.
[3]
The maximum building setback may be exceeded
when a development or use incorporates enhanced pedestrian spaces
and amenities within the setback area that consists of a combination
of features such as plazas, courtyards, arcades, outdoor seating,
widened sidewalks or pedestrian pathways, benches, shelters, street
furniture, public art or kiosks.
(b)
Side yard; principal or accessory use or structure:
0 feet.
(c)
Rear yard; principal or accessory use or structure:
0 feet.
D.
Nonresidential design standards. General design requirements
for uses within the TVO District shall include the following:
(1)
Applicability.
(a)
The requirements of this subsection shall apply
to all new land developments and existing buildings reconstructed
by the expenditure of an amount over 50% of the building's then current
estimated fair market value as established by Allegheny County in
its tax assessment.
(2)
Building context and compatibility.
(a)
New buildings shall be constructed to be generally
compatible with buildings on the same block frontage within 200 feet.
This provision shall be satisfied by constructing the subject structure
so that at least three of the following features are similar to the
majority of other structures within 200 feet on the block frontage
on both sides of the street:
(3)
Building materials.
(a)
Ground-floor transparency.
[Amended 11-16-2009 by Ord. No. 352]
[1]
The street-level facade of any building facing
a public street or access drive shall be transparent between the height
of two feet and eight feet above the walkway grade for at least 60%
of the horizontal length of the structure.
[2]
All glazing shall be clear, lightly tinted,
or spandrel glass.
[3]
Spandrel glass may be used to comply with the transparency requirement;
however, spandrel glass may only be utilized to achieve the transparency
requirement as long as spandrel glass and visual glass are not both
utilized on the same wall plane.
[4]
In special circumstances alternatives to the transparency requirements
of this section may be permitted, subject to all of the below-stated
conditions:
[a]
Upon appropriate demonstration by the applicant, a determination
that strict compliance with the transparency requirements cannot be
reasonably achieved.
[b]
Proposal by the applicant of an appropriate transparency alternative
which incorporates the use or arrangement of building materials that
simulate transparency and/or that provides enhanced architectural
amenities (which architectural amenities are determined to be in addition
to those otherwise required by the Code of the Township of Pine).
[c]
The use of the proposed transparency alternative shall not result
in a reduction of more than 25% of the otherwise applicable transparency
requirements of this section.
(4)
Driveways/curb cuts.
(a)
Spacing.
[1]
In order to reduce pedestrian and vehicular
conflict within the TVO District, shared driveway entrances and access
drives are encouraged.
[2]
Spacing of curb cuts or driveways for nonresidential
uses shall be determined according to the following schedule:
|
Speed Limit
(mph)
|
Minimum Spacing
(feet)
| |
|---|---|---|
|
25
|
105
| |
|
30
|
125
| |
|
35
|
150
|
[a]
These spaces are based on average vehicle acceleration
and deceleration rates and are considered necessary to maintain safe
traffic operation.
[b]
Spacing will be measured from the midpoint of
each driveway.
[c]
In the event that a particular parcel or parcels
lack sufficient road frontage to maintain adequate spacing, the landowner
may seek a variance, or the adjacent landowners may agree to establish
a common driveway. In such cases, the driveway midpoint should be
the property line between the two parcels.
[d]
The driveway must meet standard Township specifications.
(b)
When two adjacent property owners agree to combine
access points, the Township may grant an incentive bonus, in which
case the required number of parking spaces would be reduced by 15%
for each development, or the building coverage may be increased by
10%.
(c)
Driveways and curb cuts shall have direct alignment
with driveways/curb cuts on opposing lots.
(5)
Off-street parking.
(a)
If a Township-owned public parking lot is provided
within the TVO District within 600 feet of the use, the applicant
may be permitted, as a conditional use, to defer a portion of the
required off-street spaces to the public parking lot if space is determined
available.
(b)
Landscaping and screening.
[1]
Parking shall be screened from the view of public
streets and access drives, using a buffer strip that shall include
trees, shrubs, groundcovers, or fencing.
[2]
The planting buffer strip shall be a minimum
of six feet in width and include one tree for every 200 square feet
of area.
[3]
Screening shall be an average height of 3 1/2
feet and include:
(c)
(d)
Vehicular linkages.
[1]
Parking lots and garages shall be connected
to adjacent parcels through a rear or side yard access drive constructed
parallel to the public street to which the use fronts, or is located
along, to provide a secondary point of access in a grid pattern to
uses within the TVO District.
[2]
Access drives shall be constructed in accordance
with Township specifications.
[3]
Where a parking lot or garage is constructed
and is adjacent to an undeveloped lot, the access drive or alley shall
be extended to the lot line for future connection to the adjacent
parcel.
(6)
Outdoor seating.
(a)
Outdoor seating is permitted to encroach upon
the public sidewalk provided that a five-foot clear sidewalk passage
is maintained.
(7)
Sidewalks.
(a)
Sidewalks shall be required for all land developments,
changes of use, and for buildings reconstructed or rehabilitated over
50% of tax assessment as determined by Allegheny County or for buildings
expanded by 25% or more.
(b)
Along all public streets, a sidewalk shall be
constructed. The sidewalk shall include:
(c)
Sidewalks shall be installed to connect to the
lot line of adjacent parcels.
