In expansion of the statement of community development objectives contained in Article
III, §
160-8, of this chapter and pursuant to the Whitpain Township Comprehensive Plan Update, it is hereby declared to be the intent of this article with respect to the Village Commercial District to allow for professional and business offices and certain commercial uses. Specifically, it is the intent of this article to:
A. Allow professional and commercial uses adjacent to
residential areas which would be compatible with residential uses,
less intense and of smaller scale than uses typically associated with
other commercial districts which will serve as a transition/buffer
between existing intensive commercial use and residential areas.
B. Encourage small-scale professional, business and certain
commercial uses in existing structures, especially occupant-operated
enterprises.
C. Enhance the quality of nonresidential development
by encouraging a residential character, limiting the scale of buildings,
controlling parking and access and establishing design criteria for
signage, lighting and increased landscape buffers.
D. Encourage the preservation and enhancement of the
residential character of neighborhoods adjacent to the district.
E. Provide neighboring residential communities with opportunities
for upscale retail services which are in close proximity and in harmony
with the adjacent residential neighborhoods, thereby reducing travel
distance and eliminating congestion.
F. Prohibit strip-type and highway-oriented commercial
appearance, incongruous architectural styles, excessive building and
impervious cover and nonessential curb cuts.
G. Retain and enhance to the greatest extent possible
desirable characteristics of the site such as mature trees, historic
structures and other site features; encourage the reuse of noteworthy
structures, now or lately used as residences.
The maximum height of any building erected shall not exceed two stories and shall not be greater than 30 feet in height as defined under §
160-7B. No part of any building or structure, including chimneys, spires, towers, elevator penthouses, tanks, mechanical apparatuses and similar projections, shall be higher than 35 feet above mean grade level.
Where the Township Board of Supervisors shall
have approved plans of a village commercial center in accordance with
the regulations herein, the subsequent division of the tract or part
thereof into lots incident to the development of the village commercial
use, for financing purposes only, shall thereafter be exempted from
the bulk, area, yard, open space and green space requirements of the
Whitpain Township Zoning Ordinance, provided that the conveyance of
a parcel within the development plan area shall be lawful upon compliance
with the following conditions as certified by the Board of Supervisors:
A. The development plan shall show a physical relationship
between the area to be conveyed, the remaining area covered by the
development plan and the common areas so that each area is dependent
upon the other and so that the areas to be conveyed lack the facilities
to conduct an independent commercial operation.
B. Any transferee as aforesaid shall have a substantial
economic interest in the operation of the development as an integrated
unit.
C. Documentary evidence shall be filed with the Township
which shall affirm to the satisfaction of the Township that:
(1)
The developer, its successors and assigns shall
remain responsible for the construction, control and maintenance of
the common areas.
(2)
Irrevocable cross easements in favor of and
duly binding on all title owners within the area of the development
plan, their successors and assigns, as respects the use, control and
maintenance of the common areas, are in effect.
(3)
The area to be conveyed shall be conveyed subject
to the requirements of the development plan, the obligations and responsibilities
as to the common areas and the requirements of the cross easements
so that each transferee of title as aforesaid shall be bound by the
same.
(4)
The developer, its successors and assigns shall
have the authority to enforce the conditions attached to the development
plan as well as the sole authority to seek amendments thereto.
Adequate off-street parking and loading space is permitted in accordance with Article
XXVII of this chapter.