(8)
Signage. Signs shall be permitted as provided for in § 84-121 of this chapter, with the following additions and exceptions:
(a)
Prohibited signs. Signs not permitted in the
TVO District include:
[1]
Backlit and internally illuminated box signs;
[2]
Banners (except for banners installed by the
Township);
[3]
Outdoor advertising signs;
[4]
Flashing or blinking signs;
[5]
Marquee-type signs with changeable message;
[6]
Mobile placards;
[7]
Off-premises real estate signs (lease, sale,
rental);
[8]
Pennants/streamers;
[9]
Plastic awnings that are illuminated or act
as a sign;
[10]
Portable signs, with the exception of sandwich board signs as provided for in Subsection § 84-22D(8)(b)[4];
[11]
Signs with movable parts;
[12]
Signs on roofs, dormers, and balconies;
[13]
Signs employing mercury vapor, low-pressure
and high-pressure sodium, and plastic panel rear-lighted signs.
(b)
Permitted signs.
[1]
[2]
Window signs.
[a]
Window signs (which include posters, signs,
symbols and other identification of, or information about, the occupant
or activity and/or use of the premises) may be permitted within the
allowable total sign area applicable to the building.
[b]
Window signs shall not exceed 10% of the total
glass area of the front of the building.
[c]
Neon window signs may be permitted in cases
where they are custom designed to be compatible with the architectural
character and exterior color of the building.
[d]
Window signs shall be limited to ground floor
or first floor windows only.
[4]
Sandwich board signs.
[Amended 11-1-2010 by Ord. No. 356]
[a]
Signs which provide a menu option (or other advertising) for the
particular use and which are displayed on an easel-like frame only
during normal business hours may be permitted to be placed on or adjacent
to the sidewalk along the road frontage of the use, provided that
five feet of sidewalk width remains unobstructed.
[b]
One sandwich board sign shall be permitted per business that has
its own direct entrance to or from the sidewalk or parking area, and
such sandwich board sign shall not exceed six square feet in area
per sign face.
[c]
All sandwich board signs shall be securely anchored so as not to
create a hazard should such sign become dislocated from its intended
location.
[d]
For properties that contain frontage and/or side and/or rear yards
which abut State Route 19, sandwich board signs shall not be placed
along such State Route 19 frontage.
(9)
Streetlighting.
(a)
Streetlights are required for all land developments,
changes of use, and for buildings reconstructed or rehabilitated over
50% of tax assessment as determined by Allegheny County or for buildings
expanded by 25% or more within the TVO Districts.
(b)
Illumination levels shall provide for adequate
safety, yet not detract from or overly emphasize the site or building.
(c)
Streetlights, including all pedestrian lighting,
shall not exceed 15 feet in height.
(d)
Streetlights shall be located as directed by
the Township.
(e)
Streetlights shall be in accordance with an
approved photometric plan and the level limitations as required by
Township specifications.
(10)
Street trees.
(a)
One street tree shall be required for every
30 feet of front yard, for all land developments, changes of use,
and for buildings reconstructed or rehabilitated over 50% of tax assessment
as determined by Allegheny County or for buildings expanded by 25%
or more within the TVO District.
A.
Purpose. The purpose of this section is to encourage
the development of a pedestrian orientated corridor that links a variety
of uses through streetscape amenities and design treatments which
include sidewalks, streetlighting, landscaping, street trees, screened
and pedestrian friendly parking lots or garages and coordinated signage.
The Town Center Design Overlay will serve as a transitional zone unifying
the unique development patterns of the Old Wexford Village Area. The
TCDO is established to achieve the following:
(1)
To facilitate safe and efficient pedestrian and vehicular
travel along the Route 19 Corridor through the application of coordinated
streetscape amenities, including sidewalks, streetlighting, landscaping,
building and parking orientation and signage.
(2)
To manage the development of strip type, auto-dependent
commercial uses that create traffic conflicts by requiring numerous
curb cuts and generate higher traffic volumes which are potentially
detrimental to the public safety.
(3)
To create a "Town Center" environment that is unique
to the Township of Pine.
B.
C.
Area and bulk regulations. In the TCDO District, the
following regulations shall be observed on each lot that is used hereafter
and on each lot upon which a building or structure is hereafter erected,
altered, enlarged or maintained
(1)
Unless specified in this subsection, all other requirements
(lot area, lot width, side and rear yards, coverage and height) shall
be provided as defined in the respective base district.
(2)
Yard requirements.
(a)
Front yard.
[1]
The minimum building setback within the TCDO
District shall be 35 feet as measured from the street right-of-way
line.
[2]
Where applicable, the applicant shall be permitted
to use an average building setback, as defined below:
[a]
New development within the TCDO District shall
be permitted to use the average building setback of existing structures
located on adjacent sites.
[b]
The average building setback concept may be
used if the existing front setbacks of lots within the same block
or within 1,500 feet of the subject lot, and fronting on the same
side of the street are less than the minimum front setback.
[c]
In such instances, applicants shall be permitted
to use the average front setback, where the average setback shall
be the mean (average) setback of all lots on the same side of the
street within the same block or 1,500 feet of the subject property.
[d]
No more than six lots on either side of the
subject property shall be included in the calculation.
[3]
The average or minimum building setback may
be reduced by 10 feet when a development or use incorporates enhanced
pedestrian spaces and amenities within the setback area that consist
of a combination of features such as plazas, courtyards, arcades,
outdoor seating, widened sidewalks or pedestrian pathways, benches,
shelters, street furniture, public art or kiosks as determined by
the Board of Supervisors.
D.
Nonresidential design standards.
(1)
Applicability.
(a)
The requirements of this subsection apply to
all land developments, changes of use, and for buildings reconstructed
or rehabilitated over 50% of tax assessment as determined by Allegheny
County or for buildings expanded by 25% or more of gross floor area
square footage.
(2)
Building materials.
(a)
Ground-floor transparency.
[Amended 11-16-2009 by Ord. No. 352]
[1]
The street-level facade of any building facing
a public street or access drive shall be transparent between the height
of three feet and eight feet above the walkway grade for at least
50% of the horizontal length of the structure.
[2]
No more than two sides of any one building shall
be subject to the minimum transparency provisions.
[3]
All glazing shall be dear, lightly tinted, or
spandrel glass.
[4]
Spandrel glass may be used to comply with the transparency requirement;
however, spandrel glass may only be utilized to achieve the transparency
requirement as long as spandrel glass and visual glass are not both
utilized on the same wall plane.
[5]
In special circumstances alternatives to the transparency requirements
of this section may be permitted, subject to all of the below-stated
conditions:
[a]
Upon appropriate demonstration by the applicant, a determination
that strict compliance with the transparency requirements cannot be
reasonably achieved.
[b]
Proposal by the applicant of an appropriate transparency alternative
which incorporates the use or arrangement of building materials that
simulate transparency and/or that provides enhanced architectural
amenities (which architectural amenities are determined to be in addition
to those otherwise required by the Code of the Township of Pine).
[c]
The use of the proposed transparency alternative shall not result
in a reduction of more than 25% of the otherwise applicable transparency
requirements of this section.
(b)
Exterior facade.
[1]
Surface treatments such as recesses, projections,
finish materials, awnings, and other architectural articulation shall
be required along 100% of the horizontal length of any wall.
[2]
Buildings which exhibit long, flat facades and
continuous linear strip development are prohibited in the TCDO District.
(3)
Building orientation. All buildings in the TCDO District
shall provide a prominent and highly visible street-level doorway
or entrance along the front or side of the building, which faces a
public street.
(4)
Driveways/curb cuts.
(a)
Spacing.
[1]
In order to reduce pedestrian and vehicular
conflict within the TCDO District, shared driveway entrances and access
drives are encouraged.
[2]
Spacing of curb cuts or driveways for nonresidential
uses shall be determined according to the following schedule:
|
Speed Limit
(mph)
|
Minimum Spacing
(feet)
| |
|---|---|---|
|
25
|
105
| |
|
30
|
125
| |
|
35
|
150
| |
|
40
|
185
| |
|
45
|
230
|
[3]
These spaces are based on average vehicle acceleration
and deceleration rates and are considered necessary to maintain safe
traffic operation.
[4]
Spacing will be measured from the midpoint of
each driveway.
[a]
In the event that a particular parcel or parcels
lack sufficient road frontage to maintain adequate spacing, the landowner
may seek a variance, or the adjacent landowners may agree to establish
a common driveway. In such cases, the driveway midpoint should be
the property line between the two parcels.
[b]
The driveway must meet standard Township specifications.
(b)
When two adjacent property owners agree to combine
access points, the Township may grant an incentive bonus, in which
case the required number of parking spaces would be reduced by 15%
for each development, or the building coverage may be increased by
10%.
(c)
Driveways and curb cuts shall have direct alignment
with driveways/curb cuts on opposing lots.
(5)
Greenway requirement. Greenways, as defined in § 84-10 and referenced in § 84-21 of this chapter, shall be provided along the Route 19 Corridor within the TCDO District as follows:
(a)
A wooded and landscaped strip of no less than
15 feet shall be provided in all commercial zones along the Route
19 Corridor.
(b)
The strip shall be provided along the entire
frontage of the parcel, except for entranceway for vehicles.
(c)
The strip shall comply with the requirements
of the Greenway Overlay District.
(d)
No structure within the TCDO District shall
be located closer to the edge of the greenway than 10 feet (calculating
the beginning point of the fifteen-foot-wide greenway from the right-of-way
line, measuring toward the building setback line).
(e)
Should PennDOT have a viable plan to acquire
additional right-of-way from any property owner along Route 19 within
the Town Center Design Overlay District (TCDO), then the Board of
Supervisors may defer or relieve the applicant of any of the greenway
requirements.
(6)
Off-street parking.
(a)
Location.
[1]
Front yard parking.
[a]
To the greatest extent possible, surface parking
shall not be located between the structure and a public street.
[b]
In all cases, screening from the street and/or
access drive is mandatory to define the street edge and soften the
visual impact of any parking area.
[c]
All corner lots along the corridor shall have
all parking areas screened from all streets and/or access drives.
[2]
Side yard parking. Off-street parking spaces
may be located to the side of buildings, provided that the facade
of the building facing the parking shall be transparent between the
height of three feet and eight feet above the grade of the walkway
for no less than 30% of the horizontal length of the building facade.
[3]
If a Township-owned public parking lot is provided
within the TCDO District within 600 feet of the use, the applicant
may be permitted as a conditional use to defer a portion of the required
off-street spaces to the public parking lot if space is determined
available.
(b)
Landscaping and screening.
[1]
Parking shall be screened from the view of public
streets and access drives, using a buffer strip that shall include
trees, shrubs, groundcovers, or fencing.
[2]
The planting buffer strip shall be a minimum
of eight feet in width and include one 2 1/2 caliper tree for
every 30 linear feet of frontage along any street or access drive.
[3]
Screening shall be a minimum height of 3 1/2
feet and include:
(c)
(d)
Pedestrian linkages.
[1]
All main and secondary entrances to buildings
shall be directly linked with a public sidewalk.
[2]
Clearly defined and marked sidewalks shall:
[a]
Be required within parking lots and be provided
for the length of the parking to the entrances of establishments.
[b]
Be distinguished from driving surfaces through
the use of special paves (bricks or scored concrete).
[c]
Feature benches and other amenities installed
along the pedestrian linkage approximately every 500 feet.
(e)
Vehicular linkages.
[1]
To reduce traffic congestion and the number
of curb cuts along public streets, parking shall be connected to adjacent
parcels through a rear or side yard access drive constructed parallel
to the public street to which the use fronts or is located along.
The intent is to provide a secondary point of access in a grid pattern
to uses within the TCDO District.
[2]
Access drives shall be constructed in accordance
with Township specifications.
[3]
Where a parking lot or garage is constructed
and is adjacent to an undeveloped lot, the access drive shall be extended
to the lot line for future connection to the adjacent parcel.
(8)
Signage. Signs shall be permitted as provided for in § 84-121 of this chapter, with the following additions and exceptions:
(a)
Prohibited signs. Signs not permitted in the
TCDO District include:
[1]
Banners (except for banners installed by the
Township);
[2]
Campus signs;
[3]
Flashing or blinking signs;
[4]
Marquee-type signs with changeable message;
[5]
Mobile placards;
[6]
Off-premises real estate signs (lease, sale,
rental);
[8]
Pennants/streamers;
[9]
Plastic awnings that are illuminated or act
as a sign;
[10]
Portable signs;
[11]
Signs employing mercury vapor, low-pressure
and high-pressure sodium, and plastic panel rear-lighted signs;
[12]
Signs on roofs, dormers and balconies;
[13]
Signs with movable parts.
(b)
Permitted signs.
[1]
Window signs.
[a]
Window signs (which include posters, signs,
symbols and other identification of, or information about, the occupant
or activity and/or use of the premises) may be permitted to be located
inside of the glass within the allowable total sign area applicable
to the building.
[b]
Window signs shall not exceed 10% of the total
glass area of the front of the building.
[c]
Neon window signs may be permitted in cases
where they are custom designed to be compatible with the architectural
character and exterior color of the building.
[d]
Window signs shall be limited to ground floor
or first floor windows only.
(9)
Streetlighting.
(a)
Illumination levels shall provide for adequate
safety, yet not detract from or overly emphasize the site or building.
(b)
Streetlights along collector commercial boulevards
shall not exceed 24 feet in height.
(c)
Pedestrian lighting shall not exceed 15 feet
in height.
(d)
Streetlights shall be located as directed by
the Township.
(e)
Lighting shall be in accordance with an approved
photometric plan and the level limitations as required by Township
specifications.
A.
Purpose. The purpose of this section is to reinforce
the principals of the Town Center design concepts and to maintain
the character of the State Route 19 Corridor by providing additional
regulations for the use of land (as an overlay zoning district) located
within certain of the existing zoning districts of the Township of
Pine which govern land located within such State Route 19 Corridor.
The objectives of the CDC District shall be as follows:
(1)
To reduce the visual impacts of uses that require
or generate the need for a large number of visible parking spaces
or other areas for motor vehicles or trailers.
(2)
To promote the development of small-scale buildings.
(3)
To reduce the intensity and impact of large-scale
buildings along the northern segment of the State Route 19 Corridor.
B.
Applicability. Uses of land located within the Commercial
Development Control Overlay District shall be permitted, as otherwise
stated and defined in this chapter, for the underlying, base zoning
district (including, as applicable, the C-1 Community Service Center
and the C-2 Planned Transition District). The regulations for the
underlying district shall remain applicable, subject, however, to
the exceptions noted in this section.
C.
Prohibited uses. The following uses shall be prohibited
in the Commercial Development Control Overlay District as hereinafter
specified:
(1)
Automotive dealerships, used;
(2)
Automobile sales, used;
(3)
Drive-in theaters;
(4)
Freestanding self-storage unit, individually or in
groups of such units;
(5)
Retail sales and services in structures containing
in excess of 40,000 square feet of floor area;
(6)
Vehicle repair station, unless as an accessory use
incidental to a primary use as a new automotive dealership;
(7)
Warehouses;
(8)
Warehouse sales.
D.
E.
Nonresidential design standards. Design standards within the Commercial Development Control Overlay District (CDC) shall be as contained in the provisions regarding the Town Center Design Overlay (TCDO) District, as set forth in § 84-23 of this chapter, subject, however, to the following below-stated exceptions:
(1)
Buildings and structures used for retail businesses
and/or department stores shall not exceed 40,000 square feet in gross
floor area upon any one lot;
(2)
Buildings and structures which are located upon separate
but adjoining lots may be connected to each other, provided that each
building or structure complies with all other applicable standards
and requirements of the Town Center Design Overlay (TCDO) District
and also with the following, additional standards:
(a)
The buildings or structures share a common wall,
which wall is constructed along a lot line;
(b)
The length of the portion of the building or
structure which connects along the common wall does not exceed 30%
of the total length or depth of either of the buildings or structures
on either lot;
(c)
The connection of the buildings or structures
is proportional in size and height to that of the buildings or structures
that are being connected;
(d)
Visual structural breaks in facades (including
recesses, projections, finish materials, and other architectural articulation)
shall be present upon connected buildings or structures so as to eliminate
expanses of long flat walls;
(e)
All buffer yard plantings otherwise required
to be installed along the common lot line shall be installed elsewhere
on either of the lots upon which such connected buildings or structures
are located.
(3)
All other applicable standards and requirements as set forth in § 84-23 of this chapter regarding the Town Center Design Overlay (TCDO) District shall apply to the Commercial Development Control Overlay District. Where there may be a conflict between the standards set forth in said § 84-23 of this chapter regarding the Town Center Design Overlay (TCDO) District and the Commercial Development Control Overlay District standards set forth in this section, those of the Commercial Development Control Overlay District shall apply.
F.
TC-PRD exception. Land areas that qualify for a Town
Center Planned Residential Development (TC-PRD) are exempt from the
requirements of the Commercial Development Control Overlay District
(CDC).
A.
Purpose. The purpose of the Town Center Planned Residential
District (TC-PRD) is to encourage the development of a special activity
center, which will serve as a focal point for the Township of Pine.
The Town Center will support a compatible mix of business, office,
service, and residential uses with a compact Town Center Core Area
(TCCA). The TCCA will support small-scale specialty retail, office,
and residential uses, and be designed to include a defined public
plaza and open space area as a central unifying design element. The
Town Center will have specific pedestrian orientation and will be
tied together through streetscape amenities and design treatments
which include sidewalks, pedestrian-scale and ornamental streetlighting,
pedestrian-scale signage, street trees and screened parking. The objectives
of the TC-PDR include:
(1)
To provide a defined core area and central gathering
place for the Township of Pine.
(2)
To facilitate pedestrian traffic through the development
of streetscape amenities such as sidewalks, pathways, traffic calming
measures, street edge landscaping features, pedestrian-scale lighting
and screened parking.
(3)
To develop a central public green space that includes
a plaza for public gatherings and which is directly integrated into
the design of the TCCA, residential uses and surrounding nonresidential
uses.
(4)
To provide for a mix of mutually supportive uses that
are unified by the streetscape design and enhance the character of
the State Route 19 Corridor.
B.
Uses by right. The following uses are permitted in
the TC-PRD:
(1)
Single-family dwellings, detached;
(2)
Single-family dwellings, attached;
(3)
Carriage homes;
(4)
Garden apartments;
(5)
College;
(6)
Civic clubs;
(7)
Day-care centers;
(8)
Farm markets;
(9)
Hospitals;
(10)
Motel or hotel;
(11)
Indoor theaters;
(12)
Kennels;
(13)
Life care communities;
(14)
Mixed uses;
(15)
Nature preserve;
(16)
Nursing homes;
(17)
Offices;
(18)
Parks;
(19)
Patio homes;
(20)
Places of worship;
(21)
Public and semipublic uses;
(22)
Restaurants without drive-thus;
(23)
Retail sales and services;
(24)
Recreation facility;
(25)
Trade school;
(26)
Vehicle service stations;
(27)
Veterinary services.
C.
Site requirements. To be eligible for development
under the Town Center Planned Residential Development (TC-PRD), the
following requirements shall be met:
D.
Town Center Core Area (TCCA) requirements.
(1)
The TC-PRD must contain a defined Town Center Core
Area (TCCA) that comprises a minimum of 2% of the total site area
or a minimum of five acres, whichever is greater.
(2)
The tentative plan shall clearly define the boundaries
of the TCCA, which shall be adjacent to the required open space area
described in this section.
(3)
A note shall be required on the tentative plan which
requires that construction must begin on the TCCA when 50% of the
proposed commercial/office development on the site has been completed
or when 25% of the residential development on site has been completed,
whichever is completed first.
(4)
A merchants' association shall be established for
the maintenance of the streetscape area within the TCCA. The developer
shall agree to maintain the TCCA area until such time as the merchants'
association is formed and operating.
E.
Mixed residential requirements.
(1)
A minimum of 20% of the total site area shall be designated
for residential use.
(2)
The gross site density of any residential area shall
not exceed 10 dwelling units per gross acre.
(3)
Dwelling units may include a combination of the following:
detached single-family dwellings, attached single-family dwellings,
multifamily and garden apartments.
(4)
A note shall be placed on the tentative plan, which
requires the developer to deed and lot off the required percentage
of residential land area at or before build-out of 40% of the nonresidential
area (retail/office area) of the site.
F.
Open space requirement.
(1)
A minimum of 25% of the total site area shall be designated
for public or common open space. The calculation of open space shall
not include streets, parking, rights-of-way, detention ponds, or access
to detention ponds.
(2)
The open space shall be dedicated or otherwise preserved
and maintained so as to always remain open to the public.
(3)
The common open space, including all improvements
and facilities, shall be offered for dedication for public use to
a public body, which agrees to accept, operate, and maintain the dedicated
land and facilities.
(a)
If the public body elects not to accept the
dedicated land, an appropriate maintenance or ownership mechanism
must be in place prior to final plan approval or prior to final plan
approval for Phase I, if the project is developed in phases.
(b)
The applicant/developer must provide for and
establish an organization for the ownership and maintenance of common
open space, and that such organization shall not be dissolved nor
shall it dispose of the common open space by sale or otherwise (except
to a successor organization conceived and established to own and maintain
the common open space), without first offering to dedicate the same
to the public.
(4)
A minimum of three acres of the dedicated open space
shall be located adjacent to, or incorporated into, the design of
the TCCA area as a developed public space with a traditional plaza
area or town square designed to resemble the mixed-use centers of
small towns. The plazas or town squares may include features such
as green spaces, lakes, fountains, etc.
(5)
The three acres of dedicated open space shall be in
addition to the land required for the TCCA as specified in this section
and offered to the Township of Pine for ownership and maintenance.
(6)
Any land lying within 15 feet of any multifamily structure
or within a deeded residential lot shall not be considered part of
the required open space.
G.
Retail sales and service requirements.
(1)
A minimum of 20% of the total site area shall be designated
for retail/office use.
(2)
Up to a maximum of 55% of the total site area shall
be permitted for retail/office use.
(3)
A maximum of 450,000 square feet of gross floor area
for retail or office uses shall be permitted. An additional 100,000
square feet of gross floor area for retail or office space shall be
permitted, provided that the calculation of parking spaces required
for all retail space within the Town Center is designed and constructed
based upon four spaces per 1,000 square feet or less.
I.
Area and bulk regulations. In the TC-PRD, the following
regulations shall be observed on each lot that is used hereafter and
on each lot upon which a building or structure is hereafter erected,
altered, enlarged or maintained:
(1)
Unless specified in this article, all other requirements
(lot area, lot width, side and rear yards, coverage and height) shall
be provided as defined in the respective base district.
(5)
Yard requirements.
(a)
Front yard.
[1]
The maximum setback for any building facade
for nonresidential uses shall be 35 feet.
[2]
Maximum building setbacks may be exceeded when
a development or use incorporates enhanced pedestrian spaces and amenities
consisting of features such as plazas, courtyards, arcades, outdoor
seating, widened sidewalks or pedestrian pathways, benches, shelters,
street furniture, or kiosks.
(6)
Building heights.
(a)
Residential uses.
[1]
No single dwelling or attached dwelling shall
have a height greater than 35 feet.
[2]
No garden apartment or garden apartment/attached
single-family dwelling complex shall have a height greater than three
habitable stories or 45 feet.
[3]
No attached single-family dwelling complex shall
have a height greater than 2 1/2 stories or 35 feet.
[4]
Chimneys, spires, tanks, or similar projections
may exceed the prescribed height by not more than 25%.
J.
Nonresidential design standards. The following design
standards shall apply to all nonresidential uses permitted within
the TC-PRD:
(2)
Building entrances.
(a)
All sides of a principal building that directly
face an abutting street shall feature at least one customer entrance.
(3)
Building materials.
(a)
Ground-floor transparency.
[Amended 11-16-2009 by Ord. No. 352]
[1]
The street-level facade of any building facing
a public street or access drive shall be transparent between the height
of three feet and eight feet above the walkway grade for at least
50% of the horizontal length of the structure.
[2]
No more than two sides of any one building shall
be subject to the minimum transparency provisions.
[3]
All glazing shall be clear, lightly tinted,
or spandrel glass.
[4]
Spandrel glass may be used to comply with the transparency requirement;
however, spandrel glass may only be utilized to achieve the transparency
requirement as long as spandrel glass and visual glass are not both
utilized on the same wall plane.
[5]
In special circumstances alternatives to the transparency requirements
of this section may be permitted, subject to all of the below-stated
conditions:
[a]
Upon appropriate demonstration by the applicant, a determination
that strict compliance with the transparency requirements cannot be
reasonably achieved.
[b]
Proposal by the applicant of an appropriate transparency alternative
which incorporates the use or arrangement of building materials that
simulate transparency and/or that provides enhanced architectural
amenities (which architectural amenities are determined to be in addition
to those otherwise required by the Code of the Township of Pine).
[c]
The use of the proposed transparency alternative shall not result
in a reduction of more than 25% of the otherwise applicable transparency
requirements of this section.
(4)
Detention ponds.
(a)
Detention ponds shall be designed to be integrated
into the overall site design and incorporate landscaping features,
fountains, and passive recreational amenities such as benches for
sitting and pathways, etc. The intent is to provide an aesthetic and
functional facility that fits within the character of the Town Center.
(b)
Where aesthetic and passive recreational amenities
are incorporated into the design of the detention pond, the detention
pond may be calculated as part of the required open space as required
within the TC-PRD.
(c)
Side slopes of such ponds shall not exceed a
ratio of four to one horizontal to vertical dimension, unless such
detention pond side slopes are existing prior to the adoption of this
article.
(5)
Off-street parking.
(a)
Location.
[1]
To the greatest extent possible, surface parking
lots shall not be located between the structure and a public street.
[2]
In all cases, screening from the street and/or
access drive is mandatory to define the street edge and soften the
visual impact of any parking area.
[3]
All corner lots along the corridor shall have
all parking areas screened from all streets and or access drives.
(b)
Landscaping and screening.
[1]
Parking shall be screened from the view of public
streets and access drives, using a buffer strip that shall include
trees, shrubs, groundcovers, or fencing.
[2]
The planting buffer strip shall be a minimum
of eight feet in width and include one tree for every 200 square feet
of area.
[3]
Screening shall be a maximum height of four
feet and include:
(c)
(d)
Pedestrian linkages.
[1]
All main and secondary entrances to buildings
shall be directly linked with a public sidewalk.
[2]
Clearly defined and marked sidewalks shall:
[a]
Be required within parking lots and be provided
for the length of the parking to the entrances of establishments.
[b]
Be distinguished from driving surfaces through
the use of special pavers (bricks or scored concrete).
[c]
Feature benches and other amenities installed
along the pedestrian linkage approximately every 500 feet.
(6)
On-street parking.
(a)
Pockets of on-street parking shall be provided
along public streets and access drives within the residential and
nonresidential areas of the Town Center. The design of "protected
on-street parking spaces" is encouraged and shall include landscaped
islands, which project out from the curb; the island creates a protected
parking bay.
(b)
The number of parking spaces provided on-street
shall be subtracted from the number of off-street parking spaces required
for the use in which the on-street spaces serve.
(c)
Decorative planters, unique directional signage,
and sitting areas shall be located on the landscaped islands (created
by protected on-street parking areas) at intersections throughout
the nonresidential areas of the Town Center.
(8)
Signage. Signage shall be permitted as provided in § 84-121, with the following exceptions:
(a)
Prohibited signs.
[1]
The use of internally illuminating signs, flashing,
moving or intermittently illuminated box signs, internally illuminated
awnings, freestanding signs and any sign using neon or other similar
light sources shall be prohibited, except freestanding signs for restaurants
and buildings over 50,000 square feet of floor area may be permitted
when designed as a part of an architectural feature of the building.
(9)
Street design standards.
(a)
TC-PRD street design standards are to be utilized
for public streets within a TC-PRD, as selected by the developer,
which are sufficient for the anticipated traffic volumes to maintain
the required level of service.
(b)
Protected on-street parking areas shall only
be located where determined to be safe and appropriate.
(c)
Trails may be incorporated along streets in
lieu of sidewalks where dictated by the location or topography of
the adjacent parcel.
(d)
Boulevard.
[2]
Median landscape plantings.
[a]
The grass median shall be planted with shade
trees a minimum of 30 to 50 feet on center (depending on the type
of tree) in order to maintain a continuous canopy along the length
of the median.
[b]
Ornamental trees shall be used to provide an
understory layer for the overhead canopy of major shade trees.
[c]
In addition, the ornamental trees shall be used
to define the entry points along the boulevard and provide opportunities
for color, variety of form and as an accent or major focus.
[3]
Pavement width. The pavement width shall be
a minimum of 11 feet for a single lane of travel.
[4]
Design speed. Design speeds shall be no less
than 30 miles per hour.
[5]
Parking lane. A ten-foot parking lane shall
be provided along the length of the boulevard.
[7]
Planting strip. A minimum of seven feet shall
be provided between the curb and the sidewalk along the length of
the boulevard (except in instances where design dictates that the
sidewalk extends from the building setback line to the curb).
[8]
Shade trees. Shade trees shall be planted a
minimum of 30 to 50 feet on center (depending on the type of shade
tree) within the planting strip to provide a continuous canopy along
the length of the boulevard.
(e)
Collector street.
[1]
Pavement width. The minimum pavement width shall
be 11 feet for a single travel lane.
[2]
Design speed. Design speed should range between
30 and 35 miles per hour.
[3]
Parking lane. A ten-foot parking lane shall
be provided along the length of the collector street.
[6]
Shade trees. Shade trees shall be planted a
minimum of 30 feet on center (depending on the type of shade tree)
within the planting strip or within defined planters in the TCCA to
provide a continuous canopy along the collector street.
(f)
Local street.
[1]
Pavement width. Minimum pavement width shall
be 10 feet for each single lane of travel.
[2]
Design speed. Design speed should range between
20 and 25 miles per hour.
[3]
Parking lane. A ten-foot parking lane shall
be provided along the length of the access drive.
[5]
Planting strip. A planting strip shall be provided
between the curb and the sidewalk along the length of the local street.
[6]
Shade trees. Shade trees shall be planted a
minimum of 30 feet on center (depending on the type of shade tree)
within the planting strip to provide a continuous canopy along the
local street.
(g)
Access drive.
[1]
Pavement width. Minimum pavement width shall
be eight feet for each single lane of travel.
[2]
Design speed. Design speed should range between
15 and 25 miles per hour.
[3]
Parking lane. A ten-foot parking lane shall
be provided along the length of the access drive on one side of the
access street.
[5]
Planting strip. A planting strip shall be provided
between the curb and the sidewalk along the length of the access drive.
[6]
Shade trees. Shade trees shall be planted a
minimum of 30 feet on center (depending on the type of shade tree)
within the planting strip to provide a continuous canopy along the
access drive.
(10)
Streetlighting.
(a)
Illumination levels shall provide for adequate
safety, yet not detract from or overly emphasize the site or building.
(b)
Streetlights along collector commercial boulevards
shall not exceed 24 feet in height.
(c)
Pedestrian lighting shall not exceed 15 feet
in height.
(d)
Streetlights shall be located as directed by
the Township.
(e)
Lighting shall be in accordance with an approved
photometric plan and the level of limitations as required by Township
specifications.
K.
Town Center Core Area design standards. The following
design standards shall apply specifically to the TCCA within the TC-PRD:
(1)
Applicability. All other applicable standards and requirements as set forth in this chapter and Chapter 78 shall apply to the TCCA within the TC-PRD. Where there may be a conflict between said ordinances and the TC-PRD, the TC-PRD standards shall control.
(a)
Permitted uses.
(b)
Location.
[1]
The TCCA shall be located on a common green,
traditional town square or a plaza area designed to resemble the mixed-use
centers of small towns.
(c)
Building orientation.
[1]
The design character of the TCCA shall include
multi-store-front structures with windows providing a clear view of
the retail activity interior to the building.
[2]
The front yard setback shall be 0 and a minimum
of 50% of all principal structures in the TCCA shall be constructed
at the lot line.
(d)
Off-street parking.
[1]
Landscaping and screening.
[a]
Parking shall be screened from the view of public
streets and access drives, using a buffer strip that shall include
trees, shrubs, groundcovers, or fencing.
[b]
The planting buffer strip shall be a minimum
six feet in width and include one tree for every 200 square feet of
area.
[c]
Screening shall be a maximum 3 1/2 feet
and include:
(e)
On-street parking.
[1]
On-street parking shall be designed to provide
convenient access to store fronts and be available at the curbside
parallel to the flow of traffic.
[2]
The number of parking spaces provided on-street
shall be subtracted from the number of off-street parking spaces required
for the use in which the on-street spaces serve.
[3]
Decorative planters, unique directional signage,
and sitting areas shall be located on the landscaped islands (created
by protected on-street parking areas) at intersections throughout
the nonresidential areas of the Town Center.
[4]
The design of "protected on-street parking spaces"
is encouraged and shall include landscaped islands, which project
out from the curb; the island creates a protected parking bay.
(g)
Sidewalks.
[1]
Along all public streets, a sidewalk shall be
constructed. The sidewalk shall include:
[a]
A minimum of 15 feet in width beginning at the
edge of the curb toward the front of the structure.
[b]
Pedestrian amenities along the street edge,
generally every 500 feet, and include street trees, decorative planters,
benches, landscaped areas, plazas, etc. Such amenities shall be located
within the sidewalk area to create a pleasing pedestrian environment
and to serve as a linkage to the public green, plaza, etc., and other
design elements throughout the Town Center.
[2]
Sidewalks shall be installed to connect to the
lot line of adjacent parcels.
[3]
Public spaces shall be interconnected to sidewalks,
walkways, and parking.
(h)
Signage. Signage within the Town Center Core Area may be unique to the surrounding area. Signs shall be provided in accordance with § 84-121, with the following additions or exceptions:
[2]
Permitted signs.
[a]
Wall signs.
[i]
Wall projecting signs shall be
permitted, provided that the lower edge of the sign is a minimum of
10 feet above grade, it does not extend more than six feet from the
building wall, and it does not extend higher than the first floor
or 15 feet, whichever is less.
[ii]
The maximum sign area would not
exceed 10 square feet per sign face.
[b]
Window signs.
[i]
Window signs (which include posters,
signs, symbols, and other identification of or information about the
occupant, activity, or use of the premises) may be permitted within
the allowable total sign area applicable to the building.
[ii]
Window signs shall not exceed
10% of the total glass area of the face of the building.
[iii]
Window signs shall be limited
to the ground floor or first floor windows only.
[iv]
Neon window signs may be permitted
in cases where they are custom designed to be compatible with the
architectural character and exterior of the building.
[c]
Sandwich board signs.
[i]
Sandwich board signs which provide
a menu option for the particular use and which are displayed only
during normal business hours may be permitted to be placed on the
sidewalk immediately in front of the use, provided that a five-foot
clear pedestrian passage is maintained.
[ii]
One sandwich board sign may be
permitted per building and shall not exceed 10 square feet in total
sign face area.
[iii]
Sandwich board signs are permitted
to encroach upon the public sidewalk provided that a five-foot clear
sidewalk passage is maintained.
L.
Construction in phases.
(1)
If the TC-PRD and/or TCCA are constructed in phases,
each phase, when combined with the preceding phases, shall conform
to all of the requirements of this article.
(2)
It is further required that a schedule for the construction
of areas of greater density concentration than permitted on the entire
tract will be offset by site improvements (infrastructure, grading,
general landscaping, etc.) which, because of the size or cost, are
in proportion to the number of dwelling units to be constructed in
each stage.
(3)
As an alternative to part or all of the site improvements
required to offset development densities in excess of the overall
permitted density, the Township may require the reservation of open
space by grant, easement, or covenant in favor of the Township in
an amount and location necessary to balance the excess development
density of each phase.
[1]
Editor's Note: Former § 84-26, Planned residential
development, as amended, was repealed 6-7-2021 by Ord. No. 394.